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LOS ANGELES : Juror Replaced for Refusal to Consider Death Penalty

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A judge replaced a juror Monday who refused to vote for death in the penalty phase of a trial for a former policeman convicted of the 1985 killings of a Brentwood couple.

That forced the jury to begin its jury deliberations over again. On Friday, the panelists announced that they were deadlocked 11-1 in favor of a death sentence for Steven Homick, 52. The one holdout juror sent a note to the judge. She said it was inappropriate to execute someone unless a child was involved, torture of an adult was involved or an adult was raped.

Superior Court Judge Florence-Marie Cooper ruled that her refusal to consider death in this case was improper and cause for removal. “She (the replaced juror) was not removed from this jury because of her refusal to vote for the death penalty, but because of her refusal to consider death in this case,” Cooper told the reconstituted panel.

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Defense attorneys objected strenuously. James Barnes, Homick’s co-counsel, said removing the holdout juror sent a strong signal to the others.

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