A potential juror’s nod of the head has led to a Syracuse murder conviction being overturned

Syracuse, N.Y. – A Syracuse man found guilty of a 2019 fatal shooting had his murder conviction overturned Friday because a potential juror nodded instead of giving a verbal confirmation that he could remain unbiased.
Miequin Cheese, 33, was convicted in 2021 of fatally shooting 26-year-old Lakquan Golden on an enclosed porch at a home on Rockland Ave in June 2019.
On Friday, his conviction was overturned by the state Appellate Court because of a legal issue during jury selection.
When attorneys were questioning prospective jurors, one man said that he would hold it against the defendant if he chose not to testify, according to the written decision.
When the juror was asked — along with the rest of the panel of prospective jurors — if he could set aside any bias and remain impartial, he nodded his head instead of giving a verbal assurance.
The appellate court judges found that the juror’s nod was “insufficient to constitute such an unequivocal declaration,” the decision said.
At the time of jury selection, Cheese and his defense team made a “challenge for cause” which is intended to allow parties to eliminate a potentially bias juror without having to use one of their 20 allotted “peremptory challenges.” Those limited challenges can be used remove a juror from consideration without any explanation.
Judge Thomas Miller denied the defendant’s challenge for cause when the juror’s potential bias was pointed out because he nodded when the group was asked if they could remain impartial.
The defense lawyers had to use one of their limited preemptory challenges to remove the juror.
The appellate court ruled that Miller should have accepted the challenge for cause and removed the juror.
The decision stated judges should ere on the side of caution when ruling on a challenge for cause because the worst that could happen would be replacing one impartial juror with another.
The impact of losing one of the limited challenges in the case means the defense could have “exhausted all available peremptory challenges.” That meant it would not have that challenge to remove another potential juror.
That impact was the crux of why the appellate court ruled they “must reverse the judgement and grant defendant a new trial,” the decision read.
The appellate court also found that the evidence used to convict Cheese was legally sufficient. The decision to overturn the verdict is solely based on the error during jury selection. The case was largely based on circumstantial evidence.
The case was frustrating for prosecutors at the time because key witnesses were uncooperative. Prosecutors relied on the fact that Cheese has admitted he was at the home on Rockland Avenue at the time of the shooting. He was also wearing all black that day, matching the description of the shooter.
Staff writer Anne Hayes covers breaking news, crime and public safety. Have a tip, a story idea, a question or a comment? You can reach her at [email protected].