Connect with us

National

Marathon Bombing Suspect: Not Enough Minorities in Jury Pool

Published

on

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.   Lawyers for Boston Marathon bombing suspect Tsarnaev have asked a judge three times to move his trial out of Massachusetts because of the emotional impact of the deadly attack. Three times, the judge has refused. On Thursday, Feb. 19, Tsarnaev’s defense team will ask a federal appeals court to take the decision out of the hands of O’Toole Jr. and order him to move the trial. They insist that Tsarnaev cannot find a fair and impartial jury in Massachusetts because too many people believe he’s guilty and many have personal connections to the marathon or the bombings. (AP Photo/Jane Flavell Collins, File)

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.”

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Activism

Six Months in, Probate Reform Coalition Marks Progress in Protecting Elders From Financial Abuse

Despite the cited obstacles, NPRC has made some promising inroads towards their mission.  NPRC has identified that nationwide the Attorneys General must be engaged and encouraged to implement oversight, protection and enforcement of the law; members find support from each other as they advocate for redress via “letters of compassion” sent to judges, nursing facilities and law enforcement agencies and members are instructed on their rights, how to take constructive action to protect those rights through access to resources that allow them to intelligently represent themselves in court.

Published

on

NPRC member Stewart E. Handte, a former Mineral County, Nevada, Sheriff and 27-year veteran of police work, currently wears an ankle monitor after he was arrested on kidnapping charges for helping his friend, Roger Hilligus, remove Hilligus’ mother, Susan Hilligus, from a nursing facility after finding her bruised and neglected. NPRC has submitted a “Letter of Compassion” for both Handte and Hilligus requesting that charges be dropped. Courtesy photo.
NPRC member Stewart E. Handte, a former Mineral County, Nevada, Sheriff and 27-year veteran of police work, currently wears an ankle monitor after he was arrested on kidnapping charges for helping his friend, Roger Hilligus, remove Hilligus’ mother, Susan Hilligus, from a nursing facility after finding her bruised and neglected. NPRC has submitted a “Letter of Compassion” for both Handte and Hilligus requesting that charges be dropped. Courtesy photo.

By Tanya Dennis

The National Probate Reform Coalition, a loose-knit national coalition of advocates, victims, and families dedicated to protecting elder rights, especially within the probate court system, was formed by the Post Newspaper Group (PNG) after more than a decade of reporting on the mistreatment of elders and the plunder of their estates.

In response, PNG Publisher Paul Cobb set in motion a series of monthly town halls to address the problem and propose workable solutions, designating it a “year of action.”

At six months, the coalition has attracted families, advocates, and experts across the nation whose strategies have proven effective in their respective states, and who are moving forward collectively with the mission of engaging judicial, legislative, and enforcement agencies to ensure elders are not exploited or abused.

“The issue of elder abuse is multi-layered”, says NPRC planning committee member Venus Gist.  “Elders are our most vulnerable population, next to children, and they are easily exploited by strangers, their own family members, and the judicial system designed to protect them.”

Since January, NPRC has, via monthly virtual meetings held on the first Thursday of each month, clearly defined the issues and formulated workable solutions that can be implemented nationwide.

“There are amazing laws on the books that protect elders and their assets,” said NPRC member Zakiya Jendayi. “The problem is they are ignored, and that lack of oversight has led to systemic abuse in the Probate Court system, not just in Alameda County, but nationwide.

“The scary part is the collusion and wall of silence NPRC has encountered when reaching out to the Judicial Council, legislators, and the State Bar for assistance.  It’s so obvious that one hand is washing the other, that they’re protecting each other, that it’s difficult to initiate any type of meaningful reform much less dialogue.”

Despite the cited obstacles, NPRC has made some promising inroads towards their mission.  NPRC has identified that nationwide the Attorneys General must be engaged and encouraged to implement oversight, protection and enforcement of the law; members find support from each other as they advocate for redress via “letters of compassion” sent to judges, nursing facilities and law enforcement agencies and members are instructed on their rights, how to take constructive action to protect those rights through access to resources that allow them to intelligently represent themselves in court.

Stacy Drake, a Texas member, says, “I’ve been looking for help for over 10 years with my situation, and I finally found it within the NPRC coalition.  God answered my prayers.”

Broadening its reach within Alameda County, NPRC has invited Oakland Mayor Barbara Lee to assist with outreach, education, and resolution.

“We hope to host an elder abuse/elder protection symposium annually, if not twice a year, to let our elders know that Alameda County and the City of Oakland are a safe place, a place where in their golden years they have no worries regarding exploitation and abuse,” said Cobb. “Society is defined by how the care for its children and elders.”

Continue Reading

Bay Area

UC Berkeley Named Top Public University in the U.S. and No. 7 in the World by ‘U.S. News’

Berkeley has been consistently awarded the distinction of the U.S.’s top public university since the Best Global Universities list was first published in 2014. “A strong position in the Best Global Universities rankings recognizes a school’s profound commitment to world-class research and cross-border academic excellence,” said LaMont Jones, managing editor for education at U.S. News.

Published

on

Photo by Keegan Houser/UC Berkeley.
Photo by Keegan Houser/UC Berkeley.

The 2026 Best Global Universities rankings evaluated 2,250 research institutions from more than 100 countries

By Lila Thulin

U.S. News & World Report has ranked UC Berkeley No. 7 in its 2026 list of the best global universities, which assesses more than 2,250 research institutions worldwide.

Berkeley also claimed the honor of top public university in the U.S.

Released on Monday, the list evaluates universities from more than 100 countries on 13 metrics such as global and research reputation (as reported by academics and peers) and number of highly cited scholarly papers.

Berkeley has been consistently awarded the distinction of the U.S.’s top public university since the Best Global Universities list was first published in 2014.

“A strong position in the Best Global Universities rankings recognizes a school’s profound commitment to world-class research and cross-border academic excellence,” said LaMont Jones, managing editor for education at U.S. News.

The rankings also assess a university’s strength in various subject areas; these assessments are separate from U.S. News’ 2026 Best Graduate Programs rankings released in April.

This year, Berkeley was named in the top three nationally in seven subject areas – environment/ecology, ecology, water resources, physics, computer science, chemistry, and engineering – and in the top five for a total of 17 subjects. Subject rankings are based heavily on scholarly publications and citations as well as reputation.

In September, U.S. News also released its 2026 Best Colleges list, in which Berkeley was also named the No. 1 public institution among American universities.

That honor joins other accolades judging campus to be the best public university in the country, such as those from ForbesThe Wall Street Journal and Times Higher Education.

Continue Reading

#NNPA BlackPress

Lock In Car Price: Avoid Dealer Payment Traps!

Watch the long-form video https://youtu.be/YANxGwD2CjI Don’t get swayed by monthly payments! Always settle the out-of-the-door price first, including all fees. Only then discuss monthly payments, terms, and potential add-ons. #AutoNetwork #CarBuyingTips #CarSales #DealershipSecrets #Negotiation
The post Lock In Car Price: Avoid Dealer Payment Traps! appeared first on BlackPressUSA.

Published

on

Watch the long-form video

Don’t get swayed by monthly payments! Always settle the out-of-the-door price first, including all fees. Only then discuss monthly payments, terms, and potential add-ons. #AutoNetwork #CarBuyingTips #CarSales #DealershipSecrets #Negotiation

The post Lock In Car Price: Avoid Dealer Payment Traps! appeared first on BlackPressUSA.

Continue Reading

Subscribe to receive news and updates from the Oakland Post

* indicates required

CHECK OUT THE LATEST ISSUE OF THE OAKLAND POST

ADVERTISEMENT

WORK FROM HOME

Home-based business with potential monthly income of $10K+ per month. A proven training system and website provided to maximize business effectiveness. Perfect job to earn side and primary income. Contact Lynne for more details: Lynne4npusa@gmail.com 800-334-0540

Facebook

Trending

Copyright ©2021 Post News Group, Inc. All Rights Reserved.