We all wait in our careers for that Perry Mason moment that never comes in a trial . . . when someone stands up in the court and screams “Yes, I did it!” One lawyer in the trial of Earl Berry, 40, came close in a real plot twist. On the second day of the trial, a juror announced she had previously seen the defendant . . . dragging the victim across a bridge.
Judge Thomas Breslin declared a mistrial after Juror No. 8, a nurse in her 40s, finally recognized the defendant and said “I was actually driving home and saw him dragging her down the bridge — and he gave me the dirtiest look. I said, ‘Where is he going with this?’ ” She said that she recalled the incident because Berry because “he looks like my cousin.”
Assistant District Attorney Carmen Warner now intends to call the juror as a witness.
Berry is accused of raping the 31-year-old woman. In a second incident, Berry assaulted the women — the incident witnessed by the juror. He could now received 25 years.
My guess is that the defense attorney now wishes he had used that strike on Juror Number 8.
Source: Times Union