Judge dismisses entire 112-member jury pool over lack of racial diversity
An Iowa judge on Tuesday called a halt to a black man’s murder trial and dismissed the entire jury pool of over 100 people because it didn’t have racial diversity.
Defendant Tyrone Washington Jr., 41, had previously been granted a change of venue to have the case tried in Webster County because of the lack of black residents in Worth County. However, only one potential juror identified as nonwhite (Native American) out of 112 in the Webster County jury pool called for his case, the Associated Press reports.
KIMT and the Mason City Globe Gazette also have stories.
“We are not saying it’s done intentionally, but the system is broken in Webster County and this court needs to fix it for Mr. Washington’s rights to be upheld,” attorney Charles Kenville, who represents Washington, told the newspaper.
Noting that census data showed the population in Webster County to be nearly 5 percent black, Kenville argued that the jury pool should reflect that. The chance of conviction is cut by 10 percent if even one juror is black, he said.
Potential jurors currently are called based on voter registration and state motor vehicles records. Kenville suggests that utility bill records and lists of those receiving disability or unemployment benefits could be added to the mix to ensure diversity.
Washington is charged in the 2013 stabbing death of Justina Smith, 30. The victim is described in news reports as both his then-girlfriend and his ex-girlfriend.
He is being held in lieu of $500,000 bail.
See also:
ABA Journal: “Churning up the Jury Pool”
ABAJournal.com: “‘Rigged’ jury pool has no black men, lawyer complains; judge then issues gag order”
ABAJournal.com: “First Hispanic judge to head Chicago-area federal court district says juries need to be more diverse”
