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Grounds For Appeal?: Juror Didn't Reveal His Arrest Record

By Val Ellicott
Staff Writer

One of the six jurors who argued strongly for conviction in the murder case against Kevin Coleman failed to disclose his own record when the judge and prosecutor asked prospective jurors if they had ever been arrested.

John Fitzpatrick, 37, of Boynton Beach, was arrested on July 17, 1990, and charged with grand larceny and extortion, according to state records. He also was arrested in 1977 on a shoplifting charge and in 1985 for violating probation on a misdemeanor charge of resisting arrest without violence in Broward County.

The 1990 case was dropped 36 days after Fitzpatrick's arrest, and Fitzpatrick was acquitted on the shoplifting charge, records show. Records on the misdemeanor case were not available.

Fitzpatrick revealed nothing of his encounters with police as attorneys at Coleman's trial questioned jurors about their backgrounds.

Carey Haughwout, the attorney representing Coleman in his effort to win a new trial, said Fitzpatrick's failure to disclose his arrest may be good news for Coleman.

``It certainly can be a reason to set aside a judgment,'' Haughwout said. ``They (jury candidates) . . . swear to tell the truth.''

Of the four jurors who were interviewed about the Coleman trial, Fitzpatrick was most critical of the defense, describing most of the defense witnesses and one prosecution witness as ``cockroaches.''

Fitzpatrick said he believed, from the onset of deliberations, that Coleman was guilty.