The legal team representing the former New York Police Department Officer, Peter Liang, who was found guilty to manslaughter charge for fatally shooting an unarmed man in Brooklyn, is seeking a retrial. The lawyers filed the said new motion Tuesday.
According to the New York Times, the representing lawyers for Peter Liang are asking the court for retrial after they found out that a juror lied during jury selection regarding his father's criminal past conviction. Michael Vargas, the 62-year old juror, told the court that nobody in his close family had been accused of a crime, according to the defense filing.
Vargas, seated on the jury selection for Liang, who was sentenced with up to 15 years in prison after he was convicted of manslaughter in the November 2014 slaying of Gurley, 28. He criticizes the recommendation of the Brooklyn district attorney Ken Thompson of probation instead of prison term, calling it, "a slap on the wrist."
The Wall Street Journal reported, on his interview to the Daily News, Vargas stated he was surprised of the said recommendation. The news article also noted that Vargas' father served seven years over in prison for accidentally shooting a friend. The juror also verified that he spoke with Daily News and admitted his father was convicted to manslaughter charge 40 years ago.
However, Vargas said he can't recall if he was asked by the court if anyone in his family has criminal records. He was told regarding the retrial, he said, he did what he was supposed to do. "I don't feel like I did anything wrong," he added.
Paul Shechtman and Gabriel J. Chin wrote in their latest court filing stating "His misconduct denied Mr. Liang the right to an impartial jury and requires a new trial in this case," NBC News quoted. The lawyers added, the juror deliberately lied in order for him to secure a place on the jury.
Last month, Brooklyn District Attorney Kenneth Thompson recommended Liang be sentenced to five years' probation, including six months' house arrest.
