BUFFALO, N.Y. -- For Jeffrey Basil, the man found guilty of second degree murder earlier this year in the May 2014 death of William Sager Jr., one juror could make a big difference.
"Juror number 12, a seated juror, did not truthfully answer one of the questions,” said attorney Paul Cambria.
In January, Basil was found guilty of second degree murder in the death of Sager, an Air National Guardsman, who was badly injured after he was launched down a flight of stairs one night at Molly's Pub.
Despite evidence in the trial against him, Cambria said that’s enough to vacate the guilty verdict, but Erie County District Attorney Frank Sedita remained confident.
"We feel confident in both the facts and the law of the case."
Cambria tried to paint a different picture during a court date originally set for Basil's sentencing. Cambria said Juror No. 12 kept Basil from getting a fair trial.
"You can ask yourself whether if you were arrested for a felony, taken in a police car, if you'd ever forget it."
Cambria said the juror was a former Air Reserve member also failed to disclose two years of military experience. She told the court Tuesday she was never directly asked questions about her criminal or military history during jury selection, and that they played no role in her decision to convict Basil.
"The claims by the defense are both factually and legally insufficient to merit the relief that they seek," explained Sedita.
"This is an air guardsman who probably was in the same facility in Niagara Falls as the deceased and the witness for the prosecution so it takes on significance," said Cambria.
Prosecutors said other jurors also had military experience and that Juror No. 12 initially voted on a lesser charge for Basil during deliberations.
If the verdict is vacated, Basil would face second degree murder charges in a second trial. Judge Penny Wolfgang could possibly rule on that when he's back in court next on May 5.