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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.
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