KILLER’S LAST CHANCE
Defense takes new shot at jury errors in Vetrano-slay conviction
Defense lawyers waging a last-ditch legal war to scuttle the guilty verdicts against the convicted killer of a Howard Beach jogger raised new charges of juror misconduct to delay his Wednesday sentencing — and set up a courtroom showdown with prosecutors.
Lawyers for both sides will return to Queens court for a hearing Monday, where Judge Michael Aloise will either set aside the verdict reached earlier this month or let the convictions stand.
If the judge rules against the defense, Aloise will sentence Chanel Lewis at a Tuesday hearing where the defendant faces the possibility of life without parole.
“Have your witnesses prepared to testify,” the judge told lawyers on either side. “Between now and Monday, I want to see nothing in the press from either side.”
The dramatic turn of events came on what appeared to be a routine appearance for sentencing by Lewis, 22, found guilty in the vicious Aug. 2, 2016, attack on Karina Vetrano as she went for an evening jog near her Howard Beach home.
The defense allegation of misconduct during the jury’s five hours of deliberations was contained in a motion filed this past Monday in an effort to set aside the verdicts. The specifics of the misconduct were not made public, with neither defense lawyers nor prosecutors providing any details.
“We have received some information,” said defense attorney Robert Moeller. “Based on that information, we have filed a motion and the [prosecution] has responded.”
According to Assistant District Attorney Brad Leventhal, prosecutors filed three
affidavits from jurors of their own “that specifically deny and controvert every allegation” brought by the defense.
Defense attorneys had already argued unsuccessfully at trial that Lewis’ confession was coerced by police after his arrest.
Vetrano, 30, was killed in August 2016. Lewis wasn’t brought to trial until this past November. He was convicted earlier this month on murder and other charges after the first prosecution ended with a mistrial.
Leventhal told Aloise he was confident the guilty verdict would stand up under any additional scrutiny.
“While we believe that this court certainly could exercise its discretion and deny this motion … we believe, your honor, in the interest of justice that a hearing should be held so that this court can see, and that the public can see, that this was a valid and a good verdict,” Leventhal said.
“We’d like to do this as expeditiously as possible because the family has waited a long time for justice in this case,” he added.
Lewis, in a gray suit, white shirt and no tie, remained silent during his courtroom appearance Wednesday. He was led out in handcuffs past his mother and other supporters who shouted their support for the defendant.
“Justice for Chanel!” chanted some in the courtroom.
“Shut them up!” snapped Aloise.
His mom, Veta Lewis, accompanied by her sister, the Rev. Kevin McCall and Assemblyman Charles Barron, raised her Bible in the air in support of her son.
“They framed him,” said Lewis outside the courthouse. “I feel there is hope. Maybe it’s not today, maybe it’s not tomorrow. But it will come in the name of Jesus.”
Lewis, of Brooklyn, was convicted April 1 at his second trial for the vicious slaying of Vetrano.
In both cases, jurors heard Lewis’ confession to the killing and were told of a match between the defendant and DNA recovered from the victim’s neck and cell phone.
The Vetrano family burst into cheers when the verdict was returned, with Lewis convicted of first-degree murder, second-degree felony murder and first-degree sexual assault in a case that took months for police to unravel.
The victim’s parents, Phillip Vetrano and his wife Catherine showed no emotion Wednesday as they left the courtroom.