People v. Rukaj

In People v. Rukaj, 123 A.D.2d 277 [1st Dept 1986]) during the course of deliberations the jury sent a note to the judge indicating a verdict could not be reached "because of speculations and biased feelings" (id. at 279). The court refused to conduct an inquiry into the matter and instead "further highlighted the racial issue by a supplemental charge which was insufficient to appropriately address the issue" (id.). The Appellate Division, First Department, held: "at this point the Trial Judge should have conducted an inquiry into the nature of the jury's 'speculations and biased feelings.' The court had a clear obligation to respond to the jury note and at that juncture should minimally have questioned the jurors At such hearing or inquiry, the complaining juror could be examined and cross-examined closely as to the validity of her allegations with the party against whom the biased is allegedly based and the other jurors having an opportunity to respond. If, after thorough examination, the complaining juror's claim that she was coerced into abandoning her position by reason of another juror's harassment survives scrutiny and is established, it would demonstrate that invidious racial bias and prejudice permeated this jury's deliberations so as to deprive this defendant of a fair trial" (id. at 279, 280-281).