Convictions thrown out in New York's Crown Heighs slaying

NEW YORK (AP) -- The convictions of two men in the 1991 fatal stabbing of a Jewish rabbinical student were tossed out Monday by a federal appeals court that found efforts to create a racially balanced jury were flawed.

The 2nd U.S. Circuit Court of Appeals said the trial judge made special efforts that were unconstitutional in an attempt to secure an unbiased jury for the prosecution of Lemrick Nelson Jr. and Charles Price, two black men accused in the racially charged case.

"The trial court's race- and religion-based reconstruction of the jury, whatever its motivation, is impermissible in light of the courts' special commitment to equal protection," the court wrote in a 109-page ruling.

The court ordered a new trial before a properly chosen jury, saying the lower court ended up impaneling a juror who had showed bias during jury selection.

A telephone number for a defense lawyer was busy after the ruling. Prosecutors did not immediately return a telephone message.

The case dates to Aug. 19, 1991, when a black 7-year-old, Gavin Cato, was struck and killed by a Jewish driver from the ultra-Orthodox Lubavitch community that is headquartered in Crown Heights, Brooklyn.

Hours later, a gang of blacks shouting, "Get the Jew!" fatally stabbed rabbinical student, Yankel Rosenbaum, 29. The violence over the next two days -- including 188 injured and angry crowds breaking windows, shouting "Heil Hitler!" and burning the Israeli flag -- reverberated around the world.

Nelson, then 16, was charged with killing Rosenbaum but acquitted in state court. In federal court, he was convicted of violating Rosenbaum's civil rights. He was sentenced to 20 years in prison, along with Price, who was videotaped provoking the rioters.

A grand jury declined to charge the driver, Yosef Lifsh, who later moved to Israel.