“font-family: Verdana; font-size: 13px;”>The shooting of a

University City cop on Halloween night got my interest back in

2008. Shortly after the incident, Todd Shepard was arrested in

Kansas City and charged with the murder of Sgt. Michael King, a

veteran officer. Shepard’s trial started this week in St. Louis

County Court.

“font-size: 10.0pt; font-family: Verdana; color: black;”>The media

made it clear that the officer was white and that Shepherd was

African-American. But what were the circumstances of the case? Who

were these two men? What was their relationship, if any?

“font-size: 10.0pt; font-family: Verdana; color: black;”>From the

many years of dealing with these cases, I could predict some

things. With this being a police killing, County Prosecutor Bob

McCullough would be personally prosecuting the case.  His own

father was a police officer killed in the line of duty. McCullough

seems to feel that it is his duty to prosecute all alleged cop

killers.

“font-size: 10.0pt; font-family: Verdana; color: black;”>I knew

that the jury would contain only one or two African Americans and

that McCullough would be seeking the death penalty for

Shepard.

“font-size: 10.0pt; font-family: Verdana; color: black;”>Sitting in

the courtroom on the first day of trial, all of the above was

confirmed: McCullough is the chief prosecutor; he is seeking the

death penalty and there are only two blacks on the jury.

“font-size: 10.0pt; font-family: Verdana; color: black;”>Based upon

McCullough’s opening statements, his intent is to prove that

Shepherd killed Sgt. King as part of a plan to start a revolution.

This revolution would be ignited by the killing of a police

officer.

“font-size: 10.0pt; font-family: Verdana; color: black;”>Jury

selection was the first bone of contention by Shepard’s defense

attorney. This motion was made too late in the process, given that

Judge David Vincent III had given the defense the opportunity to do

so last week after jury selection and there was no

objection.

“font-size: 10.0pt; font-family: Verdana; color: black;”>The

defense attorney admitted to the court that it was a “professional

error” not to do so, given that he was very familiar with

McCullough’s tactic of expanding the jury pool and allowing blacks

to be alternates. This gives the appearance of a somewhat diverse

jury, even though the chances for alternates to participate in the

verdict decision are slim. The tactic slyly sidesteps being in

violation of Batson v.

Kentucky that keeps prosecutors from striking jurors based

solely on their race.

“font-size: 10.0pt; font-family: Verdana; color: black;”>A poster

by the elevator in the court house promoted Jury Appreciation Day

in May. Along with extolling the virtues of being a juror, it

included a picture of a jury. The jury in the picture was so

unrealistically diverse racially, I had to smile. Even court trials

on television show don’t fake it this bad.

“font-size: 10.0pt; font-family: Verdana; color: black;”>This will

be a complicated case as are most capital murder cases. I hope the

jury is up for the challenge.

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