The Georgia Supreme Court on Monday reversed Fulton County murder convictions against two men because the trial judge excused a juror without notifying the defendants' lawyers about it.
James Ward and Jonathan Kilgore had been convicted of murder, burglary and aggravated assault for the 2003 shooting death of John Reid and the assault of another man during a drug robbery shootout.
During a lunch break at trial, a juror told the judge she had been having anxiety attacks and was unable to focus. The judge then excused her from the trial.
In Monday's unanimous opinion, the state Supreme Court said the defendants should have been present when such a decision was made. Even though the evidence supports the convictions, the ruling said, Ward and Kilgore are entitled to a new trial.
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