‘Racism Is on the Rebound’
Haywood’s warning that the progress of minorities has nose-dived, ground to a halt and, indeed, has reversed itself, may or may not be accurate. The troublesome aspect of the article appears to be that the point of the article is based upon his suggestion as a juror that a Latino or a Caucasian police officer was motivated to fabricate his testimony merely out of prejudice to a black defendant.
A juror’s function is to evaluate the credibility of all witnesses based upon criteria provided in the instructions of the court. The mere supposition or imagined possibility that a witness is racially biased, without direct or circumstantial evidence, is inappropriate, contrary to the process of a trial and must be disregarded by all jurors.
Certainly, possibilities and imaginary hypothesis are not evidence; they have no place in jury trials. The foreperson dismissing this thought acted most appropriately. Haywood’s unwarranted injection of racial consideration, without evidence, is an intolerable act of racism itself.
THOMAS SCHNEIDER
Judge, Superior Court
Van Nuys
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