"After a couple dozen prospective jurors had been allowed to go home, Janeek Mollique, Route's attorney, scanned the room - and it dawned on her that there were no Black people left. That meant Route, who is Black, would stand trial with no chance that a single Black person would end up on her jury."
"Mollique and Denton, a veteran attorney with nearly three decades of courtroom experience, requested that Judge Pelayo Llamas call in a new panel of potential jurors, including at least one Black person. That way, there would be a chance, however small, that the jury selected from this group could include someone Black. Denton and Mollique argued that would minimize any perception of bias."
"The court has authority to remedy the situation," Denton said, citing a 2021 federal appeals court ruling saying courts have "inherent authority" to manage important processes like jury selection."
Eboni Route, a Black woman charged with misdemeanor battery against a police officer and resisting arrest, faced a jury selection crisis in Alameda County Superior Court. After approximately two dozen prospective jurors were excused for hardships such as lost wages, no Black jurors remained in the pool. Route's defense attorney Janeek Mollique and assistant public defender Charles Denton requested Judge Pelayo Llamas call a new jury panel to ensure at least one Black person could potentially serve, arguing this would minimize bias perceptions. Denton cited a 2021 federal appeals court ruling establishing courts' inherent authority to manage jury selection. Deputy District Attorney James Logan objected, suggesting the defense could appeal after a verdict if they believed the process was flawed.
Read at The Oaklandside
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