Kerry Kennedy Trial Moved Out of No. Castle Due to Small Courtroom
A state Supreme Court justice ruled this week that Kerry Kennedy’s trial for allegedly driving while impaired will be relocated from North Castle to county court in White Plains.
Acting on a request from Kennedy’s defense lawyers William Aronwald and Gerald Lefcourt, Justice Alan Scheinkman decided on Wednesday that the court facility at North Castle Town Hall in Armonk was inadequate to handle the expected crush of spectators, media and Kennedy’s friends and family. The North Castle courtroom, which is also used for municipal meetings, has a 49-seat capacity.
In addition to the limited seating, the arrangement of the seats, placement of the dais, the lack of a jury box and proper space for the defense team and prosecution would make the North Castle court a difficult venue to hold the trial, Scheinkman concluded.
“The undersigned is concerned that, even if the trial commenced in the Town Court, issues could readily arise that would necessitate a mistrial, with the consequent waste of time, effort and funds, for both prosecution and defense,” Scheinkman wrote. “All that it would take would be a single untoward comment from the audience, some inappropriate contact between a media member or member of the public and juror, some overhearing by a juror or witness of some private conversation between counsel, or some similar event occurring in such close quarters.”
Jury selection was scheduled to begin on Jan. 22 in North Castle but the relocation has forced a postponement. No date has been given for when the trial will now get underway.
Kennedy was charged with the misdemeanor DWI charge following a July 13, 2012, accident on I-684. Her attorneys have argued that Kennedy was impaired after she mistakenly took a sleeping pill instead of her thyroid medication.
There were no objections raised by the Westchester County district attorney’s office regarding the defendant’s request for the change in venue, although there was concern that the defense lawyers were engaged in “forum shopping.”
In recent months, North Castle Town Justice Elyse Lazansky had appealed to the town board to make necessary renovations that would allow for a more comfortable setting for jury trials. In October, Lazansky asked the board to allow her to apply for a state grant that would shift the furniture making it easier for the public, attorneys and the court.
Last month, she said she had not heard back from the state and hoped town officials would approve the transfer of funds from the justice court’s budget to do the work.
However, Kennedy’s attorneys are looking to have the trial scheduled as soon as possible instead of waiting for courtroom renovations.
Scheinkman’s decision noted that North Castle has typically hosted one or two jury trials a year; however, those trials have typically lasted for one or two days and with little or no interest from the public. Since there is no jury box, the jurors have been seated in the front row of the spectator seating.
It is expected Kennedy’s trial could last up to two weeks.
Aronwald and Lefcourt had asked for the judge to consider holding the trial in a local justice court with adequate facilities, such as White Plains City Court or in Mount Kisco or Yorktown. However, Scheinkman’s decision noted that transfer to another local court under state law can only be done with the disqualification or incapacitation of both local justices or an inability to seat a jury.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
