Excusés une Juror sourd dans une affaire Assassiner
Deaf juror should have been excluded in drowning trial, Ohio Supreme Court rules….
The Ohio Supreme Court ruled today that a judge should have excused a deaf juror in a murder case involving a Fairlawn man.
The court’s decision means a new trial will be held for Scott Speer, who was accused of murdering his friend, James Barnett of Barberton.
Barnett, 39, drowned in Lake Erie after falling off —or, as prosecutors alleged, being pushed from — a boat into choppy nighttime waters near Port Clinton.
Speer, who was on the boat, was convicted in October 2007 of aggravated vehicular homicide and involuntary manslaughter related to the 2002 drowning death of Barnett. He was sentenced to four years in prison.
A jury acquitted Speer, 44, of aggravated murder and murder.
Speer appealed his conviction and sentence.
The 6th District Court of Appeals concluded he didn’t receive a fair trial because a hearing-impaired woman was on the jury and she couldn’t fully comprehend the vocal nuances in Speer’s 911 call, a key piece of evidence in the case.
Prosecutors appealed that decision to the Ohio Supreme Court. Speer was released on bond following the decision.
Justice Terrence O’Donnell, writing for the 5-2 court majority, found that the female juror’s hearing impairment ”directly affected her ability to perceive and evaluate that evidence because she only read the colloquy [of the 911 call] from a real-time transcription.”
Classé sous: Sourds loi
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If the deaf juror communicated through American Sign Language then the 911 recording should have been interpreted, and the interpretation should include all those vocal nuances visually through non-manual features and facial expression.
Do we know if an interpreter was provided? Is this the defendant and his team applying a loop hole to get a re-trial?
Well this is a nice one. I was just searching for some articles for my school homework. I was thinking that I will come across Wikipedia but I was simply shocked when your blog came first but now I understood that Google was right in placing your blog on the top.
Tough Case…
Should Deaf be excluded from jury duty?
Possibly…
Only because it’s fair to be tried by a Jury of Peers.
The Deaf person may not perceive like other jurors.
However, law should be made that When Deaf goes to court then Jury should be all Deaf peers too!!
How’s that sound?
Did you create your own blog or did a program do it? Could you please respond? 41
I created it myself