Liang sentencing postponed, juror questioned for potential bias

The sentencing of former NYPD officer Peter Liang, convicted of manslaughter for fatally shooting 28-year-old Akai Gurley in 2014, has been postponed to Tuesday, April 19 after reports surfaced claiming one of the case’s jurors was dishonest during jury selection.

According to reports, 62-year-old Michael Vargas failed to disclose to court officials that his father had previously been incarcerated, a factor that Liang’s lawyers felt could have swayed the verdict.

“I think we showed today that Mr. Vargas is not an impartial juror,” Peter Shechtman, one of Liang’s attorney’s, said to the press after a Wednesday, April 13 hearing. “That he’s got a strong anti-cop bias, and sad to say, I think we showed he’s not an honest man.”

According to reports, at Wednesday’s hearing, Vargas was “combative” during questioning and denied knowing for certain whether or not his father had been convicted.

Liang’s defense team also presented Vargas’ social media activity, specifically citing a photo he allegedly shared – depicting a young Vargas with his father – and more than one post criticizing police for attacking civilians; one video of an officer punching a woman; and one photo of an officer choking a woman, according to NBC.

Prosecutors are scheduled to cross-examine Vargas on Thursday, April 14 – Liang’s original sentencing date.

Liang could face up to 15 years in prison if the manslaughter conviction stands. Many Asian-American communities throughout the city have rallied behind Liang, maintaining that the shooting was an accident.

Evidence presented at the original trial established that Gurley was both innocent and unarmed at the time of the shooting, and that Liang was not under any threat that should have caused him to discharge his weapon. However, following the conviction, District Attorney Ken Thompson recommended no jail time for the Bensonhurst resident, a recommendation that angered Gurley’s family members and their supporters.

“Justice will be best served if Mr. Liang is sentenced to five years of probation, with the condition that he serves six months of home confinement with electric monitoring and performs 500 hours of community service,” Thompson said in a statement earlier this month. “Because his incarceration is not necessary to protect the public, and due to the unique circumstances of this case, a prison sentence is not warranted.”

UPDATE:

On Thursday, April 14, Justice Danny Chun denied the motion to set aside the verdict for Liang. Chun maintained that Vargas was not deliberately withholding information about his father and that he saw no sign of prejudice, according to reports.

“I am disappointed although not surprised by the decision of Judge Chun denying a mistrial in the case of Peter Liang,” said Assemblymember William Colton. “This decision was not only unfair but it missed another opportunity to correct the Injustice against Peter Liang arising from a newly elected district attorney seeking an unjustified indictment based upon political and emotional factors. ”

Liang’s sentencing has been scheduled for Tuesday, April 19.

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