FROM THE EDITOR: Taking a long, fair loook at jury selection process
For more than 30 years, Dallas County jury selection has been a matter
of national importance. The series of articles that begins today
represents our best effort to bring that story up to date.
The Dallas County district attorney's office became notorious in 1973,
after disclosures that prosecutors were using a manual advising them to
eliminate minorities from juries.
In 1986, The Dallas Morning News reported that prosecutors
continued to bar almost all blacks from juries. Within weeks, Justice
Thurgood Marshall referred to our study and cited the office as an
example of continuing discrimination against blacks in jury selection.
In 2003, the Supreme Court declared that the district attorney's office
had been "suffused with bias" against blacks, and told lower courts to
reconsider the 1986 capital murder conviction of Thomas Joe Miller-El.
The Supreme Court's stinging rebuke of local prosecutors prompted us to
ask how things had changed in Dallas County in the 17 years since Mr.
Miller-El's conviction.
It took two years to research the question in depth.
Gaining access to the court records required an order from each of
Dallas County's 15 felony court judges. District Attorney Bill Hill
opposed our requests, arguing that the information should remain secret
to protect jurors' privacy.
Over many months, one judge after another ruled for openness.
"For decades, minority citizens, who have equally feared and laughed at
jury service, have stayed away from our courthouse under the assumptions
that they would be struck because of their race," state District Judge
John Creuzot wrote as he became the first judge to grant us access to
records in his court. "The right of all citizens of Dallas County, and
especially minority citizens, to know if past discriminatory practices
in jury selection ... have been erased clearly outweigh[s] the
protections of confidentiality."
The district attorney's office appealed Judge Creuzot's decision to the
Texas Court of Criminal Appeals, and lost.
Having obtained the information, we wanted to find the fairest ways of
looking at it. That took months of close collaboration among our own
statistical experts and criminologists, sociologists and statisticians
at universities across the country.
We settled on a series of analyses aimed at comparing what prosecutors
and defense lawyers did with what they said they had done.
Statistics, however, can never tell the whole story. So we interviewed
jurors, judges, prosecutors, defense attorneys, jury consultants and
scholars.
The result is a story of black and white, with many shades of gray.
Telling that story fairly and completely will require several pages over
the next three days. That's a big investment for us, and for our readers.
But no constitutional guarantee is more fundamental than the right to a
fair trial, and nowhere has that been more controversial than in Dallas
County. We believe this series does the topic justice.
George Rodrigue is managing editor of The Dallas Morning News.
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