Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!americast.com!americast.com!americast-post Newsgroups: americast.twt.news From: americast-post@AmeriCast.Com Organization: American Cybercasting Approved: americast-post@AmeriCast.com Subject: Lawyers stunned by ruling in N.Y. Date: Sat, 14 Nov 92 16:22:11 EST Message-ID: \SE A;NATION \SS (WS) \HD Lawyers stunned by ruling in N.Y. \BY REUTERS \DT NEW YORK NEW YORK (Reuters) - A ruling by New York's top court could mean that thousands of criminal cases will have to be retried, including some of the state's most notorious, like the subway stabbing death of a Utah tourist and the vicious attack on a jogger in Central Park. The ruling, which permits a new trial if a defendant was not present during private talks between a judge and potential jurors, could have national consequences if it is appealed to the U.S. Supreme Court. According to lawyers, last week's decision by the New York Court of Appeals has courts across the state gearing up for a flood of appeals. "It could be catastrophic," said Paul Schechtman, counsel to Manhattan District Attorney Robert Morgenthau, who added that his office will ask the court Monday to reconsider the ruling. Mr. Morgenthau said he would take the case to the U.S. Supreme Court if necessary. "I think the courts will be absolutely inundated," said Ronald Kuby, a defense lawyer who was involved in the 1989 Central Park jogger case, in which a woman was brutally beaten and raped by a gang of youths. The unanimous decision by the seven-member Court of Appeals, issued in a minor drug case, held that the defendant did not get a fair trial because he was not present while the judge spoke privately with some potential jurors during selection of the panel. These conferences, known as sidebars, allow potential jurors to tell the judge things about themselves they might be too embarrassed to say in open court. It also allows the judge to ask a juror to express an opinion that could prejudice others in the room. "These sidebars have always been commonplace in our system," Mr. Schechtman said. He said that prosecutors around the state were concerned about the ruling because it appears to be retroactive and also allows an appeal of a conviction even if the defendant did not ask to be present at a sidebar. This article is copyright 1992 The Washington Times. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM