INDIANAPOLIS | Darryl Jeter was a victim of racism, his attorney Jeffrey Schlesinger told the Indiana Supreme Court Thursday.
Jeter, 23, of Chicago, was sentenced to life in prison last year for the 2003 murder of Indiana State Police Trooper Scott Patrick.
Schlesinger appealed the sentence to the state's highest court, arguing his client was denied due process and a jury of his peers. Schlesinger argued that Lake County Criminal Court Judge Thomas Stefaniak unfairly denied the defense's attempt to nix two potential jurors. Peremptory jury challenges allow each side in a trial to remove potential jurors.
Attorney for the state Kelly Miklos said Stefaniak refused to allow the removal of those jurors because he believed Schlesinger was needlessly excluding potential white jurors.
Both jurors that Schlesinger contested were white males. Five of the 12 jurors the state struck were black, while only one of the defense's challenges was black.
Schlesinger argued he had legitimate reasons for wanting to pull the two jurors.
One of the jurors had a father who was a police officer and believed the death penalty should be given for all murders, state Supreme Court Justice Robert Rucker said. Another juror -- who was later replaced by an alternate juror in the trial -- had criminal charges pending against him.
The state erred in denying those peremptory juror strikes, Schlesinger said.
Supreme Court Justice Brent Dickson asked Miklos if the county criminal court judge considered that Schlesinger's strikes may have been more about socioeconomic status then skin color. Gary has a large black population but has instances of poverty, he said.
"Can't we have a situation where race becomes a secondary factor?" Dickson asked.
Miklos argued the defense was trying to control the racial makeup of the jury.
There were eight Caucasians and four blacks sitting on the jury, Schlesinger said. Four jurors were Hispanic, but the law does not distinguish Hispanics as a separate race, he said.
Justices are expected to make a decision on the case sometime next year.
