After plenty of heartache, tears and evidence, it turned out the case involving Jeffrey Basil – who was previously convicted of second-degree murder of Silver Creek native William Sager Jr., as well as tampering – actually came down to a juror.

Last week, New York State Supreme Court Judge Penny M. Wolfgang granted Basil’s defense team’s motion to toss the guilty verdict. Wolfgang criticized one of the jurors – Juror 12, a woman from East Concord – who failed to inform attorneys of her prior military experience and arrest record during jury selection right before Basil’s trial.

Though the charge against the juror, an alleged theft of jewelry in 1997, was dropped, Wolfgang was not sympathetic. “Her answers throughout the hearing were evasive and inconsistent,” the judge said. “Despite having taken a solemn oath to ‘answer truthfully questions asked them relative to their qualifications to serve as jurors in the action,’ Juror No. 12 did no such thing. She did not answer truthfully questions put directly (and indirectly) to her (during jury selection) and concealed information from the Court and the parties.”

Not considered in Wolfgang’s ruling was Juror 12 spoke against the conviction of Basil during deliberations only to later change her mind. That should have counted for something.

Now a man who was present during an area native’s death in a Buffalo bar could be off the hook. Is justice really being served here?