FT. LAUDERDALE – The case for suspended Caribbean-American Commissioner for Miramar, Fitzroy Salesman ended in mistrial today (March 3). Broward Circuit Court Judge, Matthew Destry granted a mistrial in the aggravated assault case against Salesman because a juror brought a dictionary from home to the jury room.
Defense lawyer Eric Schwartzreich asked for the mistrial because jurors are supposed to rely on law and definitions as instructed by the court; the jurors looked up the word imminent to determine “whether Salesman faced an imminent threat when he pulled a gun on a teen in a crowded Winn-Dixie on Thanksgiving Eve 2007 was key to his theory of self defense.
Judge Matthew Destry dismissed the two-woman, four-man panel and stated, “You folks went outside the instructions, and I have no choice but to declare a mistrial in this case.”
Prior to the mistrial, Salesman’s attorneys asked jurors to acquit him on the grounds of justifiable self-defense. If Salesman was convicted he would have faced at least three years in prison.
Salesman’s next court date will be April 2 and the case will go to trial with a new jury within two weeks of that date. “I’m willing to take it to another jury,” Salesman said. “I am disappointed. I would have rather it be over but it’s not, so we have to live with it.”
Salesman was suspended from office by Gov. Charlie Crist and is running for re-election on March 10. Salesman said, “He is prepared to carry on and live with whatever voters decide”. “I am going to let the electorate make the choice, and I can live with it,” Salesman said. “My trial and my self defense has nothing to do with the election.”
