On Friday, an appeals court judge in Camden County, New Jersey tossed out a verdict against Dr. Abbas Husain who in 2011 a jury found guilty of having sexually harassed an office employee. It came out later that one of the jurors was "very passionate" and concerned that Husain, who is Hindu, hadn't put his hand on the bible when taking the oath to testify. The juror had raised her concern with other jurors. From NJ.com:
“The juror's comment regarding the Bible raises the specter of religious bigotry,” the court’s ruling said.
The decision reversed a Camden County Superior Court judge’s denial of a new trial for Husain in 2016. A jury in 2011 found Husain created a hostile work environment, sexually harassed and retaliated against a then-part time office employee, who was awarded $12,500 in the civil case...
“The Law Division judge said the juror who made the observation was only concerned with Husain's credibility, i.e. that a person who refused to place his hand on the Bible was incapable of taking the oath seriously and was therefore incredible,” the decision said. “He contrasted this with out-and-out religious bigotry. But if he was correct, that too is simply impermissible. The exercise of a person's religion should not make him or her per se incredible.”
“Only a new trial would ensure that the outcome was untainted,” the decision continued. “The possibility that the verdict was a miscarriage of justice is too great for us to decide otherwise.”
Step 1: be small enough to fit in a trashcan. (Protip: recycling cans smell better)
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