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#Gigi Jordan may be released from prison after conviction tossed

#Gigi Jordan may be released from prison after conviction tossed

An Appeals court has ruled that millionaire pharmaceutical executive Gigi Jordan should be released from prison after her conviction for killing her 8-year-old autistic son was overturned earlier this year due to a judge’s trial error.

After a US magistrate judge vacated the 2014 trial conviction, Manhattan District Attorney Cy Vance Jr. fought to keep Jordan, 60, locked up at Bedford Hills Correctional Facility while his office appealed the ruling.

But the 2nd Circuit Court of Appeals rejected the DA’s argument on Wednesday.

“Jordan has already served some 11 years of her sentence, more than 70 percent of her likely provisional sentence; and the State does not argue that Jordan will pose a danger to the public if released,” wrote the three-judge panel.

She’ll be transferred into federal custody for a bail hearing in the Southern District of New York by Monday, court papers show.

In September, Magistrate Judge Sara Cave overturned Jordan’s manslaughter conviction for force-feeding her autistic son a fatal dose of pills — because the trial judge had briefly sealed the courtroom.

Manhattan Supreme Court Justice Charles Solomon booted the press and public at the urging of prosecutor Matthew Bogdanos, who wanted to discuss online posts about the case that he suspected Jordan was behind and the drafting of an instruction to jurors to avoid reading them.

Gigi Jordan at court
Steven Hirsch

Defense lawyer Ron Kuby had strenuously objected, arguing that the closure violated his clients right to a public trial.

Six hours later, the judge realized his error and unsealed the minutes of the conference.
Cave wrote in her ruling that Jordan’s Sixth Amendment right to a public trial had indeed been violated even if the judge’s action had not harmed her case materially in any way.

Jordan, who is serving an 18-year sentence, will be retried if the DA’s office doesn’t prevail on appeal.

Vance spokesman Danny Frost said the office “strenuously disagrees” with the decision to overturn the conviction “which misapprehends the applicable law, and if it becomes necessary we will re-try Ms. Jordan for the premeditated killing of Jude Mirra, her 8-year-old son.”

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