Jon maintains that during his trial,
juror No. 12 was not an
impartial juror. Alvin Dymally, juror No.12, made contact with Jon’s sister Sanjana during the trial. Superior Court Judge David Wesley determined Dymally appeared to want a romantic relationship with her when he spoke to her by phone and offered his help. Judge Wesley found both Sanjana and juror no. 12 in
contempt of court. Due to his fellow jurors’ anger, juror No. 12 claims he felt pressured to give a verdict that he did not want to give. During
deliberations, other jurors had complained about juror No. 12, that it seemed he had already made up his mind to convict Jon. Although a request from the juror No. 12 be removed for refusal to deliberate, the request was denied by Judge Wesley. due to fear of angering juror No. 12, Sanjana called the phone number he handed to her during the trial. after Sanjana refused to meet him, juror No. 12 changed his vote from not guilty to guilty. Regarding his actions, juror No. 12 faced questioning under oath, where he testified to have never made attempts to speak to Jon’s sister. Defence attorneys presented a recording of their conversation, with the phone records, proving the juror falsely testified. Juror No. 12 pleaded the
Fifth Amendment to "not further incriminate himself" for
perjury. Judge Wesley refused to consider or hold evidentiary hearings in the matter and the request for a new trial was denied. Jon asserts there were inconsistencies in the victims’ testimonies. During the trial, it was shown that the lead detective destroyed evidence crucial to Jon’s case and did not follow up with alleged victims that had said Jon never sexually assaulted them. Jon dismissed his lawyers during the penalty phase, as he believed they were working with the prosecution. One reason that he felt supported this belief is that his Donald Marks, his former defense lawyer, his daughter was hired on by the D.A.'s office during the trial Almost all the same witnesses and same charges as the Los Angeles case was brought in New York; the New York District Attorney’s Office offered "time served" for a single count as a plea, Jon accepted. In exchange for the plea, prosecutors agreed to turn over crucial documents to Jon. Jon’s appeal in California argued the Manhattan documents prove his California lawyers did not share vital police documents and relevant correspondence showing his accusers worked together with the help of his civil lawyers to ensure consistency among their stories. The Los Angeles trial included a
rape kit result (negative), indicating no assault findings. Jon took and successfully passed a
polygraph test regarding the rape charge for which he was convicted. == Racial Justice Act ==