A retrial has been ordered for Travis Polo, a Gonzales man who was convicted and sentenced to hang for a murder that occurred in the district in 2008. The Justices of Appeal Prakash Moosai, Charmaine Pemberton, and Gillian Lucky made this decision after upholding Polo’s appeal and reversing his conviction for the murder of electrician Jamal Bernard.
Polo’s original conviction and death sentence in January 2020 were appealed based on three grounds that pointed out errors made by the judge during the trial process. The Appeal Court found these errors tainted the trial, leading to the retrial order.
In a unanimous ruling, written by Lucky, the Appeal Court provided guidance to trial judges on jury directions related to alibi and the procedure for police in verification exercises. The court encouraged judicial officers to closely follow specimen jury directions available online and suggested adopting practices used in other jurisdictions to improve the trial process.
Lucky recommended a 12-step procedure for judges to adopt and reminded the police of the six-step process for verification exercises to ensure fairness to the suspect/accused. Additionally, the court emphasized the importance of maintaining the integrity of the trial process, especially during jurors’ deliberations.
The judges declined to apply the proviso in Polo’s case, dismissing the appeal due to “material errors” present. Instead, they ordered a retrial considering the severity of the offense, criminal procedure rules, and the option of bail for murder charges.
Certain evidence contested by Polo’s attorneys during the appeal cannot be used in the new trial, but the prosecution was guided on what evidence is admissible. Polo was represented by Jagdeo Singh and Vasheist Seepersad, while Wayne Rajbansie represented the State during the appeal process.
