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Defense challenge adds black person to jury in Dallas corruption trial

12:08 AM CDT on Wednesday, June 24, 2009

By JASON TRAHAN / The Dallas Morning News
jtrahan@dallasnews.com

A last-minute challenge by the defense in the Dallas City Hall corruption trial resulted in an additional black person on the jury, which will be sworn in on Monday to hear opening statements.

After two days of jury selection, the lawyers and the judge culled the more than 200 members of the pool to 12 jurors and four alternates. Of those, four are black, four are Hispanic and eight are white.

Seven are men and nine are women.

Jurors are expected to hear evidence through August alleging that former Mayor Pro Tem Don Hill, his wife, Sheila, his Plan Commission appointee, D'Angelo Lee, and two other associates took bribes from developers seeking approval to build low-income housing in southern Dallas.

Since prominent developers Brian and Cheryl Potashnik struck last-minute plea deals, which the judge has sealed, that leaves only black defendants. As jury selection wrapped up late Tuesday, their attorneys accused prosecutors of striking too many blacks from the panel. That prompted U.S. District Judge Barbara Lynn to hold a Batson hearing, referring to the case that went to the Supreme Court, which prohibits prosecutors from using race when excluding people from juries.

Lynn asked prosecutor Sarah Saldana, who led the government's jury selection process, if race played a role in whom the government eliminated.

"I've never had a Batson challenge since I've been a prosecutor with the U.S. attorney's office," Saldana told the judge. She then turned to the defense table. "Those who know me know that I did not take race into account with any of these strikes," Saldana said.

Prosecutor Chad Meacham said his team eliminated some jurors who indicated that they were highly suspicious of the government on the juror questionnaire.

"It would have been my recommendation to strike him no matter what he looked like," Meacham said, referring to the answers given by one black juror who was struck from the pool.

Lynn questioned whether relying on select proportions of the questionnaire was a sound way to strike jurors. "If you strike everybody who answered that way, aren't you indirectly striking all African-Americans?" Lynn asked.

Prosecutors responded that they did not take race into consideration, and they even offered to give the judge and defense their notes as proof. Scoring, they said, was based on how jurors answered the whole questionnaire, not just select questions.

"I have a high regard of you, but the court is required to make an assessment of this," Lynn told Saldana.

After further wrangling on scoring, the judge ordered all the lawyers to the bench for a sidebar conference. In the end, the defense agreed to have one juror subbed into the panel, bringing the total to four blacks.

Lynn then asked each defendant if that compromise satisfied them and if they waived their right to further protest the jury's racial makeup. All quickly answered yes, except for Lee. After several minutes of whispering with his attorney, he stood and told the judge he would waive his right.

Lynn then laid down ground rules for opening statements, set for Monday morning. The government will have two hours, and when she asked the defense how long it needed, Victor Vital, Sheila Farrington's attorney, said the time may need to be recalculated.

He was referring to the fact that the Potashniks did not show up for jury selection, prompting speculation that they have signed plea deals.

The judge then smiled and told Vital that he needs to attend the "Marcus Busch school of subtlety," referring to prosecutor Busch's statement on Monday that the government only needed about half the time originally planned to try its case – with no mention of why.

No one has officially confirmed the Potashniks' plea deals because of Lynn's gag order, imposed June 12. The judge may unseal the pleas before opening statements, so prosecutors can mention that the Potashniks will be witnesses.

AT A GLANCE: THE CASE

The case: Former Mayor Pro Tem Don Hill, his appointee to the City Plan Commission, D'Angelo Lee, and a web of associates are accused of funneling bribes from developers of low-income housing in exchange for political support for their projects.

High points: Among 12 jurors and four alternates are seven men and nine women. Four are black, four are Hispanic and eight are white.

What's next: The jurors were sent home for the rest of the week. Opening statements are to begin Monday.

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