By Mike Schnitzel
In front of a packed courtroom and the families of Katie Flynn and Stanley Rabinowitz, state Supreme Court Judge Alan L. Honorof denied the defense's contention that conversations jurors had about outside evidence negatively impacted Heidgen's right to a fair trial. "This court is unconvinced that any intrinsic evidence was brought into deliberations that affected his right to a fair trial," Honorof said before denying the motion to overturn the murder conviction.
Heidgen appeared unmoved, sitting expressionless as the judge announced his decision. The 25-year-old was convicted of second-degree murder in the deaths of Flynn, 7, and Rabinowitz, 59, who were killed when the pickup truck Heidgen was driving the wrong way on the Meadowbrook Parkway early on the morning of July 2, 2005, slammed into a limousine carrying the Flynn family home from a wedding reception in Bayville. Rabinowitz was driving the limousine, and four of the five other members of the Flynn family who were passengers were seriously injured in the crash. Heidgen was living in Valley Stream at the time.
Katie Flynn's father, Neil, said he felt the judge came to the only reasonable decision possible, and that he was tired of the defense's efforts to paint Heidgen as some kind of victim. "I was insulted, and I think that the court should be insulted," Flynn said. "It's time and time again this guy pretends to be remorseful and sorry and then he squirms and throws anything against the wall he sees fit."
Calling her son a "victim of the justice system," Heidgen's mother, Margot Aponte, said she felt the judge did not allow enough evidence at the hearing. "My son has been the scapegoat of a political case," Aponte said.
Defense attorney Stephen LaMagna of Garden City contended that there were several instances of misconduct among the jurors, including an alleged discussion between juror Michele Vargas and others that Heidgen had a prior drunk driving conviction. LaMagna also argued that there were discussions of the case outside the jury room, and that one juror announced that she intended to write a book about the case. Honorof's hearing was limited in scope, however, focusing on whether a discussions of a prior DWI conviction took place and whether it influenced the verdict.
In a contentious, at times heated hearing, Honorof repeatedly refused to allow LaMagna to expand the scope of his arguments. When LaMagna tried to question juror Robert Pike about whether jurors discussed possible penalties and sympathy for the defendant, which the judge forbade in his instructions to them before they began deliberating, Honorof refused to allow Pike to answer, saying it was beyond the scope of the hearing. When LaMagna contended that his questions would help establish whether Pike was a credible witness, Honorof was unmoved. "This court is not going to insert itself as the 13th member of the jury," he said.
The defense's witness at the hearing, jury forewoman Loy Malcolm, had made the allegations of misconduct just days after Heidgen was convicted in October. She testified that she believed Heidgen was not guilty of second-degree murder, and that she had changed her mind after hearing information during deliberations that was not introduced as evidence in the case. Malcolm signed an affidavit to that effect in November.
Four other jurors who were called to the witness stand, including Vargas, who was accused of the spreading the DWI rumor and telling other jurors she was going to write a book, refuted Malcolm's testimony, saying that nothing improper was discussed during deliberations. Vargas denied that she discussed a prior DWI with anyone on the jury. All jurors other than Malcolm said that if anything improper came up, it was immediately dropped as a topic of conversation and did not enter into or influence deliberations.
The prosecution dismissed Malcolm's claims, saying that she had plenty of opportunity to report misconduct during and immediately after the jury's deliberations.
"She is clearly unhappy that she gave way of her manslaughter conviction and went over to the side of murder, but she did it," said prosecutor Maureen McCormick. "Her testimony and statement is confused, at best. Her statement is anything but consistent, and it cannot be said to have prejudiced the jury against this defendant."
After pausing momentarily, McCormick added, with emphasis, "It cannot!"
Heidgen is scheduled to be sentenced on Feb. 28. He faces a minimum of 15 years in prison and a maximum of 25 years to life. LaMagna said his contentions that some witnesses were not credible would "be part of the appeals process."
As he was leaving the courtroom, Neil Flynn was asked whether it was difficult for him to come back and relive the incident. "We live it every day," he replied, "whether it's here in the courtroom or in our house."
Comments about this story? MSchnitzel @liherald.com or (516) 569-4000 ext. 265.
