In a published decision, a state appeals court found the judge made serious errors in trying to repair a rift on the jury.
TRENTON -- An appeals court wiped out a Trenton man's drug convictions and ordered a new trial due to the trial judge's errors in dealing with the jury that convicted him.
James Gleaton, 35, was convicted of multiple cocaine dealing charges in Mercer County in 2013 and started serving a 16-year sentence in early 2014.
James GleatonIn a published decision Tuesday, a state appeals court found the judge in his trial, although well intentioned, made serious errors in trying to repair an "acrimonious environment" created by a conflict between the jury foreperson and nine jurors.
The judge's actions "interfered with the jury's autonomous role as the judges of the facts," the decision says."
And, the judge was driven by an "overriding concern" for creating an environment in which the jury would only return a unanimous verdict, the decision states.
The judge is not identified in the decision.
Gleaton, who also uses the names Walter Gleaton and Walter Mason, was arrested and charged following an undercover investigation into his alleged drug sales by Trenton police vice officers working with the federal Drug Enforcement Administration.
Gleaton's first trial ended in a mistrial.
His second trial should have, the appeals court said.
But the judge pressed on despite Gleaton's defense attorney urging the judge to declare a mistrial due to the jury issues.
The issues started with the judge's responses to a note from the jury foreperson on the second day of deliberations saying they'd reached an impasse, but had voted 11-1 to continue to deliberate.
The judge said in court: "I and the attorneys are hopeful that this jury can reach a unanimous verdict as to the four counts. That's the hope in every criminal case. But within those parameters and knowing what's off limits, you can tell me what you think I should need to know to try to move this towards a verdict."
Trenton man gets 60-year term, again, for slaying
The comments created the impression that he'd had taken sides in favor of a unanimous verdict, and against the one holdout juror, the decision says.
Then the judge then compounded the error in another response in dealing with nine jurors' complaints about the foreperson's leadership style.
The judge allowed the nine to elect a "spokesperson" to convey their grievances and that exacerbated the divide among the jury.
"Even more troubling was the judge's decision to allow the 'spokesperson' to discuss these matters with the judge and counsel privately at sidebar, thereby excluding the eight jurors he was elected to represent," the decision says.
Moreover, the judge "accepted the veracity and accuracy" of the spokesperson's description of the foreperson as an "obstructionist."
Eventually, the judge replaced the foreperson and the jury convicted Gleaton.
The replacement was extraordinarily misplaced and could have been perceived as a retaliatory act against the foreperson to force her into changing her stance in favor of a unanimous verdict.
"The judge's bias in favor of unanimity was impermissibly coercive," the decision says.
Gleaton is currently incarcerated at Northern State Prison in Newark. He was represented int he appeal by the state Office of the Public Defender.
The Mercer County Prosecutor's Office declined to comment Wednesday on the decision.
Kevin Shea may be reached at kshea@njadvancemedia.com. Follow him on Twitter@kevintshea. Find NJ.com on Facebook.