The state’s court of appeals has overturned the murder conviction of Donald White from Queens after his colleague was removed from the courtroom for falling asleep.
A panel from the appellate office issued an unusual ruling last week, indicating that White’s right to a public trial was compromised. This occurred after Judge Michael Alloys dismissed a friend of White during the trial, which took place after White had been found guilty of murder, robbery, and illegal weapon possession in 2016.
The ruling noted, “Upon reviewing the records, we find the guilt verdict does not contradict the evidence.” However, it declared that the defendant deserves a new trial due to the Supreme Court’s exclusion of the public from the courtroom, which violated White’s right to a public hearing.
This decision means that White, who remains incarcerated, will face a retrial in his case.
Ron Cuby, a seasoned civil rights attorney not involved in the case, criticized Judge Alloys for removing an unnamed associate of White on the first day of the trial. “Judges are meant to serve the public, not the other way around,” Cuby remarked, emphasizing that all defendants have the right to public trials as per the Sixth Amendment.
He added, “The decorum of the court is not a valid reason to expel members of the public. Now, the trial must be revisited, and the families of the victims will have to relive their pain.”
White, at 36 years old, was charged with the murder of Henry Jenkins, a drug dealer, in St. Albans back in June 2010.
During the trial, one of White’s friends fell asleep right at the beginning of the testimony. The judge’s decision to remove him came after the judge left the room, but the appeals court noted that this action seemed premature and lacked consideration of alternative solutions.
Although the judge reversed his decision the following day, the appeals court pointed out that White’s friends might not have been aware of their welcome presence in court.
The ruling clarified, “Since there was no public present at that time, it’s hard to believe we could return to court, so the court’s errors were not effectively addressed.”
A spokesperson for the Queens District Attorney’s Office mentioned they are reviewing the implications of the ruling.
Meanwhile, Al Baker, representing the State Court Administration, which manages the court system in New York, chose not to comment on Judge Alloy’s actions or the appeals decision.
White’s legal team has not responded to requests for comment.
