(CN) – A sleepy-eyed juror did not open the door for a new trial in the case of a woman whose knife-wielding son was gunned down by police, a New York appeals court ruled.
Jennifer Moore sued New York City after her son was shot and killed by Detective James Moss. Her son failed to drop his knife and instead charged at police officers before the shooting.
The trial court ruled for police, and Moore appealed, complaining that one of the jurors closed his eyes three times during the trial and appeared to be sleeping.
But the justices of the 2nd Appellate Division in Brooklyn ruled that Moore was not entitled to a new trial.
“The court made a sufficient inquiry of the subject juror to ascertain that the juror heard the testimony and thus, was qualified to render a verdict,” they wrote.
“Based upon that inquiry, as well as the court’s own close observations of the juror, its decision to allow the juror to continue to serve and render a verdict was a provident exercise of discretion.”