A Byram man sentenced to five years in jail for restraining three people at gunpoint is appealing his case, citing juror misconduct and flawed rulings by the presiding judge.
Pasquale Ciullo, 51, was sentenced last month after a jury found him guilty on three counts of unlawful restraint surrounding a 2007 property dispute on Byram Shore Road. Prosecutors said Ciullo and his son, Angelo, pointed guns at two day laborers hired by a neighbor to install a fence that intruded on their driveway. Pasquale Ciullo was also charged with chasing his neighbor, Rose Pinchuk, away from the driveway and hitting her with a shovel. He was acquitted of an assault charge.
Ciullo's lawyer, Edward Gavin, submitted several possible avenues for an appeal in recently filed court documents, including alleged juror misconduct.
"The misconduct (included) stereotypical remarks, between and among jurors about the defendants, their ethnicity, and their attorneys," the motion states. "The court's subsequent instruction to the jury to cease such discussions, to not prejudge the case and to decide the case based on the evidence did not cure the harm sustained by defendant."
During Ciullo's trial, a juror was dismissed after she talked to a witness outside the court. The woman later told a judge she intentionally talked to the witness so she would be excused from the case, claiming she was disillusioned by other jurors talking about the case prior to deliberations.
The remaining jurors denied they prejudged the case and a judge warned them to refrain from speaking about the trial or forming preliminary opinions. Pasquale Ciullo's lawyer and his son's lawyer argued for a mistrial at that point, which was denied. Angelo Ciullo was convicted on two counts of unlawful restraint and weapons in a motor vehicle. He was sentenced to five years of probation in July....
Source:
http://www.greenwichtime.com/default/article/Father-appeals-son-accepts-probation-609407.php
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