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Court OK's photos of jurors to be shown to relative of convicted shooter

E-mail|Link|Comments () June 11, 2009 11:12 AM

By John R. Ellement, Globe staff

When jurors convicted Tari Richardson for shooting at a Brockton police officer, he surged toward the 12 jurors and was only prevented from smashing into them by a handful of court officers and police officers who wrestled him to the ground.

Today, the state’s high court gave Richardson’s defense attorney the right to collect photographs of the jurors and show them to Richardson’s brother, who claimed after the conviction that he overheard a female juror admit an indirect tie to the prosecutor, Daniel Hourihan.

In a unanimous ruling, the Supreme Judicial Court rejected a request by Plymouth County District Attorney Timothy J. Cruz to block the defense effort. The SJC said Cruz was premature to ask the SJC to get involved. The SJC said the trial judge has agreed to the plan, but stressed that it has not yet taken place.

Until it does, the SJC said in an unsigned ruling, the matter should remain in the hands of Plymouth Superior Court Judge Jeffrey Locke.

“The Commonwealth does not argue that there is a systemic problem regarding post conviction inquiries of jurors or that the judge's fact-specific decision in this case will have any kind of wide-ranging impact,’’ the court said. “The judge's ruling in this case allowed only for a preliminary step to be taken…’’

Richardson’s brother claimed he overheard a female juror tell another juror that Hourihan was the brother or the cousin of her employer. Hourihan said in court papers he does not have a blood relative living within 100 miles of the courthouse.

In his oral argument to the SJC, Plymouth County Assistant District Attorney Robert C. Thompson said Richardson and his family – including his brother – erupted in a wave of anger at jurors after they convicted the then-22-year-old on armed assault with intent to murder, among other charges in the 2007 shooting.

“The family in particular was shouting in anger at the jurors,’’ Thompson said. “At that time, the court deemed to jury safety to be significant enough that he asked they be escorted to their cars by the police officers.’’

Thompson said that if Richardson’s family is given access to jurors – even photographs with all identifying information deleted – they could be placed in danger. “They could intimidate, or threaten or take revenge or any of those things,’’ Thompson said.

In the same hearing, Richardson’s attorney, John S. Redden, said the prosecutors’ fears were overstated. He also noted that during the trial, the courtroom was often filled with police officers, who were showing support on behalf of their wounded colleague.

“The case has carried a lot of emotions,’’ said Redden, who represented Richardson at the trial in the Brockton courthouse. “I can understand the emotions on both sides, but from a logical perspective, I don’t think there is a basis for anyone to say there is any realistic risk of danger to anyone.’'