NET Journal; 269a; Trial: The City and County of Denver vs. Lauren R. Watson. Part 1

i know my name is james warner i'm a professor at harvard law school and a former director of the president's crime commission about to take part in a television first viewing of an actual trial films that happened inside a real courtroom and brought to you by public television the trial took place in the city of denver colorado and field affords a rare glimpse into a process to which our nation is and i think should be committed attempt to resolve its conflicts not by force but by rule of law how ed cherokee an experiment resist erosion causing a disturbance researcher

vision jail and my understanding of it is that show the officer as lauren lewis howes has been warming up here sure sure people there are several he went back to that one week

at stake here is a failure to you misunderstand in the case of city ordinance violations the complaints are prepared by layman in the la police officers therefore city attorneys in prosecuting ordinance violations are trying cases that they didn't commands that they seldom if ever have had a chance to evaluate the evidence before the charges fall another word we take a mistake come and of course there's a case that as a dearth of evidence we dismissed but if there's any credible evidence from that fragmentary notes that the police officer jian xin here's an example of that

city attorneys copy of that ordinance complain that we walk into court and we tried a case based upon the summary once in a while as in the watson case there's even time enough to talk to a witness and find out a little bit more about the case than reflected in the notes he was stopped for a traffic violation led to get out the car i ask him to show in order to see them before or we can return to get my citation and i turned around to use portal for it pursuit in reopened rely start on we would stop at about half a block or by religion dispatches and bald and she's with the louisiana it

will be featuring william the trial the city and county of denver nurses laura mr watson i mean a judges lawyers and law professors have taken a strong position against the filming of trials it's been and continues to be a hotly debated issue the man who made this film feeling did so without disturbing either the decorum of the court process itself perhaps you should reserve judgment that you've watched the four days the trial and enjoy your own conclusions the film follows the course of this trial just as it took place in the order in which i actually happen each day has of course panetta down the five or six actual hours but always in israel chronological order what's left out is the petition much a little lie

conferences over minor letters and sadly some of the strongest language of the lord in a big family consumption in addition to the principles in this case was interviewed before during and after the trial except for the judge who was interviewed only when the case was over those interviews are spread throughout the four days uncertain where they seemed to shed most like say are really in a unique position roughly in the same spot as the various principles will have to be making decisions throughout this trial the tactical legal in fact the actual decisions which will help determine the trials uncle and says this is the first time you might do more than merely watch i hope you will work is no need to think of this trial as a spectator sport ask yourself at every point that anyone makes a decision how would you decide and why alas word before we began in one sense this might look like a relatively unimportant trial the maximum sentence for each misdemeanor count actually charges ninety

days in jail and three hundred dollars and in some respects it's a crucially important case first were about to say is an opportunity for all of us to make some judgments of the trial process itself second it presents one way and certainly most hopeful way that the explosive conflicts in this country are being worked out for the man who brought the charges is a policeman and the defendant defendant was then his most prominent black panther this confrontation is similar in some respects to that the reason chicago conspiracy trial this trial and a small county courtroom may suggest that one can deal with difficult issues in a very different way the key is because many casualties ok we're

on heaven's the purposes me when she's ready and i'm buzzer there and then i make to manage it opponents but if bashir the records show that we are financing a jury trial and he's seeing how you can receive car restored our watson alleged to violations of ordnance going on ladies and gentlemen of the jury panel of the very briefly explained the procedure for picking a jury

in this court's review will fully understand how we do proceed state uses a jury of six that her the jury that will hear this trial will be a jury convicts consisting of six jurors who mattered a method of picking is to have the names of six have you chosen each side will have a total of three a peremptory challenges three chances to excuse if you're you may be not one of those picture may be one of those excused you should not in any way feel as though your time is wasted if you are not a core of you are excused this is the methane leakage areas take a jury panel is absolutely necessary so that the jury system works now before i had any have you called since all of you may be asked questions concerning your competency as jurors and these questions by the way are not to pry into your personal affairs to find out whether in fact you

will be a fair impartial jury as far as one particular besides position is concerned i wanted this time like to have the jury panel as the groups warn to answer all questions truthfully so the whole panoply stan raise their hand and this was a state agencies exchanging genes let me further point out for your information he sees them cameras taking pictures we do have are these gentleman filming this trial for purposes of a young educational our program on the court systems this will not be shown on any new shows in the future but well rather be shown some months from now a national educational television channels i will be asking some of you questions to see whether any of you

might have objections to serving as a juror on a trial is being felt but this is something we will get to in just a little while so that you do understand what the cameras are there not news cameras this for a documentary film at this time i would ask the clerk to call six names in azure name is called have a sea breeze in the jury box the first name closest to the er to the wall ms bisbee questions that you initially then each of the attorneys will be asking

questions and he requested the other members of the panel that are still sitting in the courtroom listened carefully to the questions at some time the procedure you may be asked whether you would have answered questions differently something which are questions about what your answers would be let me also point out that this odd as i stated before is that two charges violation of ordnance is that it is anticipated that this trial will go for longer than one day it is not anticipated that bad that the jurors will be in any way on the rig artist at place for the evening another which will be released to go home the real problem concerning as far as i anticipate being excuse for lunch or too clear on homes the evening let me start out and by asking mr dewayne if i may what's your current address is in your patient twenty seven twenty one cell phones and what you do is to manage the american furniture company on what's called

the mustard wayne and other members of the jury panel i would like to in addition to both attorneys and are going to try this case and hear the witnesses and defendants defend and dan pfeiffer purposes of seeing whether any of you are personally acquainted with the attorneys or with any of the witnesses mr morgan would you introduce yourself it's a really healthy prosecuting this case have two witnesses both denver police officers who are not in uniform in civilian clothes to dave rosser cantwell seek counsel table with me and author of a new cd right behind me think your party mr davis would you introduce yourself that same purpose present witnesses when david kushner for the defendant or watch it at this point only as the rest of

the tour is that a question to do any of you object to the filming of this trial the way i felt when the order at this point over to mr morgan the city attorney to please the court davies members of the prospective jury panel as i'm sure you've had deduced from the preliminary questions asked by the court and addition and shoot the same basis as true for both the city and defense counsel one emphasizes there only purpose of the questions which we're asking is to try to help us determine and maybe even more importantly to help you determine whether or not there are any experiences are formed factors in your background that might make it difficult for you to serve in this particular case first i'd like to tell you what the charge is in this case there are actually two charges from the same ordinance which

show maybe it's an unlawful for any person to resist any police officer any member of the police department when a person to impart with police authority while in the discharge or apparent discharge of his duty or in anyway to interfere with or hinder him in a discharge or a parent this charge is duty now the court will at the conclusion of the case in the jury instructions or the law that apply in this case among which i assume will be that ordinance is there anything in the subject matter but that ordinance that i just read to you that would make it difficult for any of you to say it and serve are on a jury is there anything whatsoever first about the subject matter of the tribes that would just because of the nature the child would influence you toward either side let me ask mr duan is that

you think and then i was twenty nine and save time that their records or anything whatsoever concerns of the man made you feel you could insert into each of you believe that here in the city and county of denver that we should have laws or ordinances that make it unlawful in the context of this ordinance to resist the police officer in the performance of his duty or interfere with in his or anyone feels we shouldn't have a law such as this the court and now i'm giving instructions to the jury i'm certain will among other things instruct the jury that the city and county of denver the people sitting down in denver are the plaintiff in this week would object that i think the law is clear that it's not the people listening county averages sitting kind of number as a corporate bond charges ninety people are missing and i think that's

important distinction well i'd like to say we can't proceed with the border and that if necessary we will argue that later point i think maybe the question can be asked so that we can avoid a recess now ruling on this i would suggest you i'm a counsel wait until i have completed the question to determine whether or not he has an objection i feel a key question should be completed before there is an objection and complete my question to ask as i started do ms davies oh something else that you want to say before i continue along well if you weren't your risk because it may take a couple minutes before i finish the question as i started to indicate as i'm sure

the court will instruct you the entire burden of proof of each of the material allegations of the charges in this case asked each of them rest entirely upon the plight of the people of the city and county of denver and further the core i'm sure will instruct you that if you find that the city has failed to prove any one or more all of the material allegations of a given charge it would be your duty to return a verdict of not guilty in favor of the defendant as to that charge now is there anything with respect to the substance of such instruction if given that any one of you would feel you could not follow your words dr you are in agreement that this is the law and should be the launch would follow through so instructive you people listening then the question this

is not the people listening and a temper there is a suggestion that all the people in the city and janet demarest mr morgan prosecute mr watts as the case will be visiting county that report provided ringing and the contrary the way it is under state prosecution where is prominent a pugilistic color was not prominently nothing on the show that people are listening have a denver as plaintive says the city of denver as a body corporate and at the very end they charge i think to suggest that it's the people is to somehow while the issue one and somehow prejudiced the defenders of course you're this is so completely insignificant and i think the hour the question of whether it's significant or insignificant from it felt like one that lives in the us now and limiting the words people think i'd ever necessarily have to rule on this the complaint in this case reads in the county court in and for the sink honey again request court realizes the sink honey

of denver is or is not a person who is not a legal entity only let the question being asked without the wording that people in it necessarily or rwanda later i don't think it's that war ii degree your tickets i think it's a question that can't be answered that with this when the substance of the question was not so much the word description of the plaintive as it was whether or not there was anything within the subject matter of the type of instruction i suggested is such an instruction were given to you explaining that the burden of proof of each of the material allegations of the charges rests upon the shoulders of the plaintiffs by whatever word description maybe it what each of you follow such an instruction was the question jim lee yeah some sort of nod yes or no you would fall city by the same token it after hearing all the evidence in the case at a given the charge

is you're convinced the truth of the charge beyond a reasonable doubt that the city had proven each material allegation of that charge would anyone of you as to such a charge hesitate to return a verdict of guilty it's just the reverse the last question what it was doing and done mr mckee and mrs watches anthony geary now is there any reason whether i been quite of you are not why you would any one of you why you would feel you could not say it was a fair objective and impartial jury in this case any reason whatsoever you consider that is a very much an honor the city will present terrific he did this point needed be a good

time to take a recess for lunch before we ackman's or dear mr davies and media the panel some instructions though before you are excused from what my intention is to allow the jurors to have the lunch period free to do whatever you want to shop or you may hit something you care to do i would ask that you not have any communication with anyone concerning this particular trial that you now discuss it with that even any friendly observers maybe the core visitors in other words i do no one any conversation over the lunch hour of power the ordnance referring to interference resistance or about this particular defendant or body the mares which in any way put into this trial that you may have discussions among yourselves you were going to be together there for a few minutes after two and you can discuss the weather you can discuss anything you want to accept this trial i wish that you not discuss this trial i would also arrested two all return to the courtroom in a sober conditions so that your minds are out

fresh and endowed ready to commence with the rest of the case is there anything further that either attorney wants to bring up at this point with these instructions then the jurors prospective jurors that are now on a box the panel members that have not been chosen an hour in the courtroom i will return to the courtroom at two o'clock and meet in the jury deliberation room with us through the meeting room right in back of the courtroom until a chinese court will be in recess because by hello is that picking a jury panel of only six persons is permitted by colorado state law rules vary from state to state but basically what goes on in the wind beards and each side is

permitted to try and persuade the judge that some jurors should be disqualified for cause cause meaning that because of some possible bias or some other reason the judge could rule on it might not be fair to have them sit on that case beyond that each side is permitted three peremptory challenges opportunities to turn down a jerk any reason it chooses any reasonable teenager is excused as a result of challenge another name he's chosen for a larger group of prospective jurors in the back of the court and so each side can try to tailor the jury to its own advantage in addition to screening jurors who might be objectionable this is a point at which the lawyers can begin to try to convey a point of view and effective the juror the impression he's been permitted to remain on the jury on the basis of an understanding between them that the jury will take place there with a lawyer mr morgan did relatively little on his first contact with the jury perhaps he was well satisfied with the jirga perhaps because of the pressure his own daughter of cases he was anxious to get on with the trial to get over with as soon as possible or see what mr

davies approaches when the luncheon break is over the other members of the parents' perceptions yes the morning worrying how it seems clear if the record as the jury because they range of the jury privileged to

chat with you will review possible about some of the things that may or may not remember all egyptians to sit in this particular case because quality of examination of the characters and of course that's the idea is that you and the euro will tell us so much rather tucson so forth with no design our part to embarrass you in any way but rather to get for this person as their acute injury as he possibly can pose history the real mainstay of our system of justice is the fair jury trial ms mckinney i like to direct these questions too because i want someone to answer them but i want all of you

to listen to them and i think i don't think very seriously about how you might imagine because it's very important to us now mr mckay is not true sir that you as an individual right now have an opinion as the guilt or innocence of this man i was think about that a moment with any of us that question it differently throughout if you have an opinion as to his guilt or innocence the peace bell it may come as some surprise to you that you should have an opinion and that builders and i think you see why animals of any if you serve on a jury before when you announced this was to cast and mr mckay or investigate

claims that imus it when it ever served on a criminal jury before your call and tell you that the defendant was presumed to be innocent or has a very they sit down in our system of justice that a person is presumed to be innocent when it comes to ct is not correct though an interview with marcia preparation for this we would all of you wish to have that rule of law why do you when you came to court which are presumed to be innocent and the people have to prove you're guilty on racial about what if you have a objection to that local girl is a religion like to have applied do you have your intro basic guarantees our system so that the defendant is presumed to be innocent annual consider him to be innocent until you have been

convinced that they've convinced beyond a reasonable doubt that ethiopia's natural and if they dont convention the arteries without then you will return a verdict of not guilty is that accurate in your understanding and if you quarrel or that why now if the ban was presumed to be innocent and at this moment you're sworn in as jurors and you're required to go back into the jury room and deliberate what would your very very tricky so at this moment without knowing anything more you have the opinion that this man is innocent is not guilty in fact under our system of law you have to feel ugly dog so you have made

up your mind about this man's builders and you made up your mind that he is innocent and you're going to continue in that view until that person has gotten to be guilty beyond a reasonable doubt ms mater i would add you quarrel with that crunchy again allies he was a concept you'd like to have applied to you if you're on trial and we'll all of you fisher this man but you won't fall of conservation education i give him the benefit of concept just as you would wish to have been given to you by nature is that right but you do and how you do have

is boiling river right here as gary cho <unk> three daughters one twenty one and one twenty two and maybe spent their ears and over there it clear for instance of lincoln man kennedy ask you jonah the same question jerry rice are still alive you in the two years that a very political figures or c done

for sure yeah and if you're going through in twenty five years you all realize that while in a civil case one side may prevail over the other side by showing more by showing greater evidence just couldn't scale of the best entrepreneur plays in a criminal case that they must prove the city must prove beyond reasonable bow that the defendant in fact committed the alleged crime he doesn't have to do it then he doesn't have to say a word he does not go forth with any evidence whatsoever who have you or worse but he's been pretty

careful you know as i'm sure you've noticed that the defense department you'll see that all the jurors' roy now the question is if you're on trial in the chair would you have any objection to be tried by don't like you're an incumbent question and i think the question that necessarily deals any suggestion of bias on the part of the euro i think the substance of the question can be asked in a proper formally in the form of a question of guilt in order to cash

you feel that there would be no promise far as you're concerned and being tried by an all white jury if you have no qualms about it sam how about the rest of it with any of you have any a list for moment wooden that perhaps they give you start to sweat has done well either pneumonia or parents loving someone you wonder sometimes use things that we've lived with for a long time or difficult to set aside all the slang can do through may is rely upon your honesty and your can get and i think the only thing to do is you know you have that

possible if you're on trial and someone who felt that way is the way you feel of it they were sitting in that chair would you turn to me and say davies enter offer you think that even though there are now you understand and freshly printed posters or if you have the authority and and ability and were permitted to either keep yourself are mature take yourself off the jury at this point what would you do i'm unhappy objective this i don't think this is a question that the parent company the answer it's a matter for the court to rule in the exercise of his discretion when they're not be

attitudes and the responses of the german of the jury incompetent for cause and i don't think that you're convinced have already made sure i really understand the question are you still asking her whether she would do this where she the defendant are you just ask your jeans sits up there and says i have a certain that condition the judge doesn't inquire make medical examination asked the jurors is so bad is the pain so bad that you can't sit on the jury and i'm asking her her mental state is so bad that she feels she couldn't say it render a fervor about it or without you know if you were a stage or was that they didn't get the additional be sustained is a question its original iss that's quietly asked me be answered until you

members of the jury have and a palatial nachos or failings that are based upon our strong a couple dozen on racial lines and ambiguous the answer would be susceptible to many different possible interpretations of the question his brother had no objections two councillors he may probably do inquiry if any member of the jury would allow any feeling of racial bias if they had made in early cases very proper form the question was so broad the insignia nothing on the question of the apps uncertainty cures cancer you belong to any club sort of station sure something like that that practice as a matter of

rules and unfair he's been pushing for permission to do fb pics and where some men from your answers that there will be no consideration in educational based upon if you're on trial today which you're going to have a person that shares your pram mind that thinks the way you think you're going to have a person who has done it up as you say that will cast

a pall but work from home well you know if you are on trial today and there was someone in your state with the same attitudes and feeling some frame of mind that you have today would you be willing to have that person try your case well you know an asshole animal as important thing and that's all i'm trying to do is find out what you think of the word that has one about this idea about the idea that a lot of people have

that and then something wrong he wouldn't be handed you know that's exactly what we're trying to get to fail a person isn't brought into court in charge of us to get something wrong basically isn't that how you feel generally firefighters band the first question how about clothes is you're a law is very clear that even if they suspect that your head and opinion concerning the guilt or innocence of a defendant is

testimony on board it is that he would set aside any such opinion and decide the case on the law and the evidence is not incompetent to serve and there hasn't been anything new year like that's sort of testimony with respect to this journey the only thing that he has done so far is to state that he could not give an answer to councils question as to whether or not he would like to have a juror with his frame of mind saying so when asked not the same thing as indicating any opinion as to the guilt or innocence of the defendant is let me ask you to cast because they're not quite sure what he's saying is to guess the question was asked of you that is an important question mark of whether you think they have done a defendant must have done something wrong or i wouldn't be here you have honestly this year well right because he's done something wrong or because he's been charged with doing something

wrong i think this is the difference that the attorneys tried to draw for mystery guest you understand that people may be charged with doing something wrong i do feel that this does not mean that their daily communications problem mr davies and i will laugh at this point at least nine year challenged as to continue with the order but castillo i'm sure just one more question there isn't any question in your mind about the value of the rule of law that says a man is presumed to be innocent like soldiers saying as i understand it is that

obviously there were some set of circumstances back because somebody the charges to arrest was something that doesn't necessarily mean that he did whatever or was responsible was guilty of the citizen to prove useful for a lot in so a refuge from earlier with mr watson and through radio television practically write about him or her about him in return he didn't know and then the vessel from europe maybe for it is that you feel better about this specific at the daily events was the sixth day of the november of nineteen sixty eight after election day mr dunn some the concepts that we talked

about here for the convention street without resolving questions in favor of the senate when you have some question about all of these things may come as any surprise to you know questions that you asked it so i have one last question that's been asked before but do any of you as for an american born prospective jurors and without open my answer your cautions your background from what is there any reason why any one of you to be oh now i get you couldn't set misbehaves but maybe that you shouldn't in all honesty and a lot of you i won't go into it but i would like to do a good deal that maybe it shouldn't name for something knowing that maybe you shouldn't say they'll

accept the church's problems as billy mullins be any contamination and has been tricky but your number two majority

mr schardt if you would please resume they see that they can mr schama ask your current address and occupation or you know or what i'm a chipper off in the foundry a general or which which boundaries generally the general area mr shaw you're acquainted with your attorney or with any of the parties well i have your voices lahore so you have of course this was nothing which would

sell to beside the case because you might form either a strong liking or dislike for not say either the attorneys on either side or any of the witnesses on either side are that mr davies has emphasized on the color of any witnesses skin or any other factors other new orleans you understand this scene you are in agreement with the spirit of this whole thing thank you so much we should take a short

break i mean really a moment or two to stretch their legs before we continue without more for deer this may take down considerably more time with me and so at this time we are going to on i'm just wondering gentlemen if we should take a long enough break so many of the features of a desire to go down and have a quick cup of coffee individuals into wind changes absolutely different and apart from the judge in the black robe and yesterday someone once said that dan preps the black vote should be discarded it has been argued that it's a good idea to have a black girl because it lets the other people know that you're a judge that a symbol i am perhaps the real reason

for wearing a black robe is not so much streamline other people the trajectory mind yourself the qr symbol and you have to divorce yourself as a judgment yourself as an individual again the same old questions remain very well feel very sympathetic toward the defendant may feel very strongly hour incidentally with person and yet case must be decided according to the law the matter how you feel as an individual law is as regina rich still are or to lie to state that only the greats have any judges and court says they're courting you worry

worry antitrust lawyers who brought the people of amazing the trustee as big corporations who are being invaded but today it's maybe your probation so that means people won't walk over their lives and not the losses well it doesn't say that people are not quite as well the wire service is so determined to get justice in court justice league and so that caused them does the fact that the negro or lack thereof and a very official

or that the officers wide religious meetings with me he'd be like any organizations or clubs a practice or have a policy of racial discrimination that if you were going to join a club and you can out of it and that policy which is on trial for that region yes it's been apparent chemical weapons ban

reformist protest demanding a point out that if you were excused please don't feel your time has been wasted this is extremely important to him the panel available which you call a new term for this is as black men would you use in the seat left ballet amidst the chaos the piece because barrel ms blackmon let me i'll start out by asking you some questions the first law at your current address and your occupation place you know any reason why you could not serve a

secure art mr morgan out of the border rick you explain you understand the city is not required to prove beyond a reasonable doubt every fact that may be alluding to during a job that required proof pure satisfaction beyond a reasonable doubt the material elements of the journey right now if you are convinced beyond a reasonable doubt as to those material elements you believe that they're true beyond reasonable doubt even though you might entertain some doubters to collateral matters that were not material elements would you have any hesitation whatsoever in return a verdict of guilty as to that charge concerning which you are convinced beyond reasonable doubt that hesitation well then i think i've asked this question of the other jurors but i'd like to ask specifically again of humans is a black man may i safely assume that you'll make a conscious effort to refrain

from deciding the case on any collateral matters other than along the evidence and as i illustrated previously this could encompass all sorts of things such as well you like the way mr davies it myself calmer don't call my hair the color shirt we wear whatever so the long and zachary our right is there any reason that you can think of why you could not serve as a completely fair and objective impartial juror in this case any reason whatsoever and you could not so sir thank you so very much on a sioux mr parker as eric as far as you know then your background that would lead you to place a new emphasis on a place out to test in this

because in and vice versa he wouldn't detract from just let me ask you this question once again summon question as a nasa and four so there is some answer andrea like to hear from all of you going to a jury room you take of all its five to one lead say in his case for conviction or quote doesn't matter because five to one and you're the one would you say well right or wrong or with us require the rest of the book convention and that's been raised about it is that he is not guilty or not or you're not convinced them written about that he is guilty or proper and the vote is five to one would you change your vote just because the vote was five to one if you think you can stick with your conviction still it was

overcome by the discussion you're really contains substantial portion of young man like it's more important than a day and you not been a lot of extraneous you commit yourselves and you're going to blow it we want to try to record years except for cars morgan to have a protective services like mr davies used her privilege

ms rivers because it's big unique generation has been keen to jupiter very short resisted chambers before we recess let me out

let me very specifically pointed out voters will understand that the jury there will be people be the finders of fact the court determines questions of law on all motions referring to questions of law these are heard out hearing of the jury a perspective jury just go ahead and make a motion that has won his most well i think on the record that their informant who was the motivation that remote renew emotion following true to the jury panel i'll mention first

motion and the entire jury found was so un representative of the community that just wasn't like richard pierce an on our emotions to the fact that after viewing finding out who the panel of the system and not having been privy to the actual selection of this alan not knowing how selective sense that wasn't going to be for and we think the court can take additional notes one from saying the panel that they'll consider will depend among other thing just from patients and from those who've been on the panel knows who remain but who have been designated to numbers rep nadler oh really obviously from relatively high socioeconomic none are from a geographic location from which mr in which mr watts

resides and spends most of his time and that this panel and our view is because of its construction of thousands of his background there is really is totally opposed to the cost of the group won hers in this particular case that in essence is is the motions just simply not untrue this man through translation with respect to the now our argument which is similar in substance to the original challenge to the radio i don't really recall to the court the rule in the latest cases that we have digestive in colorado our water versus us into twelve federal second to seventy five which was only a court of appeals from the district of colorado i'm reading just firmly

digester a defendant who has been charged with the cruel prince is not entitled to any particularly jury so long as a fair and impartial jury of qualified jurors has selected independent is not deprived of his right to exercise its peremptory challenges now you're under the mere fact that in this particular kale there were no members of the negro league race does not imply that there was any unfair selection the panel in itself i don't think there's any law how the council could find anywhere that recites that a member of a given major ethnic group or just loosely call race by is entitled to any percentage or proportion from zero to

one hundred of members of his own ethnic group i think that probably that we've been using the term maybe i have the term race somewhat loosely i we understand that carries the human race and there are three major identifiable ethnic groups caucasian mongoloid need right but regardless of that i don't know and i think the burden is upon ms davies to show to the court some law support his proposition which i think the renewed motion should be denied for similar reasons that those already gone to a previously coverage of the evidence against me original motion picture eligibility request for a four point plan to make

first well mr moren join about the court should go without law that would taste i suppose education figures wainwright who have never been decided because it was new law case it matters ohio would never have been decided because it was new law case of escondido a miranda would never been decided case of weight in case your word would never have been decided because they were they made law well intended we should have why people here sir we think that a fair sample of the welfare system there would be some white people here but that's not but you know there were going to wally other factors seem to be involved in that particular now i can't believe that this court could say that they are but this isn't the panel does not that in fact reflex actor cross section the comedian and amazon in any way a peer group most important ones so

i think you should leave this panel what this plan will do is deny that because the defendant a writer director that an objective jury trial a jury of his perry because of that the way this year carrie thank you there is at least one of those prospective jurors who is a rather young man but in all honesty that even though i perhaps agree with your statement of fact that by chancellor of the chances are we do have our people on the prospective jury panel lot geographically are now from the northeast and there and i'm just looking at the besieged lots of state owned plane who for the most part are older women mr watson or not black who are perhaps oh i don't know what his economic situation on abortion

them are perhaps a middle class or working people nevertheless the cornfields a lot is unstated by the attorney in arm who went further say this larger setting of the sea a new law created by courts sometimes it does make a difference whether one sits in a position to file a mechanic for the trial judge or winter when seven supreme court decision is in a position to follow what the law is estimated by the supreme court of the state i feel a lot is their stated by the city attorney on this point and therefore there is no sufficient grounds to quash the jury panel for these reasons or motion will be denied your objections emotion is on the record and

will be preserved for whatever purposes record is at this point i would like to or reconvene in the courtroom and recently final thinking of the jury and they're the two decide whatever you desire to do in this case i think probably already have some time to think about it because i don't think we've been striking evidence this evening will probably just pick the curia resistant more morning i mean i would like to see if we can complete the uptick in a victory i think our jewelry says this recession and will reconvene to the court or to german short period is to gary mead excuse and have received has

been mr gable may i ask your address and occupation place or that it's often now go from what is a stationary engineer these are all outsiders involvement with religion when maintenance do you believe that after you shall have been instructed upon the law if there should be some aspect of the law with which you might be in very strong disagreement such is the substance of the ordinance or any other of the instructions of a lot to the point where you felt that if you had the power to pronounce the law you'd say the law should be just the exact opposite of what you'd been instructed upon do you believe sir that having taken an oath to do so that you would be able to follow the law as you shall be instructed upon an even if you disagreed with that strongly could you do that sir arthur that's really what we're talking

about now the question is if he had any such contact with law enforcement officers either way that would make you accept his gospel anything a police officer because he has a badge beetle whose son was shining at midnight knew it wasn't so you believe it anyhow side ridiculous example for the other way juanita where he said because i asked her this is a type of thing we're talking about you have any such of contacts or feelings know either way and three point one one it's been two years is at

boys are boys over a visible you are like our own while we were talking with the other jurors were in a yale graduate here we able to hear all of the question did you feel as many different answers that you might do differently than anything you feel differently about it you know mr gable if you were instructed to one can resist an unlawful arrest which you river that you follow where the go along with it or not we're all if you were instructed that person and interfere with the unlawful arrest than other worthy brewing out which you follow if you object to this and maybe we could solve his problem by a momentary approach

the bench by counsel i think that there is a way and witness today he's asked this question without objection the unit's former must object mr eugenides situation in this case this facility was in service to community is that parents instilled fear in the system

is making cuts or trains question along those lines have no objection but you see one could write a work at the words not in the current war i i i would like your yard of course later point to the questions which are asking me can really disappointed to a clear message to instruction or heat in if there's opposition factions it's not as though you know i am going to speak with the refreshments up a lot of opposition as always an encore to victory that you may ask for certain instructions given the gift is contested between trees whether or not that exact statement he needs to get one question to be asked of the egyptian be sustained i think at

least take questions from the fbi or with us a moment you have a conclusion about the guilt or innocence of the defendant will notice right now you're convinced of the defendant's innocence and he'll continue to feel that way they won't tell you convince valery to go as teenagers if you are on trial here won would you be willing to have a person doing the way you do sit in that box

and if you're sitting on trial here today would you be perfectly happy to have sex by people sitting as here during absolutely no difference whatsoever and without you can say that without hesitation but if you're in a country where five percent of the people live at present just don't do it that would be you know dejected this question of this goes into it into a hypothesis which you know i was a twenty percent of people who are black and eight percent why not make a question about what we think what we have to tell you i had an injection my objection was very sick the question imposes a hypothesis not involved in this case the council asked the question of the german dual country wore

a certain hypothetical percent of the population more as proposed this is a hypothesis not involved in this case in the question does not touch upon the competency of the juror a question maybe ask voter education is because that occurs yesterday which and all that as a white man you can sit in judgment of a black man without any degree of influence by virtue of fracture whitey life as i was out when you believe they'll reverse would be true to write christian says he's a man they will always know where

her sister or so don't you sit there is presently constituted will be the period here's the trial at this point since there is passed find where recess i would like to instruct the prospective jurors without borders where you tomorrow morning we report back and i would ask each of you to report to the sport of bike ten o'clock which are pointy and the starling of a bailiff i'm a fair even in this room freedom are sweeping him just to me i think the easiest thing to do is to me directly in the what will be the jury deliberation room which is the room where you met him today it further and struck you again very carefully that your nine anyway the gate with either attorney with a new witness and then and then i mean there's no communication at this point with a near the involve people

i went i asked you not to attack in any way to do a reading or research concerning is the defendant are the facts of the case or should not heard anything about it i would ask you also this evening not to read in the newspapers and not to listen to any news broadcasts we want your mind for a hand ready to hear this particular case tomorrow timing for what the acs ms bishop he's been he's been thank

you ha ha ha ha ha ha ha ha my client i are debating very seriously the idea that we were jostled challenges when i have frequently challenges to structures that we feel that we have and there were select a jury of his peers and we're very seriously debating the question of tomorrow waving the jury and trying the case to court one of the reasons that my client mr watson agrees with this is that without feeling that we don't have a jury of our peers than to go ahead and nevertheless try to that jury would

at least implicitly saying that that we really aren't convinced the manager of workers were willing to go ahead with it i'm not sure we would and others say we don't have at your workers if we don't have it your purse or may not have it may as well not have a jury of all i will go to the court as well as far as the manner in which the day went i was rather pleasantly surprised from prior experience that we were able to achieve a jury selection as rapidly as we did it do not feel that i am competent passed upon the quality of the jury in the first place i'm not sure what is meant by this they were all legally competent there were as you can see none whom i felt were incompetent by virtue of any bias or prejudice as

you noticed i challenge none of them in this particular jury i didn't frankly notice any jurors that stood out is as being extremists in from any point of view i think i thought they were very air breach extremely random a jury i would characterize them as not examples of any sort of extremism and of course iowa i would think that either side would not want extremists we obviously don't agree because i know you probably are scenic a scumbag building or not building new or you're you know for us you know family around silicon valley girl like this is so we're not saying we don't know what the facts were in that they have the facts and i think that if i was a judge and a jury and wouldn't turn right to me it's a near the jetty make the decision learn more than just one and more

judges that are if you will to be to be a bit older and you go down there and she hears it here just gotten through the taxi on both sides and he makes decisions that blacks law dictionary say this is a law dictionary that many many lawyers say ah here is pearce people's bills for man's equal equals and rank and station that struck by a jury of his peers means trout might curious citizens judgment of his peers i suppose i'm being tried by your fellow citizens nine lawyers rather than being tried there by the judge train in the wall you know a very interesting thing about the watson case the jury selection is that on his particular panel in fact insisted of all white middle class middle aged people

but the average jury does not as very seldom that i get a jury panel on a jury case that does not have at least one neat row one has an hour we had a jury yesterday or the day before without to minority people on a lot is the usual thing but you can now on let us discuss to say i'm happier to have a curious six of his peers and his white peers decided rather than one judge without getting too tangled up on what the word peer means it is worth asking what kind of jury do we think lorne watson should have acted strains i suppose it looks easy you should have a jury of friends and supporters of people of active hostility a bias against them and we have a mix of those groups we can confidently predict a hung jury and the need for a new trial that's the obvious answer is to get

citizens of denver who simply have no commitments are biases at all of this fails to take account of the growing sense of division and bitterness that tripoli niceties the defendant believes that if you're not for me or against me and if he feels that the white man can fail a judge a black man or that no one over thirty can judge a young person is unlikely to accept the notion that the so called uncommitted group can give them a fair hearing it's a serious dilemma for a system of justice that even without facing this ultimate dilemma one cannot help noting that for mr watts whose point of view the courtroom us look pretty darn white kamala mr davies decides whether or not to waive the jury and mr morgan begins to prosecute the city's case the next stage of the trial begins it's because because patients needs

but it is baby no no no