Mistrial in art curator’s death after juror refused to ‘send a black man to jail’




A judge declared a mistrial Thursday in the case of a Brooklyn dad accused of ​crashing into a young art curator, killing her as she did her holiday shopping.

Juror No. 8, who declined to give her name, told reporters she and another juror had overheard Juror No. 3 on the first day of trial mutter that she would “not send a black man to jail, that’s crazy,” as she left court.

Juror ​No. 3, who refused to answer questions as she left cour​ –​ hissing, “​G​et away from me”​ ​–​ ​was referencing father-of-six Marlon Sewell.​​

Sewell, Juror No. 3, and Juror No. 8 are all African​-​American.

Juror No. 8​ ​–​ ​who had to be hospitalized Wednesday after tensions boiled over​ ​–​ ​said she didn’t immediately report the comments because she thought the other juror would keep a fair and open mind.

But it quickly became clear that the elder juror, who was combative the moment deliberations began Monday, wouldn’t budge.

Wednesday night, Juror No. 8 had a panic attack and an ambulance was called​ ​–​ ​which she said was because she felt she was being “persecuted” by No. 3.

“This person was just creating so much conflict in this room,” she Thursday after the panel was released. “I couldn’t take it, I fainted. And started trembling and crying.”

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