The foreman of the jury in the World Trade Center bombing trial burst into tears Thursday after seeing a "gruesome" picture of a pregnant woman killed in the blast, said a defense attorney seeking a mistrial.
Judge Kevin Duffy in U.S District Court Manhattan denied the motion in the trial of four fundamentalist Muslims charged in the Feb. 26 bombing. Six people were killed and more than 1,000 injured.Austin Campriello, who represents Ahmad Ajaj, 27, originally from Palestine, called attention to the incident, which apparently was seen by few.
"The forewoman was seen crying and wiping her eyes when the pregnant woman's photo was shown," Campriello told Duffy during a break, with the jury out of the room. "Mr. Ajaj saw it."
Campriello, who earlier had tried to block pictures of the dead from being shown, added that two other defense attorneys saw the incident.
The color photograph was of a pregnant Monica Smith, a clerical worker in an office off the underground garage where the 1,000-pound homemade bomb was believed to have detonated in a parked yellow rental van.
"It was a gruesome picture," the attorney said outside court. "It's exactly what I predicted. The photos were unduly prejudicial because they play on the emotions of the jury."
He said he expected to renew his bid for a mistrial in the future.
Smith's picture was not the only "morgue shot" shown the jurors. Earlier, pictures of a body in the rubble and a full face color photo of a salesman, his tie over his shoulder as if blown by the wind were exhibited.
Most jurors passed the 8 inch by 10 inch photos without emotion, although there was the occasional shudder or grimace.