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Court seeks color-blind jury - Prequalifications begin today in Boyd case to weed out racial bias
Knoxville News Sentinel ^ | 4/7/8 | Jamie Satterfield

Posted on 04/07/2008 7:52:18 AM PDT by SmithL

Raise your hand if you are a racist.

The question put to potential jurors today in U.S. District Court likely won't be that blunt, but the aim is the same: Ferret out anyone who cannot be color-blind when deciding the fate of accessory to fatal carjacking suspect Eric "E" Boyd.

It is an unusual inquiry in what U.S. District Judge Tom Varlan is already foreseeing as an uncommon method to seat an impartial jury in an inflammatory case involving a headline-grabbing crime and a resulting racial firestorm.

Boyd is standing trial beginning today on charges he helped hide Lemaricus "Slim" Davidson, the alleged ringleader in the January 2007 torture slaying of 21-year-old University of Tennessee student Channon Christian and her 23-year-old boyfriend, Christopher Newsom.

The couple was out on a date when armed suspects confronted them and demanded Christian's Toyota 4 Runner. But the carjacking quickly turned into a kidnapping, with the pair taken to a house on Chipman Street, beaten, tortured and raped. Newsom was slain first. He was shot, and his body set afire. Christian's ordeal would continue for several more hours before she was strangled and her body stashed inside a garbage can in the house.

Boyd is not charged in those slayings. However, Assistant U.S. Attorneys David Jennings and Tracy Stone must prove Davidson was involved in the fatal carjacking in order to convince jurors Boyd was an accessory. That means Boyd's trial will inevitably serve as a preview of the capital murder case filed in Knox County Criminal Court against Davidson and three alleged cohorts. And that case already has drawn protests organized by hate groups protesting what they contend is a dearth of national coverage of a black-on-white crime and spurred sometimes heated dialogue on whether it should be labeled a hate crime.

The suspects are black; the victims white.

All of that adds up to a more rigorous than usual process of picking a jury. Varlan already has mapped out a method he outlined at a hearing Friday.

"It's a little different," the judge said with a grin.

Some 80 potential jurors are being summoned today, a larger pool than is customary. Varlan plans to use two courtrooms to carry out the uncustomary "prequalification" process he said he intends to employ to try to weed out potential jurors already prejudiced by either media coverage of the case or racial bias.

After addressing the entire pool in one courtroom, Varlan will move next door to his own courtroom. So jurors won't know Boyd is already behind bars pending trial, Jennings, Stone and defense attorney Phil Lomonaco will enter that courtroom via the same entrance used to bring in prisoners.

Varlan said he will bring in 14 jurors at a time to begin polling them on possible biases or conflicts.

"If we get a yes answer or a show of hands, then I will follow up with individual questioning," Varlan said. "After we go through that process … we would then come up with a number that would be prequalified. We would then start our normal (jury selection) process."

Lomonaco said he was skeptical that potential jurors would honestly disclose racial bias.

"People don't want to admit they have bias," he said. "Some don't even know they have it."

Varlan disagreed, turning aside Lomonaco's request to quiz potential jurors himself about prejudices they might harbor.

"There should be no need if the pre-qualification process goes as I anticipate," Varlan said.


TOPICS: Crime/Corruption; Extended News; Government; US: Tennessee
KEYWORDS: animals; barbarians; channonchristian; christophernewsom; colorblindjury; hatecrime
For history on these hate crimes, click on keywords: ChannonChristian or ChristopherNewsom.

And here's why the Judge is concerned:

Black juror blamed for mistrial
Panelists claim woman wouldn't consider evidence, accused them of racism

1 posted on 04/07/2008 7:52:20 AM PDT by SmithL
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To: SmithL

Raise your hand in MA and say this and the Judge will charge you with contempt.


2 posted on 04/07/2008 7:55:01 AM PDT by massgopguy (I owe everything to George Bailey)
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To: SmithL

Any chance the national MSM will cover this? Think maybe Al Sharpton will show up and demand the death penalty for these guys? How about Jesse Jackson? Think Tim Russert might ask Barry Obama about whether “hate” crime laws should apply here?

Me neither.


3 posted on 04/07/2008 7:55:29 AM PDT by kjo
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To: SmithL
If Fred Thompson is a juror he ain't doing a show of hands.
4 posted on 04/07/2008 7:57:22 AM PDT by TornadoAlley3 (Everytime McCain reaches out to conservatives, conservatives get poked in the eye.)
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To: SmithL
"And that case already has drawn protests organized by hate groups protesting what they contend is a dearth of national coverage of a black-on-white crime and spurred sometimes heated dialogue on whether it should be labeled a hate crime.

All they have to do is check see if any of these disgusting perps were a member of Obama's church and it's a slam dunk.

5 posted on 04/07/2008 7:57:45 AM PDT by Nathan Zachary
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To: SmithL

Knoxville had been on our list of potential retirment spots — places to escape California.

Looks like we can strike it off our list?


6 posted on 04/07/2008 8:05:05 AM PDT by BenLurkin
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To: massgopguy
"Raise your hand in MA and say this and the Judge will charge you with contempt."


No problem ... I'd just lie.

7 posted on 04/07/2008 8:05:57 AM PDT by G.Mason (Duty, Honor, Country)
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To: SmithL
Court seeks color-blind jury -

Ishihara tests now part of voir dire.

8 posted on 04/07/2008 8:10:00 AM PDT by KarlInOhio (Rattenschadenfreude: joy at a Democrat's pain, especially Hillary's pain caused by Obama.)
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To: SmithL

If there was any justice in this country, this crime would be as well known as the murder of Mathew Shepherd or James Byrd. As it is, since the rape and murder of whites by minorities is silently condoned by large parts of this nation, this crime is hardly mentioned in the media. Note the reaction to the OJ Simpson case. Many people in this land have hate, and view the crimes of the “poor” and the “oppressed” as reasonable reactions to their plight.


9 posted on 04/07/2008 8:15:59 AM PDT by PghBaldy (Hillary: Time to make veiled comments about Obamo's ENORMOUS EARS!)
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To: Nathan Zachary

Why does it take hate groups to complain about a lack of national coverage? Any “unbiased” person can see that is the case.

I have dreaded the coming of these trials or months. Any time I even see a headline I feel my heart race and I get sick with anger and hate. How awful. Then I remind myself of what an utter hell it will be for the parents of those kids. And they probably have to go through it repeatedly. I wonder too if the defendants will not behave themselves in court. Remember how the dirtbags in the Wichita case even had the nerve to taunt the families of their victims.


10 posted on 04/07/2008 8:17:04 AM PDT by TNCMAXQ
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To: SmithL

Who is being asked if they have racial bias? The article kind of glosses that one over.


11 posted on 04/07/2008 8:17:47 AM PDT by junta (It's Poltical Correctness stupid! Hold liberals accountable for their actions, a new idea.)
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To: PghBaldy

Trying to weed out racial bias. Is that on both sides of the aisle? I have to wonder.

There are so many sick crimes committed. But the viciousness and depravity of this one certainly stands out. That makes it even more ludicrous that it never made the national media. Have Nancy Grace or Greta touched this issue? If so I have not heard it. After the Cheshire CT home invasion rape/murders last summer that became a huge national story, mostly focusing on how the low lifes involved committed so many crimes but were still out on the street. Same with the Knoxville case. Yet the networks are largely silent. Gee I wonder why.


12 posted on 04/07/2008 8:20:25 AM PDT by TNCMAXQ
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To: BenLurkin
Looks like we can strike it off our list?

I wouldn't say that this case, as heinous as it is, reflects on normal living in Knox-vegas. I lived there for several years and met my wife there. There's really good people and it is a pretty laid back easy going lifestlye - until football season. :-)

13 posted on 04/07/2008 8:23:28 AM PDT by lovecraft (Specialization is for insects.)
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To: BenLurkin

Dunno

Might be a good reason to purchase and carry a snubbie .38, no matter where you move.

I hear Portland is a nice place for Califlowers to escape to. Seattle even nicer. The politics are strange, the cities are nice.


14 posted on 04/07/2008 8:24:29 AM PDT by ASOC (I know I don't look like much, but I raised a US Marine!)
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To: BenLurkin
Knoxville is okay as long as you stay out of the east side and follow all the usual precautions (avoid certain isolated areas at night, etc...) you'd follow in any city. Memphis is far more dangerous.

The white kids who were killed in this crime probably let their guard down because they weren't expecting something like this. It's similar to the Wichita atrocity, or the college girl who was killed a couple of weeks ago in Chapel Hill. People are more on the lookout for these things in places like Memphis or St. Louis. The relative calm of a place like Knoxville can lull you into a false sense of security.

15 posted on 04/07/2008 8:30:03 AM PDT by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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To: BenLurkin
Knoxville had been on our list of potential retirment spots — places to escape California.

DW and I escaped to Southern Oregon last year.

The climate is a little cooler, but not bad. Everything south of (but not including) Eugene has pretty conservative local politics.

Shall issue state, much lower taxes than CA. Real Estate is much lower than CA, although probably higher than Knoxville. Take a little trip North and see.

16 posted on 04/07/2008 8:40:10 AM PDT by CurlyDave
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To: SmithL

FYI: In 1999, the DOJ reported that there were 20,003 black on white rapes and sexual assaults (55 per day), compared to 33 white on black rapes and sexual assaults (.09 per day).


17 posted on 04/07/2008 8:41:29 AM PDT by Eurale
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To: TNCMAXQ
Why does it take hate groups to complain about a lack of national coverage?

Because no mainstream white would dare do so under the present stifling PC atmosphere. Imagine if the races had been reversed in this case, with an attractive black couple as victims and a gang of white hoodlums as the perps. It would have become not only a national news story, but a subject of political debate as well. Obama & Hillary would have been all over it. Bush & McCain would have both denounced the heinous crime. Every black preacher and civic leader within 100 miles of Knoxville would have led a march through the city in protest. Tennessee's governor would have attended. The mayor would have apologized for not doing more to prevent this from happening ahead of time. And so on.

But there is no legitimate representation permitted for whites as a group. If a white city councilman or minister had tried to make an issue of this, he'd have immediately been attacked by every media outlet for inflaming racial intolerance. His fellow pastors or politicians would have ostracized him. So everyone just keeps quiet, because speaking up can result in a loss of respectability. The only ones who show up to protest are white supremacist types who, for good reason, have no respectability to worry about.

18 posted on 04/07/2008 8:45:18 AM PDT by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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To: BenLurkin

Lenoir City on the lakes. Check it out.


19 posted on 04/07/2008 8:46:28 AM PDT by eyedigress
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To: SmithL
“Court seeks color-blind jury - “

Racism exists at many different levels and exists among all colors and shades thereof. I doubt there is anyone who is not to one degree or another, often coming from one’s life experiences; i.e. Obama’s mother (she was mugged and is fearful.)

20 posted on 04/07/2008 8:55:17 AM PDT by elpadre
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To: Eurale

at what point does it become an epidemic? Should the discrimination laws be amended to protect white women??


21 posted on 04/07/2008 9:03:52 AM PDT by elpadre
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To: wardaddy

Ping!


22 posted on 04/07/2008 9:08:43 AM PDT by puroresu (Enjoy ASIAN CINEMA? See my Freeper page for recommendations (updated!).)
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To: BenLurkin

I’d wait until after the Democratic national convention before I decided to move into any large city. If Obama doesn’t get the nomination I suspect there will be problems in many cities.


23 posted on 04/07/2008 9:17:25 AM PDT by ladyjane
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To: puroresu

Interesting that you refer to the Wichita incident as an atrocity. I had been using that term to refer to this Knoxville case but then I read the earlier stories about dismemberment were not true, or were made up by some hate mongers. But now the news articles refer to ‘torture,’ and say the young man’s body was set on fire. If this is not atrocious and sadistic, I don’t know what is.

Of course you are right in your # 18 post about PC and why few are willing to talk bluntly about this case. My criticism was aimed at the media for saying only hate groups were complaining. We here on FR are complaining and enraged but not because of any extremism.


24 posted on 04/07/2008 9:31:08 AM PDT by TNCMAXQ
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To: SmithL
Nobody has the courage to say that blacks are more likely to commit violent crimes than whites. Why? There is an inherent flaw in black culture. Notice I didn't say black people. I said black culture. Does this make black culture inferior? Absolutely! Now what I just said would brand me a racist by most standards accepted today. Nothing could be further from the truth.

I do not consider myself better than a black man because I am white. I consider myself better than many black men because I am gainfully employed, educated, and I obey the law and respect the civil rights of others. I do not blame others for my problems or look to others to solve them. I also consider myself better than many white men for the same reasons. The redneck trailer park culture is just as flawed and inferior as the black culture, and for the same reasons.

25 posted on 04/07/2008 9:53:01 AM PDT by SALChamps03
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To: puroresu

The only attention media gives this story is when they try to make it NOT about race which it was most certainly was


26 posted on 04/11/2008 6:25:08 PM PDT by wardaddy (I just bought my daughter a Mini-Cooper, man....that thing is a blast......I need one.)
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