Former New York Yankee Jim Leyritz DUI Trial: The Aftermath
Now that the trial has concluded, we know what the main issues were - whether Leyritz ran a red light or otherwise contributed to the death of the victim, Ms. Veitch, and whether he was operating a motor vehicle under the influence of alcohol. Attorneys know that jurors do not always follow the instructions of law given to them by the Judge, and consequently, we are always intrigued by what jurors think of the witnesses and evidence presented and how jurors make their decisions – this is the most important consideration when preparing our cases for trial.
It was interesting to read what some of the jurors had to say after the trial It now appears that the jurors were never deadlocked on the DUI manslaughter charge; rather, they could not agree on whether Leyritz was driving under the influence. As reported by CNN, Jury foreman Brian Haul stated that, while all six jurors agreed Leyritz was not guilty of DUI manslaughter, they felt compelled to hold him responsible on some grounds. "Are we going to go in front the public and say it's OK to have four or five drinks within an hour or so period of time and then hit the road? I think that was the deciding factor."
Not that we disagree with Haul’s reasoning, but if the jurors believed the evidence that Leyritz’s blood alcohol content was .08 or higher, they had no choice but to convict Leyritz in accordance with the jury instruction. If they did not believe that the blood test was accurate, the jurors would have to acquit Leyritz of the DUI charge. Although evidence that Leyritz’s “normal faculties were impaired” is enough for a conviction under the statute, the Judge found as a matter of law that there was insufficient evidence of impairment, and dismissed that part of the case.
Another juror wanted to acquit Leyritz of the lesser DUI charge, but changed her mind to avoid a hung jury (even though the jurors could have acquitted Leyritz of DUI manslaughter regardless of the deadlock on the DUI charge). Again, we have a juror that voted to convict Leyritz, even though she felt there was not enough evidence to do so.
In the end, Leyritz dodges a bullet, and faces minimal penalties, compared to what he was facing with the DUI manslaughter charge.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.