THE LUCKIEST ‘KILLER’ IN NEW YORK

A NY appellate court overturns a murder conviction because the killer’s mother couldn’t find a seat inside the courtroom during jury selection

On March 9, 2008, Daniel Floyd, 23, gunned down Leon Hill during a dice game in Brooklyn. The two had argued over money on the crap table. Floyd split, but returned 20 minutes later with a gun and shot Hill to death.

Floyd was tried, convicted and given a prison sentence of 15 years to life. But on April 25, 2013, the Court of Appeals, NY’s highest court, overturned the conviction because Floyd’s poor old mommy could not find a seat inside the courtroom packed with potential jurors. A panel of judges ruled that because the courtroom was packed with potential jurors, the proceedings were unlawfully closed to the public.

Here is the New York Post’s description of the ruling:

“Defense counsel observed, ‘Certainly, as a public spectator, she has an absolute right to be present,’ ” the decision states. “Defendants have a constitutional right to a ‘public trial,’ ” the decision goes on, adding that overcrowding does not justify courtroom closure.

“This violation . . . requires a new trial,” the judges ruled.

The Post called Floyd “The luckiest ‘killer’ in New York.

On Monday, Floyd was back in court for a preliminary hearing on his retrial. His next court appearance is scheduled for September 12.

When I first read about the appellate ruling I thought it was a joke. It wasn’t a joke, but the ruling sure made a joke out of our criminal justice system.