Brooklyn, NY - A juror who single-handedly caused a mistrial
last week in a case involving a Hasidic defendant, has dropped a
bombshell—-saying that anti-Semitism among jurors was openly discussed before
the trial even began.
NEW YORK DAILY NEWS Reports that the defendant
in trial was 29 year-old Alexander Rogalsky of Brooklyn, who faced the
decade-old charge of sodomizing a 12 year-old boy.
When speaking about her fellow jury member’s behavior, the
51 year-old woman said, “They were saying he was guilty before the trial even
started. There was a lot of talk about the Jewish religion and one girl said it
was a ‘Jewish trial’”.
Michael Farkas, a defense attorney who represented convicted
counselor Nechemia Weberman, said the juror’s admission validates long-standing
claims among defense attorneys that Hasidic defendants are inherently targeted
for bias because of their distinct look and dress, said, “When an obviously
Orthodox Jewish defendant goes on trial, (he’s) facing a subconscious
prejudice.”
Rogalsky stood accused of sodomizing the boy after
establishing a relationship with him when he worked as a counselor at a summer
sleep-away camp in 2003.
The victim, now 22, testified against Rogalsy at trial, and
prosecutors even presented an audio tape between the boy and Rogalsky in which
Rogalsky did not deny the criminal act, but the lone juror was not convinced
Rogalsky was guilty of a sex crime.
“It seemed something did happen between them,” the holdout
said, “but there wasn’t enough evidence.”
A spokesman for DA Hynes’ office said the evidence was
strong, and that the DA plans to re-try Rogalsky.
Hynes, who has been accused in the past of pandering to the
Orthodox community by withholding the names of alleged Orthodox sex-offenders,
established an independent system for prosecuting Hasidics accused of
sex-crimes, which includes testimony at trial by an expert who explains to the
jury that Hasidic victims of sex-crimes often shy away from coming forward due
to pressure from within the community.
Such an expert testified in the Rogalsky case.
The lone holdout said she has attempted to contact
Rogalsky’s defense team with the advice that Rogalsky “look less religious” for
the next trial.
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