Message Boards
Backgroud
Documents
Video
Who's Who?
Chronology
map
Prosecution Witnesses
 
Updated November 7, 2000, 2:30 p.m. ET
Judge backs jury selection in Carruth trial  
  

CHARLOTTE, N.C. (AP) — Prosecutors in the Rae Carruth murder trial have done nothing wrong in excluding blacks as jurors, a judge ruled Tuesday.

Judge Charles Lamm ordered prosecutors on Monday to answer defense claims that jury selection has been biased against blacks, particularly black men.

Lamm asked prosecutors on Tuesday to give reasons other than race and gender for dismissing eight of 11 black potential jurors, including all four black men who said they could impose the death penalty.

Assistant District Attorney David Graham went down the list of all eight jurors in question, citing reasons from their ages being too close to Carruth's — an indicator of potential sympathy for the defendant — to equivocal answers to questions about imposing the death penalty.

"From the state's perspective, this case is not about race," Graham said. "The victim, Cherica Adams, was African-American. Her son also is African-American; so are many of the state'switnesses."

Carruth, a former Carolina Panthers player, is charged with murdering Adams. She was eight months' pregnant with his child when she was shot Nov. 16 as she sat in her car. She died a month later, but the baby boy survived.

If convicted, Carruth, who is charged with masterminding a plot to kill Adams to avoid paying child support, faces life in prison or the death penalty.

Graham also noted that there are three blacks on the jury, including the first juror selected by the state, a black woman.

Defense attorney Chris Fialko told the judge the state's reasons were not sufficient to exclude the eight jurors.

"These reasons are a pretext for their efforts to exclude African-American males from this jury," he told the judge.

But after reviewing the dismissals of each of the eight jurors, Lamm rejected the defense's challenge.

"After considering the state's rebuttal, the court finds all of the reasons articulated by the state are supported by the record," the judge said.

So far, 11 jurors have been selected. One more juror and four alternates must be seated before testimony can begin.

 

 
 


advertisement
©2000 Courtroom Television Network LLC. All Rights Reserved.
Terms & Privacy Guidelines

Small Court TV Logo