Conroy jury deliberations: What's happening now

A copy of a photograph of Jeffrey Conroy

A copy of a photograph of Jeffrey Conroy from 2008 Patchogue-Medford High School yearbook.

The jury in Jeffrey Conroy's murder and manslaughter trial continued its second day of deliberations Thursday in State Supreme Court in Riverhead.

Conroy, 19, of Medford, is accused of the Nov. 8, 2008, stabbing death of Ecuadorean immigrant Marcelo Lucero, 37, near the Patchogue train station.

He has pleaded not guilty to charges of second-degree murder and first-degree manslaughter, as hate crimes, among multiple other charges.

 

 

5:05 p.m. Lucero family didn't expect quick verdict

 

After the jury was sent home for the night, supporters of the Lucero family said the slain man's relatives did not expect a quick decision from the panel.

"We didn't expect to have a verdict in a day or two or three," Fernando Mateo said. "We would not be surprised if the deliberations went into next week."

The Rev. Allan Ramirez, a spokesman for the family, said Rosario Lucero, Marcelo's mother, sympathizes with the families of Conroy and the other six teenagers who were accused in the attack on her son, because the teens are so young and face prison terms.

"All of us may talk about forgiveness," Ramirez said. "She's had to live forgiveness."

Lucero's family did not speak to reporters.

"They want to wait to see what the verdict is before they tell you their reaction," Mateo said.

 

 

4:50 p.m. Jury breaks for the day

 

After reading the definition of second-degree murder, one of the top charges facing Conroy, State Supreme Court Justice Robert W. Doyle sent jurors home.

They are to return to the courthouse at 9:30 a.m. Friday.

"We've gone beyond our normal break time. We're going to recess for the evening," Doyle told the jury shortly before 5 p.m. "You worked hard today. Go home and have a nice night."

With Marcelo Lucero's mother Rosario, sister Isabel and brother Joselo sitting in the center of the third row, Doyle read the definition of second-degree murder. The jury had asked Doyle late Thursday afternoon to read the definition.

Conroy also is charged with second-degree murder as a hate crime, first-degree manslaughter as a hate crime and first-degree manslaughter, among other charges.

Jurors deliberated more than seven hours Thursday. On Wednesday, the panel also deliberated more than seven hours.

 

 

4:45 p.m. Jury requests reading of testimony

 

The jury sent a note asking for testimony to be read.

It was not immediately known what testimony the panel requested.

 

 

4 p.m. Lucero family sitting in courtroom

 

The family of Marcelo Lucero entered the third-floor courtroom and sat down after walking slowly past television and newspaper cameras, accompanied by the Rev. Allan Ramirez and other supporters.

It was not clear why Lucero's mother, Rosario, sister, Isabel, and brother, Joselo, were there.

No note had been received from the jury indicating that the panel had reached a decision.

State Supreme Court Justice Robert W. Doyle was not in the courtroom, nor was Jeffrey Conroy, his attorney William Keahon, or his father, Robert Conroy.

Prosecutors had returned to their offices after the jury heard a readback of testimony by Angel Loja, Lucero's friend who was with him on the night he was stabbed.

 

 

3:30 p.m. Ramirez: Lucero family wants murder hate-crime conviction

 

The Rev. Allan Ramirez, a Lucero family spokesman, told reporters that anything less than a murder conviction would be an "insult" to Lucero's mother, brother and sister.

"They would be extremely disappointed if the verdict was not murder as a hate crime," Ramirez, an activist minister who is pastor of Brookville Reformed Church in Brookviklle, said in a third-floor hallway near the courtroom. "It would be to them adding insult to the pain they already have."

He said Lucero's mother, Rosario, was crying when he spoke to her earlier Thursday.

"Whatever the verdict will be will not bring her son back," Ramirez said.

 

 

3:26 p.m. Jurors hear Angel Loja's account of attack

 

At the request of the jury, a court reporter read a portion of the testimony of Lucero's friend, Angel Loja, of Patchogue.

Loja testified he and Lucero were attacked by seven teenagers on Nov. 8, 2008, but said he did not see Lucero get stabbed.

He described a bleeding Lucero walking a circuitous route from a parking lot near the Patchogue train station to the house of a friend on nearby Funaro Court

He said blood spurting from Lucero sounded like water gushing from a faucet.

Jurors had asked to hear the prosecution's questioning of Loja from when he said he and Lucero first encountered the teens on Railroad Avenue, to after Lucero was stabbed, when police asked Loja to identify the teens after they were stopped by police a few blocks away at Main Street and Ocean Avenue.

 

 

3:05 p.m. Jury sends another note

 

A note from the jury was received by the court.

Its contents were not known. It did not concern a verdict, court sources said.

 

 

2:22 p.m. "Physical injury" definition requested

 

A note from the jury requested the definition of "physical injury, as related to serious physical injury."

State Supreme Court Justice Robert W. Doyle, after reading the definition, told the panel, "I hope this definition will help you in reaching a verdict in this case."

To prove first-degree manslaughter, prosecutors must show Conroy intended to cause serious physical injury when he stabbed Lucero.

Alternate juror Joyce Duck of Port Washington, who was dismissed Wednesday with three other alternate jurors, was in the courtroom when Doyle responded to the jury's note.

As jurors entered the jury box, one of them exchanged nods with Duck.

After her dismissal Wednesday, Duck, a retired schoolteacher, said she was undecided about Conroy's innocence or guilt.

"It's just a hard thing," Duck said in that interview. "I don't think I would have said murder. I don't think he intentionally went out to kill anybody that night."

The jury resumed deliberating at about 2:25 p.m.

 

 

2 p.m. Jury sends another note

 

The Conroy jury sent another note to State Supreme Court Justice Robert W. Doyle.

It was not to announce a verdict. The contents of the note were not immediately known.

 

 

1 p.m. Jury apparently taking lunch break

 

After about three hours of deliberations, jurors appeared to be on a lunch break.

Typically, jurors eat lunch in the courthouse, though it is not known where they were eating lunch on Thursday.

They may deliberate over lunch, but they don't have to.

Reporters and news photographers waiting outside the courtroom munched on sandwiches or salads, or worked on laptop computers.

 

 

11:25 a.m. Jury asks to see Conroy's statement to cops, again

 

The judge read three notes from the jury asking to hear testimony from an assault victim and to see photographs of another victim.

The jury also asked to see Conroy's statement to police and to hear the definition of "acting in concert."

It was the second time in two days the jury asked to see Conroy's statement, in which prosecutors say he admitted stabbing Lucero and attacking three other Latino men.

Jurors wanted to hear readback of the prosecution's questioning of Hector Sierra, 57, of Patchogue, who testified he was kicked and beaten by a group of youths on Nov. 8, 2008, in Patchogue.

The panel also wanted to see photographs of Octavio Cordova of Medford who testified he was knocked unconscious by youths outside a Medford gas station on Nov. 3, 2008.

Prosecutors say Conroy was involved in both attacks. In his statement to police, he used the first-person plural "we" as he admitted being involved in assaulting both men, prosecutors said.

Neither Sierra nor Cordova was asked to identify Conroy in court.

The readback concluded at about 11:53 a.m.

 

 

11:06 a.m. Note to the judge

 

The judge received a note from the jury.

The contents of the note were not known, but it was not about a verdict.

 

 

10:19 a.m. Questions about legal definitions

 

The judge hearing the trial read a note from the jury asking to hear the definitions of two attempted assault charges.

The note said jurors wanted to hear the definitions of second-degree attempted assault and third-degree attempted assault, Justice Doyle said.

In addition to those charges, Conroy is charged with second-degree attempted assault as a hate crime and third-degree attempted assault as a hate crime.

The four charges are in connection to alleged attacks on three Hispanic men - two in Patchogue on Nov. 8, 2008, the night Marcelo Lucero was killed, and one in Medford on Nov. 3, 2008.

It took Doyle about six minutes to read the definitions. The jury resumed deliberating at about 10:25 a.m.

 

 

9:50 a.m. Jury begins deliberating

 

The jury has begun deliberating, according to court officers.

The panel's first order of business Thursday was to clarify a note it sent late Wednesday afternoon to Doyle asking for the legal definition of second-degree attempted assault.

Doyle said the note asked twice for a definition of the charge.

He was expected to read the definition of the charge - or charges - to jurors Thursday morning.

 

 

9:25 a.m. Jurors spotted outside courthouse

 

Shortly before they were to report to the first-floor jury room before beginning deliberations, six jurors stood outside the courthouse, chatting amiably. One man wearing sunglasses drank coffee as they talked.

When Juror No. 2, a Hispanic man, arrived and approached the group, one of the jurors greeted him with a double fist pump. Juror No. 2 smiled broadly.

The seven jurors went inside the building soon after.

advertisement | advertise on newsday

advertisement | advertise on newsday