At the conclusion of court on Friday, Judge Arun Subramanian dismissed juror #6 over "inconsistencies" in statements he made about where he lived, and he said they raised questions of candor and ability to follow instructions.
In an "offhand" remark to court staff, the juror mentioned he had moved in with his girlfriend in New Jersey and had been living there most of the time.
When questioned by the court, "the juror said actually he was spending four to five nights in his New York apartment," Subramanian said. In follow up questions, the juror said he moved to where his daughter lives, with his girlfriend in New Jersey.
During jury selection, "this juror had answered, in response to the simple and straightforward questions, 'Where do you live and who do you live with,' Bronx, with his fiancé and daughter," Subramanian said.
The judge said it raised concerns about the juror's basic qualifications, the juror's candor and whether he made a deliberate attempt to get himself onto the jury.
"The changing answers and inconsistency give the court worry about deception and lying, which further implicate the veracity of other answers, including to questions that go to the heart of the case," Subramanian said. "Removal of the juror is required in this court's view."
Defense attorney Xavier Donaldson lamented the dismissal of a Black juror because he said there are not enough Black and Hispanic individuals serving on juries.
Three separate defense attorneys stood to object to the juror's removal for different reasons.
"It is going to be a less diverse jury. That is a fact," Donaldson said. "I don't generally play the race card. I'm not saying I'm playing it now."
The dismissed juror would be replaced with an alternate.
"There are differences between principal jurors and alternate jurors," Marc Agnifilo said.
Subramanian promised to think about what the defense lawyers said and advise the parties if he changes his mind.
Subramanian called the attorneys to the bench and then announced the court had a "sensitive matter" to discuss.
He ordered the courtroom closed to all but the parties.
He did not say what the sensitive matter is.