First we'll give 'em a fair trial, and then we'll convict 'em
Jury convicts man in agent's killing
Action came after juror said she was harassed, became ill and was dismissed
By GINA DUWE
gduwe@journalsentinel.com
Posted: July 26, 2005
The man accused of killing an undercover state agent was convicted Tuesday in circuit court, but only after the judge removed a holdout juror who said she had become ill because of harassment by other jurors.
Dionny Reynolds was found guilty of first-degree intentional homicide for killing John "Jay" Balchunas. The verdict came one hour and 15 minutes after Judge David Hansher dismissed the dissenting juror and brought in an alternate juror to start deliberations from the beginning.
"It's absolutely unprecedented to discharge a juror who is refusing to change her mind," defense attorney Lew Wasserman said, "and (bring in a juror) who has been sitting outside the courtroom for two days."
The jury, which went into deliberations Monday afternoon, sent a note out about 9:30 a.m. saying one juror was "declining to deliberate further," Wasserman said.
The juror, who was dissenting on Monday, was taken into chamber with Hansher, Wasserman and prosecutors for discussion. She wasn't declining to deliberate, Wasserman concluded after talking with her, but was "refusing to change her mind."
Juror claims harassment
The juror was so upset by what she put in the record as "harassment . . . by the jurors" that she became physically ill, Wasserman said. Three Milwaukee Fire Department emergency medical technicians were brought into the chambers to ensure she was OK, he said. Wasserman said Hansher dismissed the juror shortly thereafter.
Wasserman said he was not permitted to release the juror's name but said she was a woman in her 40s.
The juror was "discharged for cause," Hansher said, declining further comment.
"With all due respect to the jury verdict, that's treading new water in how juries deliberate and how juries reach verdicts," said Wasserman, adding that he plans to appeal the verdict in state court or federal court if necessary.
Reynolds, 27, faces life in prison when he is sentenced for killing Balchunas during an attempted armed robbery at a W. Villard Ave. gas station Oct. 29. Balchunas, 34, of New Berlin, died a week after being shot in the parking lot of the station, where he had stopped to get coffee.
Reynolds also was found guilty of robbery with use of force and felony possession of a firearm.
Accomplice trial Aug. 29
An alleged accomplice, Anthony Bolden, is scheduled to go on trial Aug. 29 on a charge of felony murder in the case.
Reynolds also faces charges of first-degree reckless homicide, party to a crime, in connection with the death of Marcus Parks on July 28, 2003.
District Attorney E. Michael McCann said the juror situation raises "technical legal issues . . . for some other day." In a rare move, McCann prosecuted the case alongside Assistant District Attorney James Griffin.
"It was a very serious charge of loss of a police officer's life on duty. I'm pleased with the verdict, and sad this goes on obviously for the family of the deceased," McCann said.
Feeling of justice
About 50 people packed into the courtroom's gallery to hear the verdict, which involved the first killing of an agent of the department's Division of Criminal Investigation in Milwaukee County history.
The verdict also brought a feeling of justice served for Balchunas' family.
"I don't think we'll ever find relief," said Balchunas' mother, Mary Kay, "but it's relief in that we know this man will never do this to another individual or family (again)."