Brooklyn court split on question of whether t-shirts worn in court unfairly impacted jury
A Brooklyn appeals court was split in its decision on whether or not t-shirts worn with the victim’s image improperly influenced a jury sufficient to warrant the reversal of a conviction. A majority of the justices agreed that such gestures can have the ability to unduly influence a jury, but split on the particular circumstances as to when such improper influence occurs.
The Appellate Division, Second Department, held that the 2008 conviction of Joel Nelson for the killing of Leo Walton and mortal wounding of Walton’s roommate Mark Maldonado can stand, even though Walton supporters wore shirts bearing the deceased’s picture and the words “Remember Leo Walton” or “Remembering Leo Walton.” One justice disagreed.
At the 2008 Brooklyn trial, Joel Nelson was accused of entering Walton’s apartment—after being invited by the deceased—and killing Walton and then following Maldonado into a bedroom and firing four shots. Nelson claimed self-defense.