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Juror chucked for lying about gang relations in trial
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Related Topics: REDWOOD CITY
REDWOOD CITY (Map, News) - An accused “stealth juror” who prosecutors said infiltrated the jury pool of the Faustino Ayala trial in order to throw the outcome of the high profile gang murder case was tossed for misconduct Thursday.
The unnamed woman wept and said she was misunderstood during the nearly three-hour hearing, said Chief Deputy District Attorney Steve Wagstaffe. Judge Barbara Mallach ruled that the woman had lied under oath during the jury selection process, concealing the fact that she had multiple family members in gangs, a relative in the witness relocation program, previous contact with police and a familiarity with methamphetamine.
After excusing the woman, Mallach appointed an alternate juror in her place to deliberate the Ayala’s fate. The defendant, an alleged Norteño gang member, is accused of driving a group of gang members to fatally shoot a Redwood City man in 2005.
Mallach denied a motion for a mistrial by Ayala’s defense attorney, who claimed the woman had tainted the objectivity of other jurors.
The problem with the juror came to light the previous afternoon, when the jury foreman sent a note to the judge saying the woman revealed her family gang ties and then refused to deliberate further, Wagstaffe said.
“It’s a very disturbing and dismaying thing,” Wagstaffe said. “We believe she tried to get on that jury with a purpose.”
Prosecutors haven’t decided whether to file criminal charges against the woman. Perjury is punishable by up to four years in state prison, Wagstaffe said.
“At this point, we’re focusing on a conviction in the case. We’ll assess [filing criminal charges] later,” he said.
Ayala, a 23-year-old Redwood City resident, could face life in prison without the possibility of parole if convicted in the July 12, 2005, killing of 21-year-old Francisco Rodriguez. Prosecutors say that while Ayala drove, then-14-year-old Josue Orozco gunned down the former gang member as he worked in his driveway.
Ayala’s attorneys say he was extremely intoxicated when he drove to Rodriguez’s house and believed he was traveling to a fight, not a killing.
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Examiner Reader said:
Every time Doron Weinberg opens his mouth its to distract attention from the facts in this case. Now that his best attempt to kill the case has failed, he's complaining his client has been "convicted in the media" and therefore "an objective judgment" will be impossible. Weinberg and Ayres have delayed this for long enough - its time for a jury to hear Ayres' accusers and for Ayres to explain his "exams" - which, oddly enough, were only given to boys. See who the jury believes, based on the testimony presented.
8 agree | 0 disagree
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Examiner Reader said:
Ayres will have his day in court. And there will be justice for the victims.
8 agree | 0 disagree
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Mark Winshel said:
So Judge Gatzert is actually going to allow truth and facts to be considered by the jury. However, what is wrong with him? Doesn't he realize that the primary purpose of a trial is to provide a forum and opportunity for the lawyers from both sides to engage in non stop lies, and while also inventing "reasons" and techicalities to make sure that the jury never hears the truth and the facts?
Vote on this comment: I agree or I disagree
Examiner Reader said:
the problem with psychiatry is when patients have to lie down on a couch and begin the process of unloading their minds while the male shrink is behind them with a notepad and pencil and then, sometimes not.
1 agree | 0 disagree
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Examiner Reader said:
this guy... ramirez... surprisingly was my coworker... i met him once but it was a complete surprise to all of us. We did not expect this... I guess you cant always judge a book by its cover.
4 agree | 2 disagree
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Examiner Reader said:
Yeah, I've seen those foreclosure documents and this guy is the poster child for everything that went wrong in the great American mortgage meltdown. He's a mortgage broker himself (or was) so really has no one to blame. Funny thing too.........the notice of sale doesn't show up on the SF public records search but one exists. Another bail out from the cuz.
5 agree | 3 disagree
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Examiner Reader said:
I understand that this guy has been in court more than most judges. Check the public record regarding his current mortgage in default. Even though he runs a mortgage business from his home. Check how many times he has been in small claims court. Check his police record. Ask his neighbors about him. Check to see if he has a drug arrest record. Ask the police at the Marina District Station about him. You've just scratched the surface. Every family has a black sheep and this guy is the Newsom version. No one else could get away with the things this guy gets away with.
5 agree | 4 disagree
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Examiner Reader said:
We have to discount that city employee's opinion since they all "took the test and then they rest"(City employees work ethic). The City employees are the least productive and overpaid group of people I know. you will note that he responded to this during working hours on the City payroll... However, no one should be given special treatment.
4 agree | 6 disagree
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Bill Dikant said:
This person must have a close relationship with the Infamous Patrick Kennedy, he who took "Ambien".These yahooz have more excuses than the Brothers Grimm.
5 agree | 4 disagree
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Examiner Reader said:
What else,would you expect, I been working for the city for 23 years and seen alot of this. Newsom is no different he has all that Getty money backing him. If this were anyone of us smallguys, what do you think would have happened?
4 agree | 4 disagree
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Examiner Reader said:
When it comes to legal problems it apparently works to one's advantage if related to Mayor Newsom? Like this should be noted as "surprising" behavior for this mayor?
5 agree | 4 disagree
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Examiner Reader said:
In the past, this child has always been anti-social, cried, killed an animal, displayed signs of mental illness along with his mother for years. This is nothing new for this one.If you only knew. The mother is nuts. The apple doesn't fall from the tree. He needs help and has for several years. This is no surprise with his threats. They will show up in his future years from past behaviors.Two sides to story.
3 agree | 3 disagree
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Examiner Reader said:
Makes you wonder what else have these men have robbed.. The teenager was probally cond by these men. The courts should really look into them and see what else they can find if they did it to this store there must be much more. Don't you think so?
4 agree | 3 disagree
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Examiner Reader said:
What about the people sitting in prison now that might be innocent?
9 agree | 3 disagree
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Rachel Hernandez said:
One thing about dishonest people. They are eventually caught. In this case, the corrupt cop was discovered along with his criminal friends. What do they say? Birds of a feather flock together. Criminals hang out with criminals... they are easy to spot.
3 agree | 5 disagree
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Examiner Reader said:
I wonder if all that stuff from her shopping sprees and whatnot was really worth it to her now? I don't think she can take it with her to Federal Prison. And who the heck is going to hire this woman once she is released? How on earth is she ever going to pay back the money plus restitution? It's amazing what some people think they can get away with. I think that someone (perhaps a generous designer) should donate the most hideous garb they can possibly come up with and she should be required to wear the clothing/outfits the entire time she is in prison.
11 agree | 5 disagree
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Examiner Reader said:
You cannot turn in a criminal if you set up your sting and say I'm calling you out. What a farce! If you think he did something wrong, you go through the proper channels. If anyone with an ounce of common sense believes that, I have a bridge for sale too. Yee, Mak, Gruel, Jew should all share the same jail cell.
27 agree | 16 disagree
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Examiner Reader said:
My son gets stabbed thru the heart in ssf his attacker gets 13 months my son will never be the same , This person got more time.Must of had a horrible lawyer .The lawyer should of taken the judge golfing she would of ended up with a few hours behind bars.There is no justice in San Mateo
35 agree | 42 disagree
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Examiner Reader said:
Lawyers don't commit the crimes - criminals commit the crimes. Without criminals there would be no lawyers.
66 agree | 30 disagree
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Examiner Reader said:
Our parents used to suggest to their children to "be a lawyer." Everyone we knew was saying the same thing. Now, I took an informal poll the other day and asked if sentiments were the same for our children and grandchildren. "NO!" was the answer. Interesting, isn't it? The sleazy have overwhelmed the occupation so much that nobody has any respect for them any more. They're viewed as liars and troublemakers out for ego and money.
43 agree | 44 disagree
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Examiner Reader said:
Yee tuned in a criminal to the authorities - why blame him? Why not blame the criminal? Ed Jew commited the crimes, not Yee. Jew's gonna look real cute in that orange jumpsuit.
45 agree | 48 disagree
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Examiner Reader said:
Jew's attorney is grasping at straws. No one made Jew take the dirty money except Jew himself, (and maybe his greedy wife). Gruel was brought in to clean up his mess, and now he's trying to blame the guy who helped him the most. First Fazio, then Gruel. Next he'll turn on Hanlon because he refuses to accept responsibility for his crimes.
44 agree | 32 disagree
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Barton said:
wow, and to think i trusted yee and mak to be standup folks. no more.
48 agree | 40 disagree
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Seven said:
I don't put anything past Yee and Mak. We don't need or want Chinatown corruption in the sleepy Sunset. At least Carmen Chu seems uncorrupted. Chu is exactly what District 4 needed to heal from the Jew mess. It's one of the few things I thank Newsom for doing.
53 agree | 24 disagree
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Examiner Reader said:
To blame everyone but yourself is the American way. That's why Ledger died because it is the fault of the industry. That's why we can all do bad things. It is not our fault, it is someone else.
43 agree | 35 disagree
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Examiner Reader said:
justice is seeing mak, yee, gruel (who should be de-barred) trade their clothes for prison clothes. mak you lost the supe race...get OVER it! yee and gruel...payback is going to be a bxxch for you both!
62 agree | 40 disagree
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Examiner Reader said:
Why does Ed Jew blame everyone else but himself?
44 agree | 43 disagree
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L. Amiot said:
Justice must be sought at any and all costs. Justice is not abitrary, but is based on facts and rules of law. If it costs tax money to get justice for Sgt. John V. Young, and the rest of us in San Francisco, consider that a good investment in the safety of our city. Why would anyone complain that it costs money to prosecute murderers?
53 agree | 53 disagree
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Examiner Reader said:
This was one of the worst crimes in SF history. It was simply a cold blooded murder of a good police sergeant. It was premeditated in that the perpetrators were going to kill anyone who was there. I've always thought that it was related to the ambush of Officer Richard Radetich which occured around the same time. That stated, there must be a trial and the defendants must have attorneys so pay their attorneys and get on with it. The "conflict of interest" aspect interests me: are some innocent?
51 agree | 53 disagree
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Examiner Reader said:
Hope you have kids you don't watch after. Go drop them off in the neighborhood, let's see what happens.
102 agree | 89 disagree
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Examiner Reader said:
Nice to know that Kiddies can get away with Murder and victims families won't get any justice. Justice??? WHAT'S THAT?????
94 agree | 99 disagree
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