Defense Lawyers Criticize Sununu, Formella Remarks On Zhukovskyy Acquittal

By ROBIN D. MELONE, InDepth NH

On behalf of our board and our members.

Upon announcement of the not guilty verdicts in the Zhukovskyy case, Gov. Sununu issued a statement that, “the fallen seven did not receive justice today and that is an absolute tragedy.” The AG’s office issued a statement disagreeing with the verdict, stating that, “Mr. Zhukovskyy should have been found guilty of the charges and held responsible. . .”

These statements are irresponsible, dangerous, disrespectful to the jurors, and damaging to the integrity of the criminal legal system. They are also contrary to rules designed toprotect the rights of the accused and protect jurors from undue influence and harassment. While Governor Sununu is not a lawyer, the Attorney General is.

The American Bar Association Criminal Justice Standards for Prosecution speak specifically to what a prosecutor may and may not say after a verdict. “After discharge of a juror, a prosecutorshould avoid contacts that may harass or embarrass the juror, that criticize the jury’sactions or verdict, or that express views that could otherwise adversely influence thejuror’s future jury service.” The Standards further state that a prosecutor should“respectfully accept acquittals” and that public statements after a verdict, “should berespectful of the legal system and process.”

The Governor and The Attorney General’s statements here have expressly criticized thesejurors’ actions in a way that could adversely influence not only these particular jurors’future jury service, but could adversely influence other potential future jurors throughoutthe state. Must our jurors fear public excoriation by the governor and chief law enforcement officer if they find (as jurors did here) that the State failed to meet its burden?

Neither AG Formella nor Governor Sununu saw and heard the evidence as the jury did. They did not deliberate having heard the Judge’s instructions. And they have no right, in their positions of power and responsibility, to assert that their opinion, rather that of a fully informed jury, is the correct one.

The day of the accident was a tragic day. Every death is tragic, especially deaths as horrific as that suffered by the victims in this case. But not every tragic death is a crime, which iswhat the jury decided here after considering all the evidence. We rely on jurors to be impartial. Judges instruct jurors to decide cases without fear or sympathy. That our Governor would so loudly put his thumb on the scale is an abuse of his platform and hisoffice. Agree or disagree, the jury here did its job and their decision deserves respectrather than public condemnation.

Sununu: ‘Fallen Seven Did Not Receive Justice’

Jurors: Zhukovskyy Not Guilty on All Counts in Crash That Killed 7 Motorcyclists

Melone is president of NH Association of Criminal Defense Lawyers.

NH AG Responds

In a statement, Michael Garrity, the communications director for the attorney general's office, said, "We would point the NHACDL to the part of our statement in which we thanked the jurors for their service and stated that we respected the verdict."

This story was originally published by InDepth NH.