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In 2018, a jury found that Darian Lee McWoods, who is Black, guilty of killing his 15-month-old daughter, Kamaya Flores, who had broken ribs, bruising, and methadone in her system when she died five years earlier.
On Wednesday, the appeals court overturned the conviction of McWoods, who is serving a life sentence, after it ruled prosecutors engaged in “purposeful discrimination” during jury selection.
At trial, Multnomah County Senior Deputy District Attorney Amanda Nadell gave race-neutral reasons for dismissing potential jurors six and nine, but the court found those reasons were simply a “pretext.”
Nadell said she used peremptory challenges to dismiss the jurors because one indicated having no experience with children and she believed the other didn’t trust police.
The appeals court, though, found that the answers the Black potential jurors gave were similar to jurors who were not Black and weren’t excused by the prosecution.
Research has shown that racially diverse juries deliberate for longer and make fewer errors. Despite this, Black people are already already less likely to be called for jury service.
It is widely believed among criminal justice reformists that as long as the peremptory challenge exists, there will be cases in which attorneys use it to dismiss jurors for racist reasons.
Last year, Arizona was the first state in the country to eliminate peremptory challenges completely in the jury selection process.
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