No decision yet if defense can question juror about concerns of possible racism in murder trial

After questions were raised over whether an African-American defendant could have received a fair trial by a Manatee County jury, Circuit Court Judge Diana Moreland held a hearing Friday morning to hear arguments on whether a juror could be interviewed by the defense but held off on making a decision.

Meanwhile, a second member of the panel that found Jimmie McNear guilty has written the court to dispute the first juror’s claims.

McNear, 21, was found guilty on Nov. 9 of second-degree murder, manslaughter and armed burglary by a 12-person jury. He is scheduled to be sentenced Jan. 3 and faces up to life in prison. The charges stemmed from a July 9, 2015, armed burglary of a home in the 3900 block of Southern Parkway in Bradenton in which Kantral Brooks and Esther Deneus were killed.

In letter stamped received by the court on Nov. 17 and entered into the online court docket on Nov. 21, one of two African-American jurors who served on the jury raised concerns over whether McNear received a fair trial. Defense attorney William Bennett said Friday that on Nov. 20 his office received the letter in an email from the court. He was out of the office that day but read the letter when he returned, he said.

In the first juror’s letter, she said she was treated as if she was “dumb” and “had no opinion.”

“There is no way any black defendant could ever get a fair trial with racist evil people such as those that I had the unfortunate time sitting with,” the juror’s letter continued.

The letter also accused one of the prosecutors of giving her a “mean look” and staring her down.

The juror told the Bradenton Herald on Monday she was horrified by the “extreme racism” she saw and that some jurors were ready to make a conviction without any discussion.

Bennett filed a motion on Nov. 28 the court to allow him to interview the juror to discuss the specific statements.

But Friday, Assistant State Attorney Art Brown said he is not sure the letter is enough to warrant interviewing the juror, since nowhere in her letter did she say anyone made any racial slurs or remarks in the course of deliberations.

Bennett argued that the question of whether his client got a fair trial was specific enough reason.

Moreland said she was saddened by the idea that the letter had to be written at all, adding she thought the attorneys did a good job questioning potential jurors prior to the trial’s start.

Moreland has already denied motions from the defense for a new trial and a judgment of acquittal.

During Friday’s hearing, Moreland handed the attorneys a letter received by the court from a second juror. Bennett referenced during the hearing that the letter said when this second juror heard about the allegations made in the first letter, they became upset. Brown said the second letter denied the remarks mentioned in the first were made.

A copy of the second letter was not immediately available.

The hearing on whether the defense can interview the juror who penned the first letter is in recess until the court can speak with the juror.

This story was originally published December 8, 2017 at 11:00 AM with the headline "No decision yet if defense can question juror about concerns of possible racism in murder trial."