A manslaughter conviction for Mark Scerbo has been reversed. The case has been remanded for a new trial.
Scerbo had been convicted for death of Heather Boyum, a Fairport teacher, killed while riding her bike in 2012.
In 2013, Monroe County Court Judge Doug Randall sentenced Mark Scerbo to the maximum for hitting her in a DWI crash.
Court paperwork says that the defense council lost track of the number of jurors that had been selected.
The jury had not yet been sworn in, but the defendant’s request to challenge one of the juror selections was denied.
Now, the defense is arguing they were wrongly denied the opportunity to challenge the selection of a juror. The Appellate Division is siding with the defense’s appeal, leading to the conviction being overturned.
The Monroe County District Attorney’s Office released a statement Friday afternoon, in response to the decision.
The Appellate Division reversed the conviction, finding that the trial court abused its discretion by not permitting the defense to challenge a perspective juror even though the prosecutor did not object to the request.
“We are saddened by the impact of this decision on the family of Heather Boyum and we are ready to retry the case and bring justice to Heather” said District Attorney Sandra Doorley.