Juror Is Removed From Asian Boyz Trial

A juror was kicked off the Asian Boyz murder case Wednesday because she allegedly failed to disclose she did not believe in the death penalty except in cases involving sexual crimes.

“It appears to the court that there was a concealment of a material fact,” Superior Court Judge Darlene Schempp said during a brief hearing Wednesday afternoon. “Her answers that she gave in the questionnaire [during jury selection] were different than the answers she gave” at a hearing last week.

Schempp said juror No. 216, a silver-haired, petite woman whose name is being kept secret by the court, had said during jury selection she had a slight inclination toward the death penalty.

But after the jury convicted seven members of the gang for their roles in a series of gang-related slayings and attempted killings, the juror allegedly told her fellow jurors she only believed in the death penalty in murder cases involving sex crimes, according to Schempp and lawyers in the case.

“She appears to have violated the basic admonition not to form or express an opinion,” Schempp said.

Bunthoeun Roeung, Sothi Menh, Roatha Buth and Son Thanh Bui are in the middle of a second trial on whether they should be put to death. The other three--David Evangalista, Ky Tony Ngo and Kimorn Nuth--are not eligible for the death penalty.

The gang was convicted of killing six people in what prosecutors said was a bid to become the most feared gang in Los Angeles. The case received heightened notoriety after the father of the state’s key witness--a gang member turned state’s evidence--was gunned down at his San Jose home.

One of the three remaining alternate jurors will apparently take the dismissed juror’s place when the trial resumes today.

The juror’s feelings toward the death penalty have been the subject of a number of closed-door hearings. Until Wednesday, Schempp had barred the public from those hearings, citing juror confidentiality.

She opened the hearing Wednesday afternoon after The Times filed court papers to hold the hearings in public and defense lawyers joined in the request.

A gag order bars all parties from commenting on the case.

The judge issued her ruling outside the presence of the juror, then summoned her to say she was being removed from the jury.

“May I ask what brought this about? What I have done that would deserve this?” the juror asked.

“You’ll probably read about it in the paper tomorrow,” the judge replied, without further explanation. She admonished the juror against discussing the issue until the case is completed.

Deputy Dist. Atty. Laura Baird stated in court she would not have agreed to keep the juror, who was initially chosen as an alternate, had she known the woman’s disapproval of the death penalty.

But defense lawyers argued the woman has stated firmly she could put aside her feelings and follow the law.