Night Stalker Juror Denies Accusation of Showing Bias

A juror already sworn in for the impending Night Stalker trial was accused on Thursday by a prospective alternate juror of saying that he would not vote to send defendant Richard Ramirez to the gas chamber until more Anglos are on Death Row.

The juror, a black veteran of the Korean and Vietnam wars, angrily denied the allegation, saying he has never spoken to anyone outside court about the case.

Nevertheless, the accusation could possibly force a mistrial, in which the time-consuming process of jury selection, which began in July, would have to start anew.

In hopes of settling the controversy, Los Angeles Superior Court Judge Michael A. Tynan has ordered a second potential witness to the alleged incident to appear in court this morning to testify. This potential witness had been excused earlier in the day from service on the 12-member alternate jury, which is still being picked.

However the unusual development is settled, it appears unlikely to adversely affect the prosecution of Ramirez, the Latino drifter accused of murdering 13 Los Angeles County residents.

But Tynan said he could not rule out the possibility of a mistrial.

The accusation against the juror surfaced after a break when a prospective juror, an Anglo woman, asked for a private meeting with the judge and the lawyers.

Takes the Stand

Afterward, Tynan ordered the accused juror to take the witness stand to testify under oath. The juror seemed taken aback by the accusations as the line of questioning from the judge, co-prosecutor Deputy Dist. Atty. Phil Halpin and defense attorney Daniel Hernandez became clear.

The juror vehemently and steadfastly denied ever having made those statements, which allegedly took place in the hallway during a morning recess last week.

His accuser said she and another woman, also a prospective alternate juror at the time, heard him say to at least two other men that he would never condemn a Latino to death until there were more Anglos on Death Row.

On the witness stand, the juror admitted, as he did during an earlier phase of jury selection, that he had read in Time magazine that there is a disproportionate number of ethnic minorities on Death Row throughout the nation.

But he added: “I have not said anything about the death penalty since we last talked about it (in court). . . . Those two words have not come out of my mouth” since then.

The juror said his only conversations with other jurors and prospective jurors have pertained to sports and weather, adding that he has made a point of keeping to himself during breaks.

He said the accusation “makes me feel embarrassed.”

The juror’s testimony, and the public accusation by the prospective juror, took place in an empty courtroom after the 11 other jurors and several scores of prospective alternates were sent home for the day.

After his testimony, the juror was excused from the courtroom and his accuser was summoned to testify, also under oath. She repeated her allegation and said the juror’s comments were also overheard by a second woman, with whom she was walking.

According to the witness, the two women exchanged surprised glances upon hearing the comment.

The woman testified that her companion seemed disinclined to bring the matter to the judge’s attention.

“She didn’t seem to think it was so important,” the woman said.

But the woman said she finally came forward on Thursday only after the second woman was excused from the case.

“I was feeling guilty,” she explained. “It’s weighed heavy on my conscience.”

Under intense questioning by Tynan, Halpin and Hernandez, the woman conceded that there was “a remote possibility” that she may have misheard the juror, since the courthouse corridor was full of people who were talking. But she said she was “positive” and “99.9% sure” that the juror had uttered words to that effect, since she was looking directly at him as she and her companion walked by.

The woman testified that she could not quote him verbatim, but added: “I didn’t manufacture it.”

She said she and her companion were not sure whether the juror’s remarks had been made in jest.

Ramirez has been held in County Jail without bail since he was captured by citizens in East Los Angeles on Labor Day Weekend in 1985. Trial will begin Jan. 23.