Shooter's brother can view juror photos
Says one on panel tied to prosecutor
The state's high court cleared the way yesterday for an unusual action in a Brockton shooting case, ruling that the brother of the shooter can look at photos of female jurors so he can identity one he says had ties to the prosecution.
The ruling by the Supreme Judicial Court grew out of the conviction of Tari Richardson for shooting three times at, but not hitting, a Brockton police officer working a paid detail in 2007. The case was tried in Plymouth Superior Court in Brockton in 2008.
When jurors convicted Richardson, he surged toward them and had to be restrained by a handful of court officers and police officers who wrestled him to the ground. His family also shouted at jurors, according to court records.
Yesterday, the SJC gave Richardson's lawyer the right to get photographs of female jurors and show them to Richardson's brother, who said after the conviction that he overheard a female juror admit an indirect tie to prosecutor Daniel Hourihan.
Richardson's lawyer, John S. Redden, said the procedure is unusual. While jurors are occasionally called back by the courts to discuss their verdict, Redden said he knows of no other time where photographs of female jurors will be reviewed by a defendant's relative.
"We will go ahead with that and hopefully as expeditiously as possible," Redden said. "In my experience, it's unusual. "
The court unanimously rejected a request by Plymouth District Attorney Timothy J. Cruz to block the defense request. The SJC said Cruz was premature to ask the SJC to get involved.
The SJC said the trial judge has agreed to the review of the photos, 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 SJC said the Brockton case is narrowly drawn and based on unusual circumstances.
In a statement, Cruz denounced the SJC's conclusion. "The situation presents a clear and unnecessary risk to the safety of jurors," Cruz said.
Richardson's brother said 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 jurors had to be escorted to their cars by police after the verdict.
"The family, in particular, was shouting in anger at the jurors," Thompson said.
Thompson said that if Richardson's family is given access to juror information, even photographs with all identifying information deleted, the jurors could be in danger. "They could intimidate or threaten or take revenge or any of those things," Thompson said.
But Redden dismissed fears of violence being directed toward the jurors.
"I can understand the emotions on both sides," he said, pointing out that Brockton police officers attended the trial in large numbers. "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."
