Acting Schenectady County Court Judge Richard Giardino will decide next month the fate of a juror whose absence from court last week resulted in a mistrial in a Schenectady murder trial.
The juror, who was only identified as Juror No. 1, will hear Giardino’s decision Sept. 2 after failing to show up to court last Tuesday and Wednesday.
Contempt proceedings against the juror could result in jail time if she is found to have disobeyed the court’s order to appear.
The juror told court officials last Tuesday she could not come to court because she was sick. She promised to show up the next morning, but did not.
At that point, Giardino ordered a sheriff’s sergeant to go to her home and bring her in. She was later located and brought into court. She told the judge she didn’t come to court Wednesday because her boyfriend was injured Tuesday evening. The judge was not impressed.
The defendant in the murder trial, Emmanuel Martinez, faces one count each of second-degree murder and attempted murder, along with other charges. He could face up to 50 years to life in prison.
Martinez is accused of fatally shooting Jose “Mickey” Torres and wounding his brother Luis Gomez last year. The shooting occurred on Becker Street, where Torres lived.
The prosecutor says Martinez was embarrassed after Torres repeatedly punched him on the street earlier that day. Later in the evening, Martinez got a gun and shot Torres, police say.
Twelve jurors began deliberating last Monday afternoon. But on Tuesday, Juror No. 1 did not show up and also did not contact the court.
When officials reached her mid-morning, she said she would come in at 1 p.m. but failed to do so.
Giardino said it was the first time he could recall a juror failing to show up for deliberations.