Attorneys for USC Players Decry Exclusion of Blacks

Attorneys for three USC football players charged with misdemeanor counts of battery, sexual battery and false imprisonment said Friday that a prosecutor was systematically excluding blacks during this week’s jury selection in Los Angeles Municipal Court.

Municipal Judge Edward A. Ferns said he would review the case before jury selection continues Monday. Ferns is expected to decide whether George Lomeli, deputy city attorney, must offer the court a reason if he wants to dismiss any more prospective black jurors.

Lomeli dismissed the defense’s claim and told the court that white jurors were being “systematically excluded” by the defense.

Each side is allowed to dismiss 25 jurors. Although the attorneys do not need to give a reason for dismissal, Alex R. Kessel of the defense team said that prospective jurors cannot be excluded because of race or ethnic background.

The players on trial--Michael Jones of Panorama City, Willie McGinest of Long Beach and Jason Oliver of Bakersfield--are black. They are accused of assaulting a 22-year-old USC graduate student last July in a campus dormitory. The alleged victim is white.

“There are racial overtones in this case,” James E. Blatt, who represents Jones, told the court. “This case involves race. It is important that we have some minority jurors on the case.”

Added Kessel, McGinest’s lawyer: “The defendants have a right to a cross-section of jurors.”

A jury is expected to be impaneled by Monday.