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Brookdale student murder trial: Garajau says misconduct derailed trial

FREEHOLD - About six weeks after a Monmouth County jury convicted Brookdale Community College honors student Raquel Garajau in the murder of her pot dealer, an alternate juror came forward with allegations of juror misconduct. “I believe that (defendant) did not receive a fair and impartial trial by fair and impartial jurors,  the alternate juror wrote in an email to Superior Court Judge Joseph W. Oxley, who presided over Garajau’s 2018 trial. That information was revealed Tuesday in a decision by appellate judges rejecting Garajau’s appeal of her conviction in the murder of marijuana dealer Trupal Patel. The appellate judges, upholding Garajau’s conviction, dismissed her claim of juror misconduct as well as 10 other arguments seeking a new trial.

Incitement: Modernizing the standard

© Getty Images With civil and criminal proceedings under way in the aftermath of the Jan. 6 insurrection at the U.S. Capitol, one thing is clear: Allegations of incitement will be hard to sustain unless the Supreme Court modernizes its rulings on the issue.  The Court ruled in the 1969 case of  Brandenburg v. Ohio that speech is constitutionally protected except where it is “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” That decision has grown increasingly problematic as the modes, channels and consequences of modern communication have changed fundamentally the context to which it is being applied. The Court struggled admirably to enhance freedom of speech, with Justices Douglas and Black rejecting the “clear and present danger” doctrine framed earlier by Justice Holmes. Yet Holmes’ underlying metaphor lingers: Who can claim the right to shout fire in a crowded theater? 

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