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High Court to Consider Appeal Over Exclusion of Black Jurors

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In this Oct. 3, 2014 file photo, the Supreme Court is seen in Washington. Americans’ confidence in all three branches of government is at or near record lows, according to a long-running and widely respected survey that’s measured Americans’ attitudes on the subject over the last 40 years. The 2014 General Social Survey finds only 23 percent of Americans have a great deal of confidence in the Supreme Court, 11 percent in the executive branch and only 5 percent have a lot of confidence in Congress. By contrast, half have a great deal of confidence in the military. (AP Photo/Susan Walsh, File)

In this Oct. 3, 2014 file photo, the Supreme Court is seen in Washington. (AP Photo/Susan Walsh, File)

SAM HANANEL, Associated Press

WASHINGTON (AP) — The Supreme Court will consider whether prosecutors improperly singled out potential black jurors in notes and then excluded them all from the death penalty trial of a black Georgia man accused of murder.

The justices agreed Tuesday to hear an appeal from Timothy Foster, who was sentenced to death in 1987 after being convicted of murdering a 79-year-old white woman in Rome, Georgia.

Lawyers for Foster are relying on prosecutors’ notes they discovered 19 years after the trial through an open records request.

The notes show that the name of each potential black juror was highlighted on four different copies of the jury list and the word “black” was circled next to the race question on questionnaires for the black prospective jurors. Three of the prospective black jurors were identified in notes as “B#1,” ”B#2,” and “B#3.”

The notes also show that the prosecutors’ investigator ranked the black prospective jurors against each other in case “it comes down to having to pick one of the black jurors.” Prosecutors struck all four black jurors out of the 42 qualified by the trial court to serve on the jury.

A Georgia state court sided with prosecutors who said they challenged each of the possible black jurors for legitimate, race-neutral reasons and did not rely on the highlighted jury lists to make their ultimate decisions. The Georgia Supreme Court affirmed.

Just one year before Foster’s trial, the Supreme Court ruled in a landmark 1986 case that it is unconstitutional to dismiss a potential juror because of race.

Georgia officials argue that highlighting, circling or otherwise noting the race of a juror in notes does not show any intent to discriminate. The two prosecutors submitted an affidavit to the state court saying that neither one of them made the green highlight marks noting prospective black jurors.

The state also says the investigator’s comments were not those of the prosecutors and do not indicate the state’s intent.

Foster is being represented by the Southern Center for Human Rights, which provides free legal help to people facing the death penalty and challenges human rights violations in prisons and jails.

The Supreme Court will hear arguments in Foster v. Humphrey, 14-8349, when the court begins its new term this fall.

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Follow Sam Hananel on Twitter at http://twitter.com/SamHananelAP

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

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Community

Mayor Barbara Lee Holds Special State of the City Address in Deep East Oakland

In partnership with Rise East and the 40×40 Council, Oakland Mayor Barbara Lee held a special 2026 State of the City East Oakland community conversation on Oct. 14. The purpose of bringing a State of the City address directly to the community was to celebrate East Oakland, highli

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Oakland Mayor Barbara Lee, left. moderated a community chat with (l.to r.) Selena Wilson, CEO of the East Oakland Youth Development Center; Carolyn “CJ” Johnson, CEO of the Black Cultural Zone; Dr. Noha Aboelata, CEO of Roots Health Center and Greg Hodge, CEO of the Brotherhood of Elders.

In partnership with Rise East and the 40×40 Council, Oakland Mayor Barbara Lee held a special 2026 State of the City East Oakland community conversation on Oct. 14.

The purpose of bringing a State of the City address directly to the community was to celebrate East Oakland, highlight the work underway, and look ahead to what neighbors, local businesses, youth, funders, community organizations, and partners can accomplish together.

Held at the Roots Community Health/Parker Elementary School Campus at 7929 Ney Ave., the event was emceed by special guest Mark Curry, Oakland native, comedian, and actor.

Lee shared how Rise East and the 40×40 Council have brought together the knowledge, relationships, and resources of people and organizations committed to East Oakland.

Residents bring lived experience, community organizations bring trusted relationships and philanthropy, and businesses bring resources and opportunity, she said, then turned to the government’s role: public investment, services and policy.

But, Lee intoned, City Hall has a responsibility to help connect those efforts.

“I am committed to listening to residents, working across departments and sectors, and helping open doors to opportunity. We must connect neighborhood priorities to the decisions we make about housing, economic development, safety, health and our young people.

City Hall “must be accountable for the results,” Lee said.  “The measure of success is what families experience: greater stability, more opportunity and a stronger sense that they belong and have a future here.

“Tonight is an opportunity to listen to the leaders doing this work, learn what is making a difference and identify where we can do more together,” the mayor said.

Lee went on to moderate a ‘fireside chat’ on the theme: Building Oakland’s Future Together — From Neighborhood Investment to Community Empowerment with:

  • Selena Wilson, CEO, East Oakland Youth Development Center
  • Greg Hodge, CEO, Brotherhood of Elders
  • Carolyn “CJ” Johnson, CEO,  Black Cultural Zone
  • Dr. Noha Aboelata, CEO, Roots Health Center

Mayor Barbara Lee’s media relations department provided this report.

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Featured

Opponents Smear Effective African American Transit Director as Election Nears

Incumbent Joel Young is defending his seat on the AC Transit Board against allegations of harassment stemming from a public interaction in 2026. Supporters of the director cite his record of securing $600 million for bus services and leading civil rights initiatives as evidence of his effectiveness. They argue the accusations regarding a group photo interaction have been politically weaponized by opponents to influence the Ward 3 election.

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Joel Young.

I am an academic and a community activist. I take women’s issues, including workplace harassment and discrimination, seriously. I have been following the AC Transit Ward 3 election and have become concerned about what I believe is a serious injustice.

Joel Young is an effective AC Transit director.  He has secured more than $600 million for local bus service and fare affordability. He led the Freedom Bus Project, integrating civil rights history, art and transit. He was presiding over the board of AC transit when it won the 2023 Outstanding Public System Award, and he raised $1 million for the hydrogen fuel cell bus program. These are just a few of his accomplishments.

 I reviewed the allegations of unwanted physical contact and harassment made by AC Transit Director Sarah Syed against Director Joel Young, I believe the events of Sept. 24, 2025, have been characterized in a way that does not accurately reflect what occurred.

That interaction took place during a group photo after celebrating the life of a longtime Board member who passed away. From the video I reviewed, it appears that individuals were consoling one another and exchanging hugs in a public setting surrounded by numerous witnesses.

Young’s interaction with Syed appears consistent with those expressions of sympathy and it appears that Young was attempting to extend a gesture of goodwill toward Syed.

I am concerned by how this incident has been recently used as a political tool to influence the outcome of the AC Transit Ward 3 election and support Young’s opponent.

Syed and her supporters launched a targeted political campaign, first through the Alameda County Democratic Party and subsequently by organizing a letter from a group of majority-white elected officials who have endorsed Young’s opponent against Young, who is Africa American.
Furthermore, this manufactured controversy distracts voters from the critical issues facing AC Transit. The public deserves a substantive debate on service reliability, ridership recovery, passenger and operator safety, financial stability, regional equity, and future transportation infrastructure. The electorate should be evaluating which candidate possesses the judgment, experience, and vision to lead AC Transit forward – not reacting to a distorted personal interaction.

Regardless of one’s political views or preferred candidate, allegations of harassment should never be weaponized for electoral purposes. We all know that exaggerated or unsupported accusations can undermine public understanding of, and trust in, efforts to address genuine sexual harassment and violence.

Kitty Kelly Epstein

Kitty Kelly Epstein

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Activism

Oakland Post: Week of October 14 – 20, 2026

Oakland Post: Week of October 14 – 20, 2026

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