Most often, an appeals court may overturn a murder conviction for insufficient evidence, ineffective counsel, or prosecutorial misconduct. But an Alexandria, Louisiana man, Markese Harrell, now has another shot at trial thanks to a juror’s wanderlust. A State of Louisiana appeals court recently threw out his murder conviction because the trial judge improperly replaced a juror who had a planned vacation.
Background of the Murder Case
The defendant, Markese D. Harrell, and the victim, Andrew Steven Myles, were both inmates in the Rapides Parish Detention Center. On May 19, 2022, the Rapides Parish Sheriff's Office stated Harrell attacked Myles while he was taking a nap, ultimately crushing his skull. Myles died the next day from his injuries at the hospital.
Harrell was charged with second-degree murder in Myles’ death. His case went to trial in April, 2025 under District Judge Chris Hazel, with Assistant District Attorneys Chuck Johnson and Kelvin Sanders prosecuting. Harrell pleaded not guilty by reason of insanity.
Judge Decides Not to Ruin Juror’s Vacation Plans
Only two days into the trial, juror Ashley Bordelon was excused and replaced with an alternate. The reason the judge released her from her civic duty? She had a scheduled vacation for the following Monday.
According to the court transcript, Harrell’s attorney, Jermaine Harris, objected to the judge’s decision to remove Bordelon and replace her with an alternate. When asked why, the defense didn’t have a specific answer, but said they wanted the objection on the record. The Court responded, “Okay. You feel like you need to protect your record. All right. Let’s note the Defense’s objection but clearly, the Court doesn’t see another way around this.”
In April 2025, a jury (sans Bordelon) convicted Harrell of second-degree murder for Myles’ death. The trial court issued Harrell a life sentence in prison for the murder.
Defendant Appeals on Grounds of Improper Juror Removal
Harrell’s defense counsel appealed his second-degree murder conviction, citing:
- The trial court’s ruling that the defense struck jurors based on race
- Error in Bordelon’s removal from the jury
- Insufficient evidence to support the conviction
Ultimately, the only reason for appeal that stuck was Bordelon’s removal from the jury.
He Said, She Said
During the appeal, the court cited Article 789 of the Louisiana Criminal Code, explaining that jurors once selected are expected to serve unless they are unable or disqualified from performing their duties. Going on vacation does not qualify as a reason to excuse a juror from an ongoing trial.
Because Bordelon’s upcoming vacation did not deem her incompetent to serve on a jury, the court ruled she shouldn’t have been removed.
But the story gets a little messier. The State defended its removal of Bordelon, citing that she disclosed her upcoming getaway during “voir dire,” or the pre-trial jury selection. The issue here is that the official, word-for-word transcript of the voir dire does not reflect this. Conversely, the first “on the record” mention of her vacation shows Friday, April 25th, 2025 — two days into the trial.
What Does This Mean for Harrell?
Harrell can thank his attorney (and maybe Bordelon’s travel agent) for a successful appeal. Because of the improper juror removal, the Louisiana Third Circuit Court of Appeals reversed his murder conviction and sentence and granted him a new trial. This means Harrell will stand trial (again) for the murder of Andrew Myles.
Related Resources
- In Jail Before Your Trial? Know Your Rights (FindLaw’s Law and Daily Life)
- 7 Key Factors in Setting Bail (FindLaw’s Law and Daily Life)
- What Is the Insanity Defense? (FindLaw’s Learn About the Law)
