By: Richard L. Smith
A judge in Essex County denied a mistrial request from a defense attorney after one juror formed an opinion of the case during deliberations.
The case involves suspended Newark Police officer/defendant Jovanny Crespo who is accused of shooting two men, one fatally, during a pursuit in January 2019.
At approximately 4 p.m. today, The Honorable Superior Court Judge Michael L. Ravin read the following note that was passed to him from the jury around 3:50 p.m.:
“Dear Judge Ravin, during deliberation, one of the jurors stated that they had prior knowledge of the case and has built an opinion”.
Defense Attorney Patrick Toscano immediately admonished the findings and requested a mistrial of the case.
After a conversation with both sides inside a conference room, Judge Ravin returned and ordered the jury to return on Monday to continue deliberating.
He also reminded jurors to do not discuss the case with anyone, research, or watch any parts of the case on social media or TV.
About a dozen representatives of the victims, over two dozen family and friends of the defense, and reporters from NJ.com, RLS Media and CBS 2 NYC inside the 6th floor courthouse.
Suspended Newark cop Jovanny Crespo has been suspended from the department and charged with aggravated manslaughter, aggravated assault and misconduct.
The gist of the case centered around if Jovanny Crespo was justified in firing shots -at times- at a moving vehicle on that night.
According to Assistant Prosecutor Alexander Albu, who handled the case, on Monday, Jan. 28, 2019, at approximately 11:20 p.m., Crespo shot Griffin, 46, and Andrew J. Dixon, 35, both of Newark, when the car driven by Griffin fled during a traffic stop.
Both were shot in the head. Dixon sustained serious injuries. Griffin died from his injuries at University Hospital the next day, Tuesday, Jan. 29.
Crespo was not the original officer to make the traffic stop. A female Newark police officer made the initial stop in the area of Clinton Avenue and Thomas Street.
When Griffin fled during the stop, she radioed that he was fleeing and that she saw a gun.
That led to a pursuit involving several police cars.
Crespo fired shots at the fleeing car at three separate locations. The vehicle finally stopped in the area of 54 Irvine Turner Boulevard, near Kinney Street.
No police officers were injured. No other police officers discharged their weapons.
Consistent with New Jersey Attorney General guidelines that were in place at the time of the shooting, all fatal police-involved shootings are reviewed by the Professional Standards Bureau of the Essex County Prosecutor’s Office and presented to an Essex County Grand Jury.