Appellate court throws out convictions in 2016 Nassau killing

An appellate court has thrown out two guilty verdicts, one for murder and another for manslaughter, after a 2016 shooting that left a Uniondale man dead in what Nassau prosecutors called a revenge-motivated crime.

The decisions last week from a panel of Brooklyn justices awarded new trials to Joshua Taylor and Jorge Burgess following their convictions in the slaying of Jude St. Clair, 32, of Uniondale, because of an error during jury selection at their 2018 trial.

Taylor, 28, of Hempstead, has been serving 25 years to life in prison following his conviction on murder and felony weapon possession charges. Burgess, 28, of Uniondale, has been serving 5 to 15 years behind bars for manslaughter and a 15-year sentence for felony weapon possession — penalties that were to run consecutively.

The appellate court found the jury selection error happened in Nassau County Court when the prosecution was able to exercise peremptory challenges to prospective jurors after the defendants already had. That violated the rule "that the People make peremptory challenges first, and that they never be permitted to go back and challenge a juror accepted by the defense," the ruling said. Peremptory challenges allow the rejection of a certain number of potential panelists without a reason.

The appellate court also found in Burgess’ case that the trial judge shouldn’t have admitted an out-of-court statement from a male witness as evidence. The prosecution "failed to establish by clear and convincing evidence" that Burgess was responsible for that witness’ refusal to testify at the trial, the higher court’s ruling said.

"We’re reviewing the decisions and examining our legal options," Nassau District Attorney’s Office spokesman Brendan Brosh said Thursday of the appellate rulings.

Lawyers for the defendants applauded the decisions.

"I’m happy that Mr. Burgess will get a second chance at a fair trial," said his Long Beach-based appellate attorney, Stacy Eves.

Melville attorney Thomas Butler, who represented Taylor during his appeal, said "it’s very rare for a judgment to get reversed."

In Taylor’s case, the appellate court also found the jury’s guilty verdict "was not against the weight of the evidence." In addition, the decision said the trial judge properly admitted as evidence a written statement and text messages from a female witness after the prosecution showed convincing evidence that Taylor "procured the witness’ unavailability" through his threats.

Mineola attorney Stuart Austin, who represented Taylor at the trial, said he contacted his former client in prison to let him know of the appellate court’s decision and Taylor was "guardedly optimistic."

"This really was one that I lost sleep over. I was really glad to have this come back," Austin said.

The lawyer had said during a Newsday interview after the trial that he believed video evidence had exonerated his client.

Prosecutors contended at the trial that at about 10 a.m. on Aug. 21, 2016, Burgess waved at St. Clair to beckon him down a side street off Nassau Road in Uniondale. Burgess then opened fire with a .38 caliber revolver and Taylor began shooting a .380 caliber semi-automatic handgun, according to authorities, who said three bullets hit St. Clair.

Prosecutors alleged the defendants were seeking revenge after a fight earlier that morning between St. Clair and Taylor’s cousin.

The trial lasted five weeks and the jury deliberated for two days before rendering the guilty verdicts.

Records show the cases are scheduled to be back before a Nassau judge shortly.