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Marathon Bombing Suspect: Not Enough Minorities in Jury Pool

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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.

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Community

Asm. Corey Jackson Announces Launch of 24-Hour Childcare in His District

Assemblymember Corey Jackson has secured $2 million in state funding for a proposed childcare special district in Moreno Valley and Perris. This funding aims to establish a system providing 24-hour, seven-day-a-week childcare, which would be California’s first special district focused solely on childcare. The initiative seeks to address the area’s designation as a “childcare desert” and high costs for working families. The funding will cover startup, planning, and formation costs for the district. Read more about the specifics of this groundbreaking initiative.

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Assemblymember Corey Jackson (D-Moreno Valley). File photo.

Assemblymember Corey Jackson (D-Moreno Valley) has secured $2 million in state funding to launch a proposed childcare special district serving families in Moreno Valley and Perris, paving the way for a system designed to provide childcare 24 hours a day, seven days a week.

The Moreno Valley-Perris Childcare Special District would be the first special district in California focused specifically on childcare, according to Jackson’s office. The state funding will cover startup, planning, and formation costs and help the district meet requirements set by the Riverside Local Agency Formation Commission, or LAFCO.

The proposed district would coordinate a mixed-delivery childcare system that could include home-based and center-based care. The goal is to provide universal childcare for families who work overnight, early morning, or other nontraditional shifts.

Jackson’s office says Moreno Valley is a certified “childcare desert,” with licensed childcare spaces available for only 15% of children with working parents. Infant care in Moreno Valley averages $2,776 a month, or about 35.7% of median household income. In Perris, licensed infant care can cost more than 60% of an individual worker’s gross median earnings, according to the assemblymember’s office.

“Securing this $2 million in startup funding is a monumental victory for the working-class families of Moreno Valley and Perris who have been trapped in a childcare desert for far too long,” Jackson said.

The proposal follows Jackson’s unsuccessful effort to establish the district through Assembly Bill 2083. The legislation would have created the district as a dependent special district covering Moreno Valley, Perris and their spheres of influence, with Riverside LAFCO responsible for reviewing its formation and boundaries.

The new funding allows the district’s formation to move forward without requiring mandatory contributions from local school districts and other stakeholders, according to Jackson’s office. His spokesperson, Daniel Peeden, said Jackson hopes the district can be operating by 2028.

The proposal has faced questions from some local officials. Moreno Valley City Councilmember Ed Delgado, who is running against Jackson for the 60th Assembly District seat, said he supports affordable childcare but questioned how the proposed district would operate and how much it would ultimately cost.

“Basically, he didn’t have a plan. We didn’t see a plan,” Delgado said, adding that officials had questions about operating costs, insurance and eligibility.

“It’s going to take a lot more than $2 million to create a special district to provide affordable childcare,” Delgado said.

Delgado has suggested working with existing childcare centers to subsidize costs for local families rather than creating a new agency.

Jackson’s office says the program will lower barriers to “workforce participation” and reduce “affordability anxiety” for young families. This landmark District is poised to trigger a virtuous cycle of economic upward mobility and long-term regional prosperity in the 60th Assembly District, his office added.

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Black History

IN MEMORIAM: The Rev. Leon “Sonny” Clark, Longtime Orange County Pastor and Community Leader, Dies at 72

Rev. Leon William “Sonny” Clark, the longtime pastor of New Spirit Baptist Church in Santa Ana and a prominent faith and community leader in Orange County, passed away on September 9 at the age of 72. Born in Bennettsville, South Carolina, Clark was a U.S. Navy veteran who dedicated his life to service. He served various Southern California churches before leading New Spirit Baptist Church for over 22 years, extending his work into counseling, mentoring, and civic engagement, and supporting the African American community. To learn more about his life and contributions, read more.

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The Rev. Leon “Sonny” Clark. File photo.

Rev. Leon William “Sonny” Clark, longtime pastor of New Spirit Baptist Church in Santa Ana and a respected faith and community leader in Orange County, died Sept. 9. He was 72.

Born Oct. 2, 1953, in Bennettsville, South Carolina, Clark was a U.S. Navy veteran who later built a life of service centered on family, faith, ministry, and community.

Clark began his formal ministry at Metropolitan Baptist Church in Altadena in 1978. After acknowledging his call to ministry in 1980, he preached his first sermon and went on to serve churches throughout Southern California, including Second Baptist Church in Riverside, Mount Vernon Baptist Church in Rubidoux, Antioch Missionary Baptist Church in Pomona, and Friendship Baptist Church in Yorba Linda.

In November 2003, Clark was called to lead New Spirit Baptist Church in Santa Ana, where he served as pastor for more than 22 years. His work extended beyond the pulpit through counseling, mentoring, civic engagement, and efforts to strengthen Orange County’s African American community.

Clark served on the Orange County Heritage Council and supported efforts to preserve and celebrate African American history and culture. He helped organize the Orange County Black History Parade and Unity Festival, served on the Interfaith Committee and the Orange County Transit Authority, and served as president of the Orange County Ministers Conference.

In 2024, the City of Santa Ana recognized Clark for his contributions to the community. He also received the Orange County Southern Baptist Association Hall of Faith Award and was previously honored as Pastor of the Year by the Orange County Heritage Council.

Clark is survived by his wife, Andrea Joyles Clark; six children, Shawn Williams, Le Ondra Clark Harvey, Kyla Coward, Joshua Clark, Marissa Clark and Ashley Clark; grandchildren and great-grandchildren; siblings; extended family; and the New Spirit Baptist Church congregation.

A wake will be held Thursday, Oct. 1, from 4 to 8 p.m. at New Spirit Baptist Church, 701 S. Sullivan St. in Santa Ana, with a remembrance service from 5 to 6:30 p.m.

A Celebration of Life will be held Friday, Oct. 2, at Friendship Baptist Church, 17145 Bastanchury Road in Yorba Linda. Viewing begins at noon, followed by the service at 1 p.m.

Burial will take place Monday, Oct. 5, at 10:15 a.m. at Riverside National Cemetery.

Clark often shared a guiding principle that shaped his ministry: “Start where you are. Use what you have. Do what you can.”

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Economy

Poll: Becerra Widens His Lead Over Hilton; Californians Split on Wealth Tax

A new Public Policy Institute of California poll shows Democrat Xavier Becerra leads Republican Steve Hilton by 22 points in California’s governor’s race, with 60% of likely voters supporting Becerra compared to 38% for Hilton. The September survey also reveals Californians are closely divided on a proposed one-time tax on billionaires, with 52% of likely voters in favor of Proposition 40. Affordability issues are a major factor for voters. Read more to learn about the poll’s additional findings on voter sentiment.

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Democrat Xavier Becerra and Republican Steve Hilton.

Democrat Xavier Becerra holds a 22-point lead over Republican Steve Hilton in California’s governor’s race, while voters remain closely divided over a proposed one-time tax on billionaires, according to a new Public Policy Institute of California poll.

The September PPIC survey found that 60% of likely voters support Becerra, compared with 38% for Hilton. His lead is actually narrower than it was in July, when he led Hilton 61% to 36%.

Becerra leads among independent voters, with 57% supporting him compared with 38% for Hilton. Party loyalty remains strong, with 93% of Democratic likely voters backing Becerra and 92% of Republicans supporting Hilton. 

Hilton leads in the Central Valley, where 52% of likely voters support him compared with 46% for Becerra.

Affordability remains a major factor: 65% of likely voters say candidates’ plans to address cost-of-living issues are “very important” to their vote.

“Affordability continues to be top of mind for Californians when considering their choice for governor,” said Mark Baldassare, PPIC Statewide Survey director and Miller Chair in Public Policy.

The poll also found a narrow split over Proposition 40, a proposed one-time tax of up to 5% on taxpayers with assets exceeding $1 billion. Fifty-two percent of likely voters said they would vote yes, while 46% said they would vote no.

Support for the wealth tax varies sharply by party. Seventy-two percent of Democrats favor Proposition 40, compared with 46% of independents and 21% of Republicans.

Two competing measures also drew majority support. Fifty-one percent back Proposition 41, while 54% support Proposition 42, both of which could affect the wealth-tax proposal.

The findings come as Californians express broader frustration with the state’s political direction. Seventy-one percent of likely voters expect bad economic times in California over the next year.

“Californians are clearly grumpy and aren’t enamored with any particular political party or movement,” Baldassare said.

The survey interviewed 1,745 California adults, including 1,103 likely voters, from Sept. 4-10. The margin of error for likely voters is plus or minus 3.8 percentage points.

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