Jury Still Is Not Complete at Trial of USC Athletes

Legal wrangling over the exclusion of black jurors in the trial of three USC football players accused of battery, sexual battery and false imprisonment continued Monday in Los Angeles Municipal Court.

A defense motion Friday, objecting to a prosecutor’s dismissal of prospective black jurors, was denied by Municipal Court Judge Edward A. Ferns. But later, when two more prospective black jurors were dismissed, the judge said Deputy City Atty. George Lomeli would have to provide legal justification to further exclude blacks.

The trial involves three USC sophomores--Michael Jones of Panorama City, Willie McGinest of Long Beach and Jason Oliver of Bakersfield--who are African-American. They are charged with misdemeanor crimes for allegedly assaulting a white USC graduate student last July in a campus dormitory.

Lomeli said Monday he was disappointed that the defense has made race an issue during the four days of jury selection.

“It’s an issue of conduct, not color,” he said. “I think the defense should be ashamed (of its strategy).”

James E. Blatt, Jones’ lawyer said: “At the same time everyone is crying that it is not a racial case, then I see eight (out of 12) exclusions of Afro-Americans.

“We haven’t exercised this type of motion in L.A. County in the last four or five years. All the defense is surprised concerning the approach in this matter.”

By Monday afternoon, Lomeli accepted a panel that included five blacks--four women and a man. Jury selection will continue today.