Defense in Denny Case Says Blacks Kept Off Jury

Arguing that prosecutors have systematically excluded black potential jurors from the Reginald O. Denny beating case, a defense attorney unsuccessfully sought to have the entire panel removed Tuesday so that the process could start again.

Superior Court Judge John W. Ouderkirk denied attorney Earl C. Broady’s motion, saying there was no evidence that jurors were being excluded on the basis of race.

Broady, who represents defendant Henry Keith Watson, said outside court that prosecutors had excluded four black potential jurors Tuesday.

“The judge denied our motion,” he said. “(But) we believe there has been a systematic exclusion of blacks.”

Watson, 28, and Damian Monroe Williams, 21, face multiple felony charges, including attempted murder, stemming from assaults on Denny and others at the intersection of Florence and Normandie avenues in the early hours of rioting last year.

Defense attorneys said prosecutors had used peremptory challenges to remove 12 black potential jurors since selection began Friday. Two other blacks were excused for cause.

Thirty-eight jurors were excused for a variety of reasons on Tuesday, bringing the three-day total to more than 90 who have been called but will not serve.

Potential jurors who have not been challenged or removed so far include six whites, four blacks, an Asian and a Latino. Nine are women and three are men. The jury that is finally seated, however, could have a significantly different makeup because each side still has more than a dozen peremptory challenges, which allow removal of potential jurors without stating a cause.

One potential juror, a white male, was removed Tuesday after Ouderkirk asked the panel whether any of them held any personal beliefs that would interfere with their reaching a verdict based on the evidence.

The potential juror raised his hand and said, “I find it uncomfortable to discuss.” Then, in barely audible tones, he said, “Racism.”

“So you have racist beliefs?” the judge asked.

“Yes,” the man answered.

A Latino potential juror was excused after telling the judge that he believes his nephew’s murderer received only a one-year sentence because he was white. And a man whose wife works at the same trucking company that employs Denny was excused after saying he did not “want his wife on his back for three months wanting to know details. I think it would cause a problem at home.”