High profile India-born fashion designer Anand Jon, convicted for sexually assaulting upcoming models lost his appeal for a fresh trial in his case after a court in Los Angeles dismissed the request sought on grounds that a juror had improperly contacted his sister.
The lawyers for Jon had requested for a new trial citing the misconduct but the Los Angeles County judge ruled that the juror's contact with the defendant's sister before the verdict did not prevent the designer from getting a fair trial.
Defense lawyers alleged that Juror Alvin Dymally twice reached out to Jon's sister Sanjana near the end of the trial, possibly seeking a date, and then voted for a conviction after she refused to meet him alone, the Los Angeles Times reported.
Jon, 35, was convicted on 16 counts of rape and other charges last year after allegations that he lured aspiring models to Los Angeles and sexually assaulted them.
After the judge's ruling, prosecutors immediately filed a sentencing memorandum in which they asked that Jon be imprisoned for the maximum possible under the law -- three terms of 53 years and six months to life.
A tearful Sanjana told reporters outside the court: "It's a travesty of justice... I believed in the justice system. I did not go meet up alone with him. If I had, this today wouldn't be happening," she was quoted as saying by LA Times.
Outside courtroom after the verdict was pronounced Sanjana confronted Dymally, a Los Angeles building inspector.
"It's our lives you're playing with," she told him. "You know the truth." The juror left in silence.
Sanjana along with her mother had come also to New Delhi, urging the government to intervene in the case so that Jon would get a fair trial in the US.
Seen as a rising talent in the fashion industry, the Beverly Hills designer worked with celebrities like Paris Hilton and Mary J Blige and appeared on the TV show "America's Next Top Model" before his arrest in 2007.
Dymally had insisted that his contact with Sanjana Jon came after the trial.
According to a transcript filed by prosecutors, the phone recording of their conversation shows that the juror complimented Sanjana several times, telling her, "I think that you're really sexy" and suggesting that they meet afterward.
"Definitely, we will," Sanjana replied.
Prosecutors said they believed Dymally did speak to her before the verdict but said a fresh trial cannot be granted on such flimsy grounds, the LA Times said.
Jon's sentencing has been set for next month, with contempt hearings for his sister and Dymally to follow in September.
