Post by Anja Nieser on Sept 26, 2006 16:19:39 GMT -5
Selection of jurors put under microscope----Lawyers analyzing fairness of
process
The fallout from a burgeoning inquiry into the fairness of how the San
Diego County Superior Court summons jurors for trials rippled through the
downtown courthouse and beyond last week.
While there has been no large-scale effect yet, both private and public
criminal defense lawyers are aware of the potential challenge to the
workings of the jury selection system.
The issue arose when lawyers for a City Heights man facing the death
penalty convinced a judge that they can begin collecting information from
the county about the jury selection.
Lawyers Christopher Plourd and Don Levine contend that the system may be
improperly excluding hundreds of thousands of residents and is drawing in
a disproportionately lower percentage of minority and low-income people
than exists in the population at large.
On Sept. 13, Judge David M. Gill granted their request to go forward with
their analysis of the system. After that is done, the lawyers may bring a
legal challenge if they believe the system is flawed.
There already has been fallout from Gill's ruling.
A murder case that was supposed to go to trial was halted Wednesday by the
4th District Court of Appeal. Lawyers for defendants David Phommachanh and
Konrsavanh Sirypangno, who are facing murder charges in what prosecutors
said is a gang shooting, had asked Superior Court Judge Peter Deddeh last
week to delay their trial until the analysis of the jury system was
complete.
Deddeh denied the request, defense attorney Nancy Rosenfeld said, but when
the defense lawyers appealed, the court of appeals stepped in and ordered
a halt to the proceedings.
The justices will decide only if Deddeh abused his discretion in not
granting the delay, Rosenfeld said, and will likely not deal with the
underlying issue of the jury system.
"We're all kind of in limbo right now," Rosenfeld said.
Before the appeals court acted, three days of jury selection had
transpired. A rough analysis of the surnames of those jurors conducted by
Plourd's statistical expert seemed to support his contention the system is
flawed.
3 panels of about 100 people each were drawn from the jury room without
the court's normal pre-selection process. In that step, which Plourd
contends contributes to the skewing of the overall pool, jurors are asked
to indicate if they are available for a "long case" of a couple of weeks
or "very long case," of longer duration.
After 2 days of jury selection, using only last names that were Hispanic
or Asian, Plourd's expert concluded Hispanics were 45 % underrepresented
and Asians 30 %, compared with the general population.
Using U.S. Census Bureau data from 2005, Asians account for 10 % of the
county population and Hispanics 19 %, according to court papers filed by
Plourd.
"Getting a snapshot like that of a few panels doesn't prove the case,"
Plourd said, "but it does say you better keep investigating."
The law allows some deviation in jury pools from the overall percentage of
specific groups in the larger population. But once that disparity exceeds
a certain point - Plourd said it is at 20 % or more - it can indicate
flaws in the system.
San Diego County Public Defender Steve Carroll said his office is aware of
Plourd's work and is recommending to trial lawyers to raise the issue if
they feel it is appropriate in their case. The office represents most of
the indigent defendants in the county.
Michael M. Roddy, the Superior Court's executive officer, said courthouse
business was not disrupted last week.
"At this point it has not had any impact on our day-to-day operations," he
said. "We have not changed any procedures or practices."
Roddy said that he believes "the system is functioning properly based on
what I know. I'm not prepared to recommend wholesale changes."
(source: Union-Tribune)
process
The fallout from a burgeoning inquiry into the fairness of how the San
Diego County Superior Court summons jurors for trials rippled through the
downtown courthouse and beyond last week.
While there has been no large-scale effect yet, both private and public
criminal defense lawyers are aware of the potential challenge to the
workings of the jury selection system.
The issue arose when lawyers for a City Heights man facing the death
penalty convinced a judge that they can begin collecting information from
the county about the jury selection.
Lawyers Christopher Plourd and Don Levine contend that the system may be
improperly excluding hundreds of thousands of residents and is drawing in
a disproportionately lower percentage of minority and low-income people
than exists in the population at large.
On Sept. 13, Judge David M. Gill granted their request to go forward with
their analysis of the system. After that is done, the lawyers may bring a
legal challenge if they believe the system is flawed.
There already has been fallout from Gill's ruling.
A murder case that was supposed to go to trial was halted Wednesday by the
4th District Court of Appeal. Lawyers for defendants David Phommachanh and
Konrsavanh Sirypangno, who are facing murder charges in what prosecutors
said is a gang shooting, had asked Superior Court Judge Peter Deddeh last
week to delay their trial until the analysis of the jury system was
complete.
Deddeh denied the request, defense attorney Nancy Rosenfeld said, but when
the defense lawyers appealed, the court of appeals stepped in and ordered
a halt to the proceedings.
The justices will decide only if Deddeh abused his discretion in not
granting the delay, Rosenfeld said, and will likely not deal with the
underlying issue of the jury system.
"We're all kind of in limbo right now," Rosenfeld said.
Before the appeals court acted, three days of jury selection had
transpired. A rough analysis of the surnames of those jurors conducted by
Plourd's statistical expert seemed to support his contention the system is
flawed.
3 panels of about 100 people each were drawn from the jury room without
the court's normal pre-selection process. In that step, which Plourd
contends contributes to the skewing of the overall pool, jurors are asked
to indicate if they are available for a "long case" of a couple of weeks
or "very long case," of longer duration.
After 2 days of jury selection, using only last names that were Hispanic
or Asian, Plourd's expert concluded Hispanics were 45 % underrepresented
and Asians 30 %, compared with the general population.
Using U.S. Census Bureau data from 2005, Asians account for 10 % of the
county population and Hispanics 19 %, according to court papers filed by
Plourd.
"Getting a snapshot like that of a few panels doesn't prove the case,"
Plourd said, "but it does say you better keep investigating."
The law allows some deviation in jury pools from the overall percentage of
specific groups in the larger population. But once that disparity exceeds
a certain point - Plourd said it is at 20 % or more - it can indicate
flaws in the system.
San Diego County Public Defender Steve Carroll said his office is aware of
Plourd's work and is recommending to trial lawyers to raise the issue if
they feel it is appropriate in their case. The office represents most of
the indigent defendants in the county.
Michael M. Roddy, the Superior Court's executive officer, said courthouse
business was not disrupted last week.
"At this point it has not had any impact on our day-to-day operations," he
said. "We have not changed any procedures or practices."
Roddy said that he believes "the system is functioning properly based on
what I know. I'm not prepared to recommend wholesale changes."
(source: Union-Tribune)