Deception by Juror Voids a Murder Conviction

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LOS ANGELES (AP) — A federal judge on Friday overturned the conviction of a man on death row for the rape and murder of a woman outside an Orange County bar because of statements made by a prospective agent for the Federal Bureau of Investigation that allowed him to get on the jury.

The judge, Consuelo B. Marshall of Federal District Court, overturned the conviction of the man, Richard R. Ramirez, because the jury foreman, who was a candidate to become an F.B.I. agent, made “false and misleading” statements about his employment situation during jury selection in the 1985 trial.

The juror, Thomas Alston, is now an F.B.I. agent. Judge Marshall said Mr. Alston’s behavior “fatally undermines the court’s confidence in his impartiality.”

Mr. Alston declined to comment on the case.

Judge Marshall ordered that Mr. Ramirez either be released from death row at San Quentin or be granted a new trial.

NY Times