2001 - Allah McCall. In November 16, 2001 a jury found McCall guilty of the 1999 murder of a teenager who was shot following an argument over the victim’s gold chain. McCall was sentenced to 20 years to life. However, Claude Stuart during jury selection excluded "a prospective juror because she was of Jamaican ancestry."
The right of peremptory challenge is a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason. However, this right cannot be exercised to exclude jurors based on their race, ethnicity, or gender. A defense attorney challenging a prosecutor's use of a peremptory challenge which she believes is based on race, ethnicity, or gender is called a "Batson" challenge. The trial judge then must determine if the peremptory challenge is being used by the prosecutor in a race, ethnic, and gender neutral manner. In making that determination, the judge must weigh a potential juror's constitutional right not to be discriminated against and a prosecutor's privilege to exercise peremptory challenges.
On March 14, 2004 the Appellate Division, Second Department found the "Supreme Court committed reversible error when it permitted the prosecutor to exercise a peremptory challenge to exclude a prospective juror because she was of Jamaican ancestry." People v McCall 2004 NY Slip Op 01800 [5 AD3d 608] March 15, 2004. The Court ordered a new trial.
On June 30, 2004 the New York Post reported that McCall "who was convicted of gunning down a teen over a gold chain, only to have the verdict reversed on appeal, pleaded guilty yesterday to avoid a retrial. Allah McCall, 22, admitted he shot Eddie Newson, 17, in Far Rockaway on Aug. 20, 1999, and was sentenced on the spot to 10 years in prison. McCall was initially convicted of murder in November 2001 and sentenced to 20 years to life. An appeals court later overturned the conviction, citing what it said was prosecutor Claude Stuart’s intentional exclusion of Jamaican jurors. According to defense lawyer Murray Singer, Stuart excluded those jurors because he believed they hailed from a violent society. Stuart resigned in 2002, after withholding a prosecution memo in another murder case. Singer said his client, 'is happy that the matter has been resolved and that he can continue serving his sentence.'” KILLER PLEADS GUILTY TO ‘99 SLAY, NY Post.
After McCall's conviction the Queens DA's office issued the following press release:
"Friday, November 16, 2001
FAR ROCKAWAY MAN FOUND GUILTY OF 1999 MURDER OF A TEEN; FACES 25 YEARS TO LIFE
Queens District Attorney Richard A. Brown today announced that a Far Rockaway man has been found guilty of the 1999 murder of a teenager who was shot following an argument over the victim’s gold chain.
District Attorney Brown identified the defendant as Allah McCall, 19, of 14-30 Gateway Boulevard, Far Rockaway. He was convicted following a jury trial of Murder in the Second Degree before Supreme Court Justice Barry Kron. The defendant faces a prison term of twenty-five years to life when sentenced on December 5th.
District Attorney Brown said, "This was a senseless act in which a teenager lost his life over an argument regarding his gold chain. And as a result another teenager may spend the rest of his life behind bars."
According to the charges, defendant McCall approached the victim, Eddie Newson, then 17 years of age, on August 20, 1999, in front of 84-18 Rockaway Beach Boulevard in Far Rockaway. An argument ensued and the defendant produced two handguns from under his jacket and shot Mr. Newson, striking him once and killing him.
District Attorney Brown added, "The defendant was arrested two days later in Brooklyn following an attempted robbery there and was subsequently identified in the homicide."
Assistant District Attorney Claude N. Stuart of the District Attorney’s Homicide Trials Bureau, under the supervision of Assistant District Attorney Daniel A. Sauders and the overall supervision of Executive Assistant District Attorney for Major Crimes Gregory L. Lasak, prosecuted the case."