Second day of deliberations in murder trial of Tyler Flach, accused of killing Khaseen Morris, ends without a verdict

The second day of deliberations in the murder trial of Tyler Flach ended without a verdict Wednesday, after jurors asked to review a slew of evidence that included video of the afterschool fight that ended the life of Oceanside High School senior Khaseen Morris.

Flach, 21, of Lido Beach, is standing trial in Nassau County Court in Mineola on felony charges of second-degree murder and first-degree gang assault and misdemeanor assault and weapon charges.

Prosecutors have alleged he intentionally stabbed Morris, 16, in the prearranged brawl in an Oceanside strip mall parking lot on Sept. 16, 2019, and is guilty of murder.

Testimony showed the fight was sparked by friction with the jealous ex-boyfriend of a girl Morris had walked home from a party, a teenager who was among the eight friends of Flach who fought by his side that day.

Flach’s attorney, Edward Sapone, asked jurors in his closing argument Tuesday to convict his client of second-degree manslaughter and second-degree gang assault.

He argued Flach acted recklessly and not intentionally, killing Morris after one punch went awry as Flach held a knife and “threw bunches of punches.”

Testimony from former Nassau Deputy Medical Examiner Dorota Latuszynski was among the evidence that jurors asked to review Wednesday.

It was the first full day of deliberations and the panel sent two notes to Acting State Supreme Court Justice Howard Sturim asking for various court exhibits.

Latuszynski performed Morris’ autopsy and said in a report that Morris suffered a single deadly stab wound in the fight and other lacerations on his body were from life-saving efforts.

Sapone told jurors the autopsy report bolsters the defense contention that Flach acted without intent.

But prosecutor Ania Pulaski said in her closing argument that Latuszynski “misclassified” at least one of the lacerations.

She also told jurors Flach stabbed Morris “at least twice,” saying that was among the evidence that showed Flach’s intent to kill.

Jurors on Wednesday also asked to see Morris’ medical records, and for the definition of reasonable doubt and the legal elements of second-degree murder and manslaughter in the first and second degrees.

Second-degree murder carries a top penalty of 25 years to life in prison, first-degree manslaughter has a top penalty of 5 to 25 years behind bars and the maximum sentence for second-degree manslaughter is 5 to 15 years in prison. All three charges are listed on the jury's verdict sheet.

Sturim read the applicable law to jurors and a court reporter read back witness testimony before the day's proceedings ended with Sturim dismissing three of the four alternate jurors.

"I hope you don't feel like you wasted your time ... We appreciate you doing your civic duty," he told them.

The trial will continue Thursday.