This case is being heard in the Criminal Term of the Supreme Court of Kings County. The plaintiff of the case is the People of the State of New York. The defendant of the case is George Whitmore Jr. The Justice overseeing the case is David L. Malbin.
On April 23, in 1964, a woman who worked as a nurse at a hospital in Brooklyn was on her way home when she was allegedly attacked by a man who tried to rape her. A New York Sex Crimes Lawyer said she defendant was arrested the next morning and identified by the victim as her assailant.
This case was given widespread media coverage relating to the assailants apprehension. It is also worth mentioning that the defendant was charged with three unrelated murders as well.
In May of 1964, the defendant was indicted for attempted rape, assault, and the intent to commit the crime of rape. His trial was held in November and the jury returned with a guilty verdict for all of the crimes. A New York Sex Crimes Lawyer said the defendant was then committed to the Kings County Hospital for a probation report and psychiatric examination. His sentencing in the case was set for the 11th of January, 1965.
This application was made on the seventh of January, 1965 and the defendant’s sentencing is pending the determination of this case. This application is for the verdict of the jury to be set aside and a new trial to be held. The grounds for this motion include that the verdict is contrary to the law, that sections of the Code of Criminal Prosecution were violated, which deprived the court of jurisdiction, the constitutional rights of the defendant were violated, the defendant did not receive a fair trial because of misconduct by the jury, and it is newly discovered that the district attorney withheld evidence that may have been favorable to the defendant.
Court Discussion and Determination
When reviewing the facts of the case we feel that the matters brought forth in the application have merit. A Nassau County Sex Crimes Lawyer said the verdict brought against the defendant violated his rights and were prejudiced. It is felt that the jury was guilty of prejudice and misconduct throughout the case.
Additionally, the court has determined that the press coverage of this case contributed to the hostility surrounding the trial of the defendant. There was a lot of controversy that surrounded the case among the bar associations, judiciary, and the representatives from the press that concern the problem of fair dissemination of news that is related to the trials of those that have been accused of a crime.
This court feels that the defendant was deprived of the due process of the law. For this reason under the Code of Criminal Procedure section 465 it is within the power of this court to exercise discretion and to grant the relief that the defendant is seeking in this matter. A Queens Sex Crimes Lawyer said every person is allowed a trial that is fair and in this case the defendant did not receive this.
After careful consideration and a considerable amount of deliberation the court concludes that the only option in the interest of justice is to grant a new trial for the defendant.
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