Judge: Juror Dismissal Not Race Related

A State Supreme Court Judge sitting in Morristown Monday denied a claim by the defense of convicted murderer James Vaughn that the jury selection for his 2008 trial had been racially biased.

Defense lawyers Roy Greenman and Michael Fletcher argued to Judge Stuart Minkowicz that Vaughn–convicted of murdering a 72-year-old Hillairy Avenue woman and her 52-year-old daughter in 2003–had his rights violated when the only African-American person qualified to sit on his jury was dismissed during the selection process. Vaughn is black, as were the two women he was found guilty of killing in Morristown.

Ralph Amirata, a Morris County prosecutor during the 2008 trial, testified on Monday that the juror had been dismissed utilizing one of the 12 peremptory challenges allowed by law for the prosecution because of a prior Driving Under the Influence conviction. Vaughn had been heavily drinking the night of the murders, leading Amirata and his fellow prosecutor, Robert Lane, to consider it a cause for concern when selecting the jury.

Greenman argued that the State Appelate Division, which had looked at the issue, had deemed the juror qualified to be selected for the case. "To me, one DUI conviction does not equate to an alcohol problem," he said. Greenman also argued that several other jurors had claimed family members with alcohol problems. None of the selected jurors, however, had been charged with DUI convictions themselves.

John McNamara, arguing for the state, said the DUI conviction was a "race-neutral" reason for the juror to be dismissed from the case. "Mr. Greenman argues as if this juror has a right to be on this jury," McNamara said.

Minkowicz said in his ruling that this had been the first juror declared qualified to serve in the trial, and that Amirata and Lane would have not known that only one other African American man would be in the jury pool–who would have to be dismissed for cause–leading to an all-white jury.

"There would be no way for the prosecutors to know what panels were coming in," the judge said.