02/11/07 (CT):
Defendant Says Guilty, Jury Says Not
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In a case that dramatically shows the independence of a jury, a defendant, having given sworn testimony of guilt was eventually found not guilty by the jury.
The defendant, Tricia Coccomo, 33, had admitted to two drugs charges on the witness stand under questioning from her attorney. However, she was on also on trial for manslaughter, following a drink drive accident. She was later found guilty of manslaughter, but not guilty on the drug charges.
"How often does a lawyer admit a client's guilt and get a not guilty verdict?" said Coccomo's attorney, Michael Sherman.
The acquittals may have little practical effect on Coccomo's future. The drug charges carried just three years in prison combined. The charges for which she was convicted - three counts of second-degree manslaughter with a motor vehicle - carry a maximum sentence of more than 45 years.
But the verdict shows how independent juries can be, even ignoring evidence out of sympathy for the defendant or make a statement about an arcane or silly law. This case probably involved a little of both.
Jurors in Coccomo's case gave several reasons for their decision not to convict her on charges of possession of marijuana and possession of a prescription painkiller outside its original bottle. The three jurors who agreed to be interviewed for this story said the drug charges had little to do with the fatal crash.
Urine tests turned up no trace of marijuana or any other drug in Coccomo's system the night of the accident, the jurors said.
Blood tests revealed Coccomo had a blood-alcohol level more than twice the legal limit when her BMW veered onto the wrong side of Long Ridge Road and smashed into a convertible, killing the driver and his two passengers.
"It just wasn't relevant to the case at hand," said one of the jurors, who wished to remain anonymous.
The same juror said the group agreed not to punish Coccomo for possessing only a tiny, months-old portion of a marijuana cigarette.
David Essertier, an alternate juror, said the law banning the possession of prescription drugs outside their bottle seemed "very, very arbitrary."
© X-Pro 2007
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