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2015 Federal Trialtrial-daytrial-dayjury_selectionsidebarDay 26 - March 3, 2015The court accepted the defense’s stated nonracial reasons for three challenged juror strikes and announced 18 selected trial jurors and alternates.
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Day 26 - March 3, 2015

Reverse Batson Challenge and Selection of Trial Jurors

Judge George A. O'Toole Jr.
6Proceedings
3Pages
0Witnesses
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Day 26 of 67

The court accepted the defense’s stated nonracial reasons for three challenged juror strikes and announced 18 selected trial jurors and alternates.

Full day summary

The parties began peremptory challenges, with the government going first and strikes recorded on a circulating form. At sidebar, the government raised a reverse Batson challenge to defense strikes of prospective jurors 308, 350, and 390, alleging exclusion of Latino jurors. The defense disputed that a prima facie showing had been made. David Bruck cited law-enforcement ties and career ambitions for juror 308 and strong death-penalty views for jurors 350 and 390 as reasons for the strikes. The government acknowledged plausible nonracial reasons but maintained its objection. The court accepted the defense’s proffer of non-ethnic or racial-based reasons, and challenges continued one at a time. After the strikes were completed, the court announced 18 selected trial jurors and alternates and excused the remaining prospective jurors. The selected group was directed to logistical orientation. The court recessed until the following morning, when the jury was scheduled to be sworn and presentation of the case was to begin.

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