End of APS jury selection in sight

The time for excuses is all but over in the protracted jury selection process for the Atlanta Public Schools test-cheating trial.

Over the past four weeks, scores of prospective jurors have been disqualified for hardships or for having such fixed opinions about the scandal they could not be fair and impartial. Also, in a recurring theme criticized by the trial judge, prosecutors have pointedly questioned numerous African-American jurors until they gave answers that led to them being disqualified, while defense attorneys have used similar tactics to get potential white jurors booted off the case.

Of the 600 Fulton County residents summoned for duty, about 250 remain. Of these, twenty-three — 12 jurors plus 11 alternates — will eventually be picked for a trial expected to last up to four months.

Individual questioning of the remaining jurors is expected to begin next week, and it could take another two weeks before final jurors are chosen.

Before this happens, the racketeering indictment must be read to all the jurors, and even this task shows how unwieldy the case has become. Superior Court Judge Jerry Baxter had planned to bring a few dozen jurors into court at a time and show a video of a prosecutor reading the indictment.

That is until Thursday, when prosecutor Clint Rucker disclosed that it took him more than three hours to record his reading of the 71-page indictment. This included a brief pause after two hours to let jurors stand and stretch their legs, he said.

“What are we going to do, folks?” Baxter exclaimed. “Three hours?”

Late this past week, court officials secured the Fulton County Commission’s large meeting hall across the street for Monday morning, when all the remaining jurors will assemble for a single viewing of the reading of the indictment.

The 12 former APS administrators and educators are charged with conspiring to change students’ answers on federally mandated curriculum tests. All of the defendants are African-American, and their lawyers have challenged Fulton’s jury pool, contending blacks are underrepresented. During a hearing on Wednesday, Baxter denied a defense motion to halt jury selection and allow the matter to be investigated.

All the while, jury selection has had its own racial overtones, with prosecutors appearing to go out of their way to disqualify prospective African-American jurors who have expressed favorable views about the educators and to keep white jurors who have strong feelings about the scandal. Defense attorneys have similarly sought to oust hostile white jurors and keep sympathetic black jurors.

Baxter has told both sides he can see what’s going on and that he doesn’t approve of it.

This past Wednesday, for example, Baxter said it appeared to him that prosecutors and defense attorneys were doing all they could to disqualify jurors along racial lines.

“I get that feeling,” he said. “The questions just go on and on. It’s like, how can we shake this one loose?”

While many jurors, identified only by their numbers, have expressed strong opinions about the case, the question is whether they can put those feelings aside and decide the case based on the evidence presented in court.

Juror No. 330, a property manager of a real estate development company, said he would not consider the Atlanta Public Schools system for his 12-year-old child and believed people under indictment are “probably” guilty.

Prior guilty pleas by 21 former APS educators show something was wrong at APS, said Juror No. 330, who is white. When asked if he would hold that against the remaining 12 defendants on trial, he said, “I’d like to think not, but knowing that fact implies something was drastically wrong with the system.”

Over defense protests, Baxter allowed Juror No. 330, to remain in the pool because he said he could decide the case on the evidence.

Defense attorneys tried hard to keep Juror No. 541, a truck driver who is black, in the pool.

“I just don’t agree with them coming to trial,” Juror No. 541 said of the defendants. “I don’t think they should even be here. I’d be lenient their way. … You’ve got good teachers here, when they should be teaching somewhere else.”

Defense attorney Bob Rubin, who represents former principal Dana Evans, asked the trucker if he could put those beliefs aside and consider only the evidence put before him. “I would have to,” Juror No. 541 said. “But it would be tough. It would be hard.”

Baxter excused him.

Many jurors were excused because they are battling cancer, have an upcoming surgery, have a seriously ill parent or are dealing with some other heart-wrenching ordeal.

Others say the $25-a-day stipend paid by the county for jury service cannot begin to make up for lost income. Some, particularly those earning an hourly wage, have said they could lose their homes if they had to sit for a months-long trial.

A number of prospective jurors appeared put out that they had to disrupt their lives to show up for the selection process, but none topped Juror No. 483.

The red-faced man, brimming with anger, complained that he had just interrupted his South Carolina beach vacation. Not only did he have to wake up at 3:30 a.m. to get to court that day, he had to leave his “betrothed” and other family members behind.

Fulton prosecutor Brett Pinion then told Juror No. 483 he had intended to ask him about another hardship: a pending neck surgery he had noted on his questionnaire. The disrupted vacationer, still full of attitude, impatiently told Pinion to ask away.

But Baxter cut it off. “You’re just an angry man,” the judge said.

“Annoyed,” Juror No. 483 answered.

“Well, I’m annoyed by you,” Baxter said, excusing the man from duty so he could make his long drive back to the beach.