Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, October 12, 1993 TAG: 9310120130
SECTION: NATIONAL/INTERNATIONAL PAGE: A-8 EDITION: METRO
SOURCE: Associated Press
DATELINE: LOS ANGELES LENGTH: Short
Superior Court Judge John Ouderkirk removed a black woman in her 60s who had said in open court that she was struggling to understand issues in the highly charged case against two black defendants.
The judge replaced the woman, identified only as juror 373, with an Asian woman who appeared to be in her 20s, chosen by lottery from three alternates. The jury now has three blacks, four Hispanics, three whites and two Asians.
Attorneys for the two defendants, Damian Williams and Henry Watson, objected to the prosecution's request for the juror's removal. The judge denied their request to postpone his decision until they could appeal.
"This is basis for a mistrial or a new trial," attorney Edi Faal said outside court.
Prosecutors declined to comment.
In a note to Ouderkirk, the jury forewoman said 11 jurors voted to have the woman removed because she was interfering with deliberations.
The note said the woman "cannot comprehend anything that we've been trying to accomplish. We tried patiently to talk and work with her, all to no avail.
"It is unanimous and we feel she shouldn't continue in the deliberations. This has nothing to do with her views on issues or her personally. She doesn't use common sense.
"Lastly, just when we've made progress in final decisions she is totally oblivious to what were discussed or decided."
Ouderkirk replaced the woman after several jurors were interviewed in a closed-door hearing.
by CNB