Moore’s Lawyer Complains About Lack of Black Jurors

The chief defense lawyer for former Compton City Councilwoman Patricia Moore complained bitterly Friday that it has become “statistically impossible” to seat a black person on the jury being chosen to decide Moore’s extortion case.

As the third day of jury selection drew to an end, defense attorney Thomas Mesereau Jr. told U.S. District Court Judge Consuelo B. Marshall he was “outraged and saddened” by the prospect of no African Americans on the jury.

Moore, who is black, is charged with extorting more than $62,000 from local businesses while serving as a councilwoman. She contends that she is the victim of a racially inspired FBI plot to entrap her.

Mesereau asked the court either to dissolve the jury pool and start the selection process anew or to guarantee that at least one or more blacks--low on a randomly chosen list of prospective jurors--be guaranteed seats on the final panel.

“Given the issues of racial animus that we plan to present during trial, the defense thinks it is only fair that there be at least one African American on the panel,” he said.

The jury panel currently consists of 10 whites and two Asians. With only five peremptory challenges left, the defense is unable to eliminate enough non-black jurors to get to the remaining blacks.

While acknowledging that she was “concerned” about the small number of blacks among the 90 or more members of the pool, Marshall rejected the defense motion to scrap the selection process or consider prospective jurors out of order based on race.

She agreed with Assistant U.S. Atty. John M. Potter that selecting jurors by race or ethnicity was unconstitutional and that the law required panelists to be chosen at random.

Moreover, Potter argued, choosing jurors on the basis of race was “an affront to justice” and discriminates against other races.

Two African Americans had been in line for consideration as finalists, but they were excused by the judge, one for cause and the other for economic hardship.

Mesereau had earlier asked government prosecutors to agree to having one black low on the list seated on the final panel. They refused, saying it was illegal.

Jury selection resumes Monday.