The trial over the shooting death of 19-year-old Jeremey Lake, by ex-policeman Shannon Kepler, in 2014 has raised the specter of race from the beginning when a white policeman shot and killed a black man because some suspect it was Lake that was dating his daughter.
Early on, the defense made this about race. In three previous trials, Kepler’s attorney, Richard O’Carroll, was successful in keeping African Americans off the jury. Only one has served on the three juries combined. Is it any wonder there have been mistrials and hung juries? It’s been long studied, and proven, that juries that mirror the community give balanced verdicts. Crafty attorneys find shrewd, and often ridiculous ways to remove jurors of color regardless of their race, but, everyone knows why they go after people of color.
As the fourth trial begins, race is once again an issue but the dynamics are different this time. Kepler tried to have the case heard in federal court because of a recent federal ruling which said much of Tulsa County is in Creek Nation territory because it was found that the reservation has not been disestablished. Kepler is part Creek and he believes Tulsa County does not have jurisdiction. Maybe so, but District Judge Sharon Holmes said at this time the Federal Appeals Court has established “no mandate” on this issue. So, she dismissed the motions and others that claim Kepler has been exonerated (he has not) and inconvenienced (sorry, but you did shoot somebody).
As jury selection began, prosecutors accused Kepler’s defense of trying to “purposefully” eliminate African American jurors from hearing the case. Of course, in the fear they would be overly sympathetic to Lake who is half black. Of course, that belief is not used when white juries are in place for white defendants. Apparently, only that is fair.
During the second trial a juror posted on Facebook that he was angry because the two jurors who did not vote for the guilty verdict were open about their opposition of finding a white man guilty for shooting a black man. Of course, that hasn’t kept Kepler’s team from targeting black citizens from serving on the jury. It has worked so far in a trial that would seem to be certain of guilt. District Attorney Steve Kunzweiler has recently been quick to resist Kepler’s attorney from eliminating jurors for race alone.
As opening statements started, Kepler’s attorney started by saying the now retired policeman was only trying to save his daughter from a “sexual predator,” but was reminded in the Judge’s chambers he could not use that term without proof, and later came back to call Lake “violent” instead. A not so veiled attempt to paint Lake as a frightening black male and not the kind and generous man the prosecution painted of the young man. Stoke the flames of racial stereotypes is a tried and true method of manipulating a jury.
The dynamics of the trial changed this time with police testimony and eye witnesses previously unavailable. The defense has kept the drumbeat of saying Lake had a gun, but none was found at the scene, but, a gun was mysteriously offered up that they say was in the trashcan in police headquarters. No fingerprints were found on the revolver. The judge did not allow the gun to be entered in as a weapon carried by Lake.
Josh Mills, a witness to the shooting was not available because he is essentially homeless and the prosecution was not able to locate him to testify in previous trials. He was badgered and accused of activity made to discredit him. When it became so heated the judge adjourned for the day.
In the end, the jury has one black woman, one Hispanic woman and one black woman as an alternate. If one of the jurors other than the lone black female there will be two African Americans which would make the jury closer to the population make up of Tulsa.
In America, tainting the testimony of people of color is nothing new. Nor is it new to feed negative stereotypes to jurors to make them question the character, and ultimately the word, of black witnesses. This is as common as jails that are filled disproportionately with African Americans, who many are there for no reason other than the color of their skin and poor representation.
But, with each passing day we should strive for justice and if it takes four trials, then so be it. There is a preponderance of evidence pointing toward a just settlement of this case, but old tactics of scaring people of lustful and crime hungry black males has got to be met with tough district attorneys who are not willing to let a man get away with murder, no matter what he used to do for living, or the color of his skin. In the end this is a trial on race; a trial to make sure race is not the issue in finding guilt or innocence.
