NOT !!!!
08-27-2002, 03:58 PM
#11
Here's your press....
The Associated Press State & Local Wire
The materials in the AP file were compiled by The Associated Press. These materials may not be republished without the express written consent of The Associated Press.
August 27, 2002, Tuesday, BC cycle
6:31 PM Eastern Time
SECTION: State and Regional
LENGTH: 628 words
HEADLINE: Mistrial declared in strip club death, re-trial planned
BYLINE: By JOHN CURRAN, Associated Press Writer
DATELINE: MAYS LANDING, N.J.
BODY:
A mistrial was declared Tuesday in the murder case against an Atlantic City strip club bouncer accused of beating a customer to death.
After about three days of deliberations, jurors were deadlocked on murder but voted to convict Tamer Shahid, 26, of aggravated assault and conspiracy in the death of investment banker Peter Westra.
But Superior Court Judge Michael Connor, citing the prosecutor's concerns about potential double jeopardy, refused to officially enter the verdicts.
Connor declared a mistrial on the murder count and put off a decision about the other two charges until Sept. 12. In the meantime, Connor asked the prosecutor and defense to submit briefs. Assistant Atlantic County Prosecutor Murray Talasnik said the state would seek to try Shahid again for murder, despite the defense's contention that Shahid never hit Westra and was being framed by four other club employees charged in the case.
He told Connor that entering the verdicts might compromise such a prosecution and expose Shahid to double jeopardy, trying him twice for charges stemming from the same incident.
"The fact that they didn't return a verdict on murder or any of the homicide counts is a victory," said defense attorney Joel Mayer.
The eight-woman, four-man jury had been given the options of convicting Shahid on lesser charges of aggravated manslaughter and reckless manslaughter.
The July 8, 2001, death of the 24-year-old Deutsche Banc Securities Inc. investment banker came as he was attending a bachelor party at Naked City, a strip club near the Atlantic City boardwalk, with 12 former college friends.
After being ejected from the club for allegedly groping dancers, Westra tried to force his way back in, according to witnesses in the two-week long trial.
He was knocked to the sidewalk by Shahid and four others, who kicked him in the head, torso and legs, according to prosecutors. Naked City's owner, manager and two other bouncers are awaiting trial on aggravated assault charges.
His blood alcohol content was nearly .21 when he died, but played no part in his death, according to a coroner who testified.
Shahid, an Egyptian national who had been hired three weeks before the incident, was identified by two eyewitnesses as the man who repeatedly kicked Westra in the head as he lay on the sidewalk outside the club.
If convicted of aggravated assault and conspiracy, he could face 5 to 10 years in prison. He remains jailed on $350,000 bail, pending a decision on the pending counts.
The victim's father, Mark Westra, said Tuesday he was disappointed in the verdict but accepted it.
"This has been a tremendous ordeal for our family," he said outside court, standing with his wife, Mary, and daughters Ann and Carolyn at his side. "We're disappointed it's not over. We thought Murray did a wonderful job in his prosecution and I thought the evidence was overwhelming. We don't know what the jury might have seen as their problems."
The panel told the judge earlier Tuesday that they were unable to reach a verdict, but Connor sent them back to work, noting that until that point, their deliberations amounted to less than one day's worth.
"Further deliberations are futile," they told him a note five hours later. "Jurors on both sides have stated nothing will change their minds."
It was unclear Tuesday what effect the outcome would have on the cases against the other defendants.
"My client continues to maintain his innocence, notwithstanding whatever this jury did or did not do," said attorney Theodore Housel, who represents former Naked City manager Michael Morton. "Although he does feel sorry for the plight of the victim's family having to go through this, we do maintain our innocence."
GRAPHIC: AP Photo
LOAD-DATE: August 27, 2002
The materials in the AP file were compiled by The Associated Press. These materials may not be republished without the express written consent of The Associated Press.
August 27, 2002, Tuesday, BC cycle
6:31 PM Eastern Time
SECTION: State and Regional
LENGTH: 628 words
HEADLINE: Mistrial declared in strip club death, re-trial planned
BYLINE: By JOHN CURRAN, Associated Press Writer
DATELINE: MAYS LANDING, N.J.
BODY:
A mistrial was declared Tuesday in the murder case against an Atlantic City strip club bouncer accused of beating a customer to death.
After about three days of deliberations, jurors were deadlocked on murder but voted to convict Tamer Shahid, 26, of aggravated assault and conspiracy in the death of investment banker Peter Westra.
But Superior Court Judge Michael Connor, citing the prosecutor's concerns about potential double jeopardy, refused to officially enter the verdicts.
Connor declared a mistrial on the murder count and put off a decision about the other two charges until Sept. 12. In the meantime, Connor asked the prosecutor and defense to submit briefs. Assistant Atlantic County Prosecutor Murray Talasnik said the state would seek to try Shahid again for murder, despite the defense's contention that Shahid never hit Westra and was being framed by four other club employees charged in the case.
He told Connor that entering the verdicts might compromise such a prosecution and expose Shahid to double jeopardy, trying him twice for charges stemming from the same incident.
"The fact that they didn't return a verdict on murder or any of the homicide counts is a victory," said defense attorney Joel Mayer.
The eight-woman, four-man jury had been given the options of convicting Shahid on lesser charges of aggravated manslaughter and reckless manslaughter.
The July 8, 2001, death of the 24-year-old Deutsche Banc Securities Inc. investment banker came as he was attending a bachelor party at Naked City, a strip club near the Atlantic City boardwalk, with 12 former college friends.
After being ejected from the club for allegedly groping dancers, Westra tried to force his way back in, according to witnesses in the two-week long trial.
He was knocked to the sidewalk by Shahid and four others, who kicked him in the head, torso and legs, according to prosecutors. Naked City's owner, manager and two other bouncers are awaiting trial on aggravated assault charges.
His blood alcohol content was nearly .21 when he died, but played no part in his death, according to a coroner who testified.
Shahid, an Egyptian national who had been hired three weeks before the incident, was identified by two eyewitnesses as the man who repeatedly kicked Westra in the head as he lay on the sidewalk outside the club.
If convicted of aggravated assault and conspiracy, he could face 5 to 10 years in prison. He remains jailed on $350,000 bail, pending a decision on the pending counts.
The victim's father, Mark Westra, said Tuesday he was disappointed in the verdict but accepted it.
"This has been a tremendous ordeal for our family," he said outside court, standing with his wife, Mary, and daughters Ann and Carolyn at his side. "We're disappointed it's not over. We thought Murray did a wonderful job in his prosecution and I thought the evidence was overwhelming. We don't know what the jury might have seen as their problems."
The panel told the judge earlier Tuesday that they were unable to reach a verdict, but Connor sent them back to work, noting that until that point, their deliberations amounted to less than one day's worth.
"Further deliberations are futile," they told him a note five hours later. "Jurors on both sides have stated nothing will change their minds."
It was unclear Tuesday what effect the outcome would have on the cases against the other defendants.
"My client continues to maintain his innocence, notwithstanding whatever this jury did or did not do," said attorney Theodore Housel, who represents former Naked City manager Michael Morton. "Although he does feel sorry for the plight of the victim's family having to go through this, we do maintain our innocence."
GRAPHIC: AP Photo
LOAD-DATE: August 27, 2002
08-27-2002, 05:30 PM
#15
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Thanks. Yeah, it was a shocker for the prosecutor (who was my boss)...
Call me sick, but I enjoy being in an underdog role. The early press reports were fairly accurate - I didn't have any evidence or any experts so my whole case was the cross examination of the State's witnesses and a closing argument. I'll pick it apart another time and find many serious flaws but, for now, it did the job.
For the record, I am as sorry for Mr. Westra's family as anyone else and felt very uncomfortable from time to time being on the "other side".
For the record, I am as sorry for Mr. Westra's family as anyone else and felt very uncomfortable from time to time being on the "other side".
08-27-2002, 05:39 PM
#17
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I can only address that issue as follows....
This case was very difficult for many reasons, not the least of which was the fact that it was against my old office, old boss, and one of my best friends (the lead homicide investigator).
If I didn't believe in him, I wouldn't have accepted the case. My firm lost tens of thousands of dollars on the case because they couldn't afford to pay what the case truly cost so I surely didn't do it for the money.
Might I be wrong? Might he have been more involved? I don't know. I know that I still believe in him and that I still refuse 9 out of 10 prospective criminal clients simply because i don't believe them.
I feel awful for the victim's family and made a point of not attacking him during the trial.
It'll be a while before my next murder case (aside from this retrial - maybe).
If I didn't believe in him, I wouldn't have accepted the case. My firm lost tens of thousands of dollars on the case because they couldn't afford to pay what the case truly cost so I surely didn't do it for the money.
Might I be wrong? Might he have been more involved? I don't know. I know that I still believe in him and that I still refuse 9 out of 10 prospective criminal clients simply because i don't believe them.
I feel awful for the victim's family and made a point of not attacking him during the trial.
It'll be a while before my next murder case (aside from this retrial - maybe).
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