National

Marathon Bombing Suspect: Not Enough Minorities in Jury Pool

Published

10 years ago

February 27, 2015

In this Jan. 5, 2015, file courtroom sketch, Boston Marathon bombing suspect Dzhokhar Tsarnaev, left, is depicted beside U.S. District Judge George O’Toole Jr., right, as O’Toole addresses a pool of potential jurors in a jury assembly room at the federal courthouse, in Boston. (AP Photo/Jane Flavell Collins, File)

DENISE LAVOIE, AP Legal Affairs Writer

BOSTON (AP) — Lawyers for the Boston Marathon bombing suspect asked a judge Thursday to dismiss the indictment against their client or suspend his trial, saying there weren’t enough minorities and younger people in the jury pool.

The move by lawyers for Dzhokhar Tsarnaev came just days before opening statements and testimony are set to begin in his federal death penalty trial.

In their written motion, Tsarnaev’s lawyers say the selection process has undermined the required random summoning of potential jurors. They also say the process violated Tsarnaev’s constitutional right to have a jury that represents a “fair cross section of the community.”

The defense said 1,373 people, summoned from a population of about 5 million in eastern Massachusetts, were originally given numbers based on a random pool order list. New numbers were later assigned, based on when the jurors reported to court to complete written questionnaires.

The defense argues that the reordering undermined the randomness of the selection process and pushed certain groups — including blacks, people under 30 and people who live in Boston — down on the list and made them less likely to be chosen for the jury. Only about half of the 1,373 people summoned were considered based on their written questionnaires or questioned individually.

“This re-ordering, apparently based on non-random factors such as arrival time, had systemic effects on the order. The re-ordering was not random and had nonneutral effects on cognizable groups,” they wrote in their motion.

For example, a statistician hired by the defense found that the reordering of prospective jurors, on average, pushed the number of black jurors back 43 positions in the order of selection and moved potential white jurors up by three positions. Prospective jurors who live in Boston were pushed back 25 positions, and those under 30 moved back 13 slots, the defense said.

The statistician, comparing the reordered jurors to their original order, found there were no prospective black jurors among the first 94 people in the new order. He said there would have been five potential black jurors if the court had kept the jurors in their original order.

The defense also argued that the process violated the constitutional cross-section requirement by allowing people over 70 to opt out of jury service. Tsarnaev’s lawyers said nearly 96 percent of people over 70 who were summoned as potential jurors opted not to serve.

They also argued that the process did not identify enough prospective black jurors. They said although black people make up 6.14 percent of the population eligible for jury service, they make up only 4.25 percent of the list of names drawn for jury selection.

A spokeswoman for prosecutors declined to comment. The judge did not immediately rule on the request.

Tsarnaev, 21, is accused of carrying out twin bombings at the 2013 marathon. The explosions killed three people and injured more than 260.

Opening statements in the trial are scheduled for March 4.

Tsarnaev’s lawyers have argued repeatedly that the trial should be moved out of Massachusetts because of the emotional impact the bombings had in the state and because many people have personal connections to the case. They’ve been turned down three times by Judge George O’Toole Jr. but last week argued before the 1st U.S. Circuit Court of Appeals. The court has not yet issued its ruling.

Jeff Denner, a veteran Boston defense attorney who is not involved in the case, said he doesn’t see a contradiction between the defense push to move the trial out of Massachusetts and its complaint that jurors who live in Boston may have been underrepresented.

“Your first choice would be to get it to a place outside the district of Massachusetts. Your second choice, if you can’t do that, you still want at least the people you identify as perhaps having more favorable viewpoints from a defense perspective,” Denner said.

“I think they’ve made a determination that those people are more likely to be upscale urban dwellers who are likely to be more educated and more likely to be more receptive to the kind of political arguments to be made against the application of the death penalty in this particular circumstance.”

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Oakland Post: Week of October 30 – November 5, 2024

The printed Weekly Edition of the Oakland Post: Week of October 30 – November 5, 2024

Published

23 hours ago

November 1, 2024

Oakland Post

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New Filing: Trump’s Attempts to Overturn 2020 Election Were Part of Private Scheme, Not Official Acts

NNPA NEWSWIRE — The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Published

4 days ago

October 29, 2024

Oakland Post

Jack Smith during a statement regarding the indictment of Donald J. Trump. (Wikimedia Commons)

By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

Special Counsel Jack Smith has delivered a powerful legal blow to former President Donald Trump, unveiling new evidence that the twice-impeached Trump’s efforts to overturn the 2020 election results were part of a private scheme rather than actions taken in his official capacity as president.

In a 165-page legal brief unsealed Wednesday, Smith provided new details about Trump’s behind-the-scenes maneuvers to subvert the election, including pressure campaigns targeting key officials, attempts to create false electors, and private discussions with his vice president, Mike Pence.

The filing reveals the extent of Trump’s interactions with figures such as attorney Rudy Giuliani and other senior officials, some of whose names were withheld. Trump persisted with a plan to undercut Joe Biden’s victory despite numerous warnings from people in his circle that his claims of a stolen election were untrue.

Smith’s brief is part of a broader strategy to prove that Trump can face trial for his actions, even after a Supreme Court ruling granted him immunity for official acts as president. The special counsel argues that Trump’s efforts to enlist Pence in blocking Congress’s certification of the election results were part of a private, illegal campaign to retain power, not part of his official duties.

“At its core, the defendant’s scheme was a private criminal effort,” Smith wrote in the filing. “In his capacity as a candidate, he used deceit to target every stage of the electoral process.”

The document provides new evidence of Trump’s attempts to sway election officials in critical swing states to alter the results in his favor. The brief quotes a lawyer advising Trump, who gave an “honest assessment” that his claims of widespread fraud would not withstand scrutiny in court. Yet, Trump dismissed the warning. “The details don’t matter,” Trump said, according to the filing.

Further, the brief recounts private conversations between Trump and Pence, in which Pence urged Trump to accept defeat and consider another run in 2024. Trump, however, expressed reluctance, saying, “2024 is so far off.”

Smith’s filing depicts Trump’s actions as part of a desperate and illegal campaign to remain in power after losing the 2020 election. The brief also points to Trump’s reliance on Giuliani and other private allies in his election subversion attempts, asserting that none of these efforts fell under the scope of presidential duties.

“The defendant asserts that he is immune from prosecution for his criminal scheme to overturn the 2020 presidential election because, he claims, it entailed official conduct,” the filing reads. “Not so. Although the defendant was the incumbent president during the charged conspiracies, his scheme was fundamentally a private one.”

A sealed appendix to the legal brief contains FBI interviews, search warrant affidavits, and grand jury testimony that might soon become public. Smith’s filing builds on the indictment released last year, expanding the evidence and reinforcing the argument that Trump’s conduct was criminal and not shielded by presidential immunity.

Smith concluded the brief with an explicit request to the court: “The government respectfully submits that the defendant’s conduct described in this motion is not subject to presidential immunity and that he should face trial for his private acts of subversion.”

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Special Interview: Rep. Barbara Lee Discusses Kamala Harris’ Plan for Black Men

On Oct. 16, California Black Media (CBM) spoke with Harris-Walz campaign surrogate, Congresswoman Barbara Lee (D-CA-12), who shared more insights on Harris’ agenda and the importance of securing the Black Male vote. “She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.” The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour.

Published

5 days ago

October 28, 2024

Oakland Post

(File Photo) U.S. Congresswoman Barbara Lee (D-13-Oakland) chides Justices on the Supreme Court of the United States for voting to strike down Affirmative Action. She is shown here speaking in front of the California Reparations Task Force in Oakland on May 6, 2023. CBM photo by Antonio Ray Harvey. By Edward Henderson, California Black Media

By Edward Henderson, California Black Media

Last week, the Kamala Harris campaign released its Opportunity Agenda for Black Men.

“She has said very clearly that she wants to earn the vote of everyone. And that means earning the vote of Black men,” said Lee of Harris. “She understands the systemic and historic challenges that Black men have. You haven’ t heard of a presidential candidate coming up with a concrete actual plan and policy agenda.”

The agenda includes five focus areas based on insights she gleaned from hosting discussions with Black men during her Economic Opportunity Tour:

Provide 1 million loans that are fully forgivable to Black entrepreneurs and others disadvantaged groups to start businesses.
Champion education, training, and mentorship programs that help Black men get good-paying jobs in high-demand industries It will also develop more accessible pathways for Black men to become teachers.
Support a regulatory framework for cryptocurrency and other digital assets so Black men who invest in and own these assets are protected.
Launch a National Health Equity Initiative focused on Black men that addresses sickle cell disease, diabetes, mental health, prostate cancer, and other health challenges that disproportionately impact them.
Legalize recreational marijuana and creating opportunities for Black Americans to succeed in this new industry.

“[Vice President Harris] knows that Black men have long felt that too often their voice in our political process has gone unheard and that there is so much untapped ambition and leadership within the Black male community,” the language in the agenda states. “Black men and boys deserve a president who will provide the opportunity to unleash this talent and potential by removing historic barriers to wealth creation, education, employment, earnings, health, and improving the criminal justice system.”

Diving into Harris’ agenda, Lee says, reminded her of her own record of supporting Black men over the years as an elected official. In the 90’s, she established the first California Commission on African American Males through which she pressured the state to address urgent economic, health and social challenges specific to Black men.

“No group of people are a monolithic group of people,” said Lee She’ s not taking any vote for granted. I’ve known her over three decades and I believe she is being herself. She’ s authentic,” Lee added.

Each of the 5 key points addressed in the Harris Campaign’s agenda, Lee says, has additional clauses that can potentially help Black men and their families thrive. This includes lowering rent; up to $25,000 in downpayment help for first time homebuyers; and cutting taxes for Black men in lower-wage jobs by increasing the Earned Income Tax Credit maximum to $1,500.

“I think the messages is one of empowerment for Black men — regardless of whether they’ re a blue-collar worker, if they’ re not working, if they’ re in business, if they’ re an entrepreneur, whatever background or whatever they’re doing or experiencing life. I think the authenticity of their experience can only be articulated through them,” said Lee.