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People v. Mayfield1/2/1997
people seem to be," and she said that she had had nightmares about this case.
The prosecutor stated that, based on these responses, he had concluded that although prospective juror Hunter might be "a good juror on a drunk driving or on a robbery case," he had decided that he would be remiss as a representative of the People if he left her on the jury in this capital case. The record amply supports the prosecutor's Conclusion that prospective juror Hunter might well have difficulty serving as a juror in a capital case and, in particular, might have difficulty returning a penalty verdict of death. (See People v. Davenport (1995) 11 Cal. 4th 1171, 1202-1203 [47 Cal. Rptr. 2d 800, 906 P.2d 1068] [prosecutor may exercise peremptory challenges against death penalty skeptics].)
2. Franklin Atkins
The prosecutor explained that he exercised a peremptory challenge against prospective juror Atkins because he was unable to determine Atkins's attitude toward the death penalty, because Atkins had expressed some suspicion of prosecutors in general, and because Atkins appeared to lack confidence in the ability of the judicial system to "convict the right people." As with prospective juror Hunter, the record amply supports these reasons.
When asked to categorize his views on the death penalty using the chart in the courtroom, Atkins at first stated that his views fell in category A, which is a person who "will automatically vote for the death penalty." Upon further questioning by the court, he said that was not what he had meant. Upon questioning by defense counsel, he said his views fell in category D, which is a person who "opposes or has doubts about death penalty but will not automatically vote against it in every case" or perhaps in category C, which is a person who "neither favors nor opposes the death penalty." From these responses, the prosecutor might well conclude that it was impossible to determine with reasonable certainty whether Atkins was or was not a death penalty skeptic.
On general voir dire, Atkins stated that the role of a defense attorney in a "trial such as this" was to "make sure that the prosecuting attorney do not lead a witness astray or make it look like a person actually--or is doing something or saw something they really didn't." Under further examination, Atkins explained that he was not suggesting that prosecutors would deliberately elicit distorted testimony but only that it was the function of each attorney, defense counsel and prosecutor, to act as a check on the other to ensure that the evidence was fairly presented. Nonetheless, the prosecutor's concern that Atkins's initial response might reflect some animus toward prosecutors as a group was legitimate and understandable.
In response to a question in the juror questionnaire asking whether he thought " onvicted murderers should be swiftly executed," ATKINS HAD WRITTEN: "in due time mainly because a person could be inno[cent] a person should be proven [guilty and] there has been time when the wrong person has take the blame." From this response, the prosecutor might reasonably be concerned that Atkins's distrust of the judicial system could make him reluctant to return a verdict of death.
3. Harris Jones
The prosecutor explained that he had excluded Jones by peremptory challenge because Jones gave unsatisfactory answers when questioned about his death penalty views, at one point expressing opposition to the death penalty and at other points repeatedly answering "I don't know" when asked to state his views. In addition, Jones stated that he had ignored the 55 mile-per-hour speed limit, thereby displaying a "cavalier attitude" toward the law.
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