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News (Media Awareness Project) - US OH: All-White Jury Seated in Cop's Shooting Trial
Title:US OH: All-White Jury Seated in Cop's Shooting Trial
Published On:2008-07-29
Source:Lima News (OH)
Fetched On:2008-07-30 21:53:53
ALL-WHITE JURY SEATED IN COP'S SHOOTING TRIAL

LIMA -- The community and other watchful eyes from around the nation
will learn today the circumstances that led to a police sergeant
shooting and killing an unarmed biracial woman during a drug raid.

Opening statements in the trial of Lima Police Department Sgt. Joe
Chavalia will begin at 9 a.m. with Special Prosecutor Jeffrey
Strausbaugh laying out the facts he believes proves the officer is
guilty of negligent homicide and negligent assault in the Jan. 4
shooting death of Tarika Wilson inside her home at 218 E. Third St.

The facts of the case have been tightly guarded by police, state
investigators, the prosecution and all involved, which has fed a fire
of racial tension that put Lima in the national spotlight with visits
from prominent black leaders including the Rev. Jesse Jackson.

The Lima Police Department has been under a microscope since the
26-year-old Wilson was shot to death and her 1-year-old son, Sincere,
who was in Wilson's arms, was wounded during the drug raid. The black
community has been highly critical of police for the raid and the
actions of many officers. Much of the criticism has accused officers
in the almost all-white department of treating blacks poorly and
showing little or no respect.

Jury selection was completed Monday after more than seven hours of
questioning nearly 50 people called for jury duty. When it was done,
an all-white jury was selected to consider the case, four of whom are
men and four women. One black, a woman, was chosen as an alternate, as
was a white woman. The black woman, however, will have no say during
deliberations unless a juror is removed.

Two other black women had a chance to make the jury but were let go.
The first woman was dismissed after it was learned Chavalia's
attorney, Bill Kluge, represented one of her family members in another
case.

The other woman, a local bar owner, was let go by Kluge during
pre-emptive challenges, which allow each side to dismiss up to three
potential jurors. Kluge, afterward, said he was troubled by her
answers to questions about Lima police. The woman said she was treated
poorly by police who appeared to not believe her when she reported a
crime.

When the day began five of the 50 prospective jurors were black, or 10
percent, nearly matching the 13 percent of the county's population
that is black. Potential jurors are drawn anonymously by computer from
registered voters in the county.

One of the jurors is a retired teacher, another is a teacher while a
third is a teacher's aide. At least four of the jurors are retired.
One was a beautician and another was a library employee. One juror, a
white man, refused to answer a question from Kluge on whether he
planned to vote for Barack Obama or John McCain in the presidential
election.

The black alternate works at a local nursing home while the other
woman works for a cable television and Internet provider.

Eight jurors will consider the case because it involves misdemeanor
charges, compared to 12 that sit on a felony case.

After selection, Kluge said he was "highly satisfied" with the panel.
Strausbaugh declined comment.

Earlier in the process, Kluge told jurors Chavalia would take the
stand to explain why he fired his gun at least twice. Some of Kluge's
questions during jury selection were shaped around police procedure
and whether people trust police officers more or less than the public.

Kluge asked each potential juror what he or she would do if police
officers busted into his or her house saying they had a search warrant
and ordered he or she to the floor. He also said that issue, as well
as police procedure during a search warrant raid, would be carefully
examined with several police experts testifying.

Kluge promised to produce experts who would say Chavalia did nothing
wrong and only followed police procedure.

The question that was a key factor in determining whether to
potentially seat a juror was whether he or she could consider the case
fairly and hold the notion that Chavalia was innocent until proved
guilty.

"Right now, in this courtroom, the rubber meets the road," Kluge said
to potential jurors. "If you can't be fair, let me know. Look into
your hearts."

Jurors also were asked how they felt about someone from another race.
No one expressed discomfort or a dislike for other races.

Strausbaugh had several dominant questions including how jurors would
perceive Wilson because she lived with a drug dealer who police were
after when they raided her home. He asked to what degree police should
be held responsible if they break the law and how much credibility
they give police officers.

Numerous other questions were asked including whether anyone in the
jury pool was convicted of a crime, whether they knew Chavalia, any of
the attorneys, or a police officer. They were asked whether they had a
drug or alcohol addiction.

The trial will go through Thursday this week and probably continue
into next week. Jurors will be off Friday with the Allen County Common
Pleas courtroom closed on Friday for summer hours.

Chavalia, 52, is one of the most senior members of the department with
31 years. He spent 22 years on the Special Weapons and Tactics team,
part of that time as its commander. He also wrote the department's
use-of-force policy. Chavalia is well respected in the department with
a strong service record. He has remained on paid administrative leave
since the shooting
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