Queens Murder Conviction Overturned Due to Spectator Ejection

A Queens man’s murder conviction was recently dismissed by a state appeals court after a courtroom disruption led to a violation of his right to a public trial. The incident involved a spectator falling asleep during proceedings, prompting the judge to remove him—an action the appeals panel found inappropriate and detrimental to justice.

The appellate court ruled that although the evidence supported guilt, the judge’s decision to eject the spectator before the verdict was unfair. The ruling emphasized that the judge acted too hastily, failing to consider less severe measures like warning the individual not to doze off again. Since the judge reversed the ejection the following day, it was determined the spectator was not properly informed he could return, thereby denying the defendant a constitutionally protected public trial.

“Judicial pettiness and pettiness are not valid reasons to exclude spectators,” the court stated. “A murder case must be retried, causing undue hardship for the victim’s family, all over a judge’s reaction to a spectator dozing off.”

Donald White, 36, was convicted of killing drug dealer Henry Jenkins in 2010. During his trial, White’s friend fell asleep during the first day of testimony, prompting the judge to clear him out of frustration. Although the judge initially removed him, he reversed the decision the next day, but the appeals court argued that the friend might not have known he could return, thus violating White’s right to a public trial.

Legal experts criticized the judge’s earlier decision, stating that courtroom decorum should emphasize warnings over removal. The ruling signifies White will be granted a new trial, while authorities review whether the initial misconduct warrants disciplinary action or further review.