Manslaughter conviction thrown out
The Court of Appeal yesterday ordered a retrial in the case of Kevin Hart.
He was convicted of manslaughter in the January 2003 shooting death of Kendall Braynen. He was shot in the neck while standing on Rupert Dean Lane around 6:30 p.m. on January 11, 2003.
At the conclusion of the trial, the jury returned an 11-1 guilty verdict on the murder charge before unanimously convicting Hart of manslaughter. In murder trials, the entire jury must agree on a guilty verdict.
However, defense lawyer Murrio Ducille argued that no verdict was reached on the murder charge, therefore the jury was not free to consider the lesser charge of manslaughter.
The appellate court agreed and ordered a new trial.