Bias stunner

Evil kid-killer’s att’y hits black prosecutor as ‘profiler’

THE BROOKLYN man recently convicted of stabbing two children — one fatally — in an elevator should get a new trial, his lawyer says, because the black prosecutor race-baited the mostly African-American jury.

Assistant District Attorney Patrick O’Connor “repeatedly referred to the defendant’s race in both derogative and stereotypical terms” that “poisoned” the jurors in the case from day one, defense lawyers Howard Greenberg and Jonathan Rosenberg claim in a motion to overturn the jury’s verdict.

The defendant, Daniel St. Hubert, 30, was found guilty after two days of jury deliberations for killing P.J. Avitto, 6, and seriously injuring Mikayla Capers, now 11, on June 1, 2014, inside an East New York public housing elevator.

The lawyers charge that O’Connor, who is also African-American, tainted the jury by saying that St. Hubert was a “hulking black man and murder was in his DNA,” according to Greenberg.

O’Connor also described St. Hubert, sometimes as he pointed to him, as a “hulking black man” or “large black man” who was responsible for knifing P.J. 11 times and Mikayla 16 times.

These references to St. Hubert’s race were “humiliatingly derogative terms that would have made an all-white jury on the Deep South, prior to the passage of the Civil Rights Act, befittingly proud” and “played to prejudice,” the lawyers say in their request to overturn the conviction.

Greenberg and Rosenberg also take issue with O’Connor’s statements that the DNA profile found on the murder weapon matched a “male, black, large.”

In fact, DNA profiling “does not make a black man appear ‘large’ or ‘hulking’ in stature; only human profiling,” they said.

Greenberg call DNA testing “junk science” in his opening statements.

St. Hubert’s, the children’s and an incomplete profile for another person’s DNA were found on the weapon.

Greenberg argued for a mistrial after O’Connor’s opening statement, but Justice Vincent Del Giudice denied his request.

“This motion is entirely without merit, and we will respond to it in court,” a spokeman for the Brooklyn district attorney’s office said.

St. Hubert is expected to get sentenced on May 15. He faces 50 years to life in prison.

Assistant District Attorney Patrick O’Connor (r.) is accused by defense team (including Howard Greenberg, below left) of racebaiting for calling Daniel St. Hubert (below r.) — who killed P.J. Avitto (left) and stabbed his friend — a “hulking black man.”