Publication Date: Friday, March 18, 2005
Jury selection slowed by media coverage
Jury selection slowed by media coverage
(March 18, 2005) Many admitted bias toward police or Hopkins
by Bill D'Agostino
Jury selection in the trial against two Palo Alto police officers accused of unlawfully beating a black motorist stretched into a fourth day on Thursday morning, longer than originally predicted.
There were a myriad of reasons for the delay, but a major one appeared to be the number of potential jurors who had read or heard media coverage of the trial and, as a result, felt biased.
Santa Clara County Superior Court Judge Andrea Bryan excused numerous jurors on Tuesday and Wednesday who said they couldn't put what they already knew about the Palo Alto case out of their mind.
Asian-American officers Michael Kan and Craig Lee are on trial for their handling of Albert Hopkins, a black man who was sitting in his gray Honda in Palo Alto around 10:30 p.m. when approached. The incident eventually turned violent; Kan and Lee pepper-sprayed Hopkins and later beat him with batons.
Many potential jurors had read a San Jose Mercury News article on Monday morning that explained the incident had caused a stir in Palo Alto and raised racial tensions in the community.
The article also reported on the judge's rulings last week. It explained some facts that jurors will never hear about in the courtroom, including a $250,000 settlement between the alleged victim, Albert Hopkins, and the City of Palo Alto. Also in the story was a ruling that jurors won't hear allegations that Hopkins sexually harassed women.
Potential jurors are told to avoid media reports about the case, but many of the 160 called to jury duty had already been exposed to news of the trial on Monday morning. Avoiding such coverage is likely to get trickier as the trial heats up. At least five reporters were in the courtroom Wednesday afternoon, when opening statements were expected to begin.
A Hispanic man said that while reading about the settlement, he began believing the officers must have done something wrong. "That says something to me right there," he said.
One white San Jose woman who read Monday's news report wondered why it took two officers to restrain Hopkins. Asked on Wednesday if she could put the facts she read aside, she told the judge, "I don't feel that sure of myself."
About half of the 160 jurors were initially excused because they felt the trial's length would be a hardship, either economically or because they had already paid for vacations during the expected timeframe.
Later in the week, the attorneys questioned potential jurors about their feelings regarding police using force and racism.
One older black woman, grilled by a defense attorney, said that although police once questioned her in connection to a high-profile crime, she could weigh the two sides fairly.
"There's always a right and a wrong," she told the defense attorney. "There's always two sides to every story."
When defense attorney Harry Stern used a "preemptory challenge" on Thursday morning to remove the woman, he was accused of doing so because of the woman's race.
"I think that challenge was racially motivated,'' Deputy District Attorney Peter Waite said.
The judge denied his objection, in part because there was still another black male juror on the panel.
Both the prosecution and the defense started the week with 20 challenges to remove potential jurors without reason. By the end of the day on Wednesday, they hadn't used even half that number. The judge removed many more potential jurors herself after they admitted bias.
A few Vietnamese-Americans who live in San Jose were excused after saying their views were colored by a controversial incident in 2003 when San Jose police officers shot and killed a Vietnamese-American mother of two. She was holding a vegetable peeler in her kitchen but officers said they thought it was a weapon.
Others said they were too favorable of police in general to give the officers a fair hearing.
When pressed by Waite, a white air force veteran said he would have a hard time convicting the officers for a small technicality and admitted he might find the trial a waste of time.
The potential juror's dismissal highlighted an irony in the jury selection process. While district attorneys typically want jurors who are favorably disposed to police officers -- since prosecutors rely on officers' testimony to convict defendants -- Waite is looking to remove those with that bias in this trial.
"In any other case, you'd be my ideal juror," Waite told the man.
Bay City News contributed to this report.
Staff Writer Bill D'Agostino can be e-mailed at bdagostino@paweekly.com
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