Kirk Ashton calls for dismissal of verdict over juror's alleged napping

Lina PortmanJune 4, 2024

0 1 minute read

The conviction of former Hilton Central School District principal Kirk Ashton, convicted of groping elementary school students, should be overturned because of a napping juror, Ashton claims in an appeal.

According to Ashton's appeal, one juror slept for up to 40 minutes while replaying parts of the trial. “Replays” occur during deliberations, when jurors, for example, wish to review witness testimony and have the trial transcript read aloud to the court.

The juror slept through replays of three witnesses, according to arguments and court records. State Supreme Court Justice Alex Renzi decided not to inquire about what the juror might have missed since it happened during deliberations and not during trial testimony, records show .

Renzi also noted that the juror did not appear to be in deep REM sleep, according to the appeal's arguments.

In similar cases, appeals courts have determined that sleeping jurors were not qualified to make a fair decision, Ashton attorney Brian Shiffrin said last week during arguments before the court. regional appeal, the Appellate Division of the Fourth Department.

Deputy Prosecutor Martin McCarthy argued that those precedents involved jurors sleeping at multiple points during a trial, not just during deliberations. There is no evidence that the juror who slept through replays couldn't make a fair and impartial decision, McCarthy said.

Ashton was arrested in 2021 and accused of sexually abusing more than 20 male students while he was principal at Northwood Elementary School in Hilton. Ashton was principal of the school for 17 years and his trial raised questions about how the abuse, which occurred behind closed doors in his office, went unnoticed or unchecked by other members of the school. school.

Lina Portman

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