http://www.myfoxhouston.com/story/2...for-convicted-killer-due-to-technicalityI might understand if mommy couldn't make the trial to see her simply misunderstood baby be convicted of murder, but not able to find a seat for friggin jury selection?!?!? Gimme a break!!!!!!
By Megan Bowie, Digital Content Producer -
Daniel Floyd, nicknamed the �luckiest killer� by the NY Post, was tried, convicted, and sentenced to 15 years to life in prison after the jury found that he shot and killed a man during a dice game. His guilty verdict was overturned by New York�s highest court all because Floyd�s mother could not find a seat in the courtroom during jury selection.
According to court documents, on March 9th, 2008, Floyd and Leon Hill argued over money on the dice table. Floyd then stormed out and returned 20 minutes later and shot Hill in the neck.
On April 25th, 2013, Floyd�s trial lawyer filed a complaint to Brooklyn Supreme Court Judge Michael Gary stating that Melissa Floyd, the defendants mother, was forced to wait outside a courtroom that was packed with potential jurors. Because of this technicality, Floyd�s conviction was tossed.
�Defense counsel observed, �Certainly, as a public spectator, she has an absolute right to be present,� � the decision states according to the NY Post. �Defendants have a constitutional right to a �public trial,� � the decision goes on, adding that overcrowding does not justify courtroom closure.
�This violation . . . requires a new trial,� the judges ruled.
On Monday, Floyd returned to court in Brooklyn for a pre-retrial hearing, as did the heartbroken mother of the man he had been convicted of killing.
Linda Dixon Hill, whose son Leon was fatally shot during the gambling dispute, said �It�s very frustrating� He was found guilty by a jury [and then] the Court of Appeals overturned it.�
Floyd�s current defense attorney, Mario Romano, said they were discussing the idea of accepting a plea deal or returning to trial.
Floyd, who remains in prison, has his next court date on September 12th.
