“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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