PITTSBURGH — A Pennsylvania court has denied an appeal from a man convicted of killing a police dog, dismissing his argument that a juror should have been removed for crying during the trial.
John Rush was convicted in 2014 of killing a Pittsburgh police dog named Rocco. One of the jurors started crying as the court listened to a police radio recording with Rocco barking the background.
In a subsequent break at the trial, Rush’s attorney asked the judge to remove her, saying emotion might affect her ability to judge the case fairly. The judge refused.
The Superior Court upheld that decision Thursday, saying Rush did not prove that the juror’s crying affected the impartiality of the panel.