After a judge declared a mistrial in the the animal cruelty case of a 205-pound man who killed a 7-pound cat, some of the jurors explained what happened during deliberations. The Post reported that "exhausted-looking" Shamsul Islam, Juror No. 11, said, "It was 11 to 1."
Joseph Petcka had claimed his girlfriend's declawed cat Norman attacked him, so he defended himself by kicking the animal. But the prosecutors pointed to the extent of the cat's injuries--multiple broken bones, broken teeth, lacerated tongue, chest full of blood--and his apparent jealousy of Norman (he said, "You love that cat more than me!") and said Petcka deliberately intended to hurt the cat. Juror No. 3, Douglas Collman said all the jurors but one believed Petcka's defense was "bulls---," and deliberations got very heated when another juror held out.
According to the Daily News, "When jurors took their first vote on Monday, it was 9-to-3 in favor of conviction. By Tuesday afternoon, it was 11-to-1." At that point, Collman said other jurors were shouting at Francisco DeFlaviis, "You're being irrational!" but "[He] thought it was an accident." Islam said, "He] just felt the evidence wasn't there. He said that there was some reasonable doubt."
The News reports that prosecutors may retry the case. Collman added his two cents, "He killed a cat and there should be some justice. I think he kicked the s--- out of the cat just out of anger. He knew what he was doing." But Petcka's lawyer said, ""He did not torture that animal. We're extremely sorry for what happened and we will continue to fight for his freedom." Petcka would have faced up to two years in prison if convicted for felony animal cruelty. He was also tried for harassing his girlfriend, but all jurors agreed he should be acquitted on that charge.
