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State v. House2/24/1999
venire, he would have to prove "the degree of under-representation [of a particular racial group] by comparing the proportion of the group in the total population to the proportion called to serve as . . . jurors, over a significant period of time." Castaneda v. Partida, 430 U.S. 482, 494 (1977). He would then need to support the presumption raised by the statistical evidence with evidence of "a selection procedure that is susceptible of abuse or is not racially neutral." Id. " factual inquiry is necessary in each case that takes into account all possible explanatory factors." Alexander v. Louisiana, 405 U.S. 625, 630 (1972). House made no such challenge. In fact, though Doña Ana County has a Native American population of 0.8%, Native Americans comprised 4.42% of the jury pool in the third trial.
{108} Though House emphasizes that a small number of Native Americans lived in Doña Ana County, he offers no evidence that Doña Ana County was an unfair venue in which to try this case. He never suggests that the people of that community, as reflected by the opinions of prospective jurors in voir dire, had such fixed opinions about this case that the jurors were incapable of laying aside their preconceived notions and basing their judgment exclusively on the evidence presented at trial. In other words, he makes no showing of actual prejudice. Similarly, he offers no evidence of the kind of presumed prejudice that rendered Taos County an unfair venue in this case. If anything, the trial court offered strong evidence to the contrary, showing that there was no inundation in the community of inflammatory publicity that would give reason to presume that the trial would be unfair. We conclude, based upon exhaustive examination of the record, that House did receive a fair trial in Doña Ana County.
{109} The trial court diligently sought a fair venue in which to hold the third trial. Judge Blackmer, in examining the various venues proffered by the parties, attempted to balance the demographic composition of the community with the amount of prejudicial publicity to which the citizens had been exposed. The trial court noted that the television stations in Albuquerque had, more than any other television market, given the House case extensive and inflammatory coverage. Doña Ana County was among those New Mexico counties that receive little coverage from Albuquerque broadcasters. See Venue Order, slip op. at 11-12 (Finding of Fact 17(A)). The trial court drew similar Conclusions about the limited influence of Albuquerque radio and newspaper coverage on Doña Ana County. See id. at 13-14 (Findings of Fact 17(B)-(C)).
{110} In Doña Ana County the trial court conducted extensive voir dire that included questions about pre-trial publicity and inquiry about racial attitudes. The trial court granted all but one of House's challenges for cause. House struck from the panel two of the jurors who identified themselves as Native Americans. House has offered no evidence that any of the prosecution's challenges involved the ethnicity of any juror. House did not object to the racial composition of the jury that was eventually seated. See United States v. Morales, 815 F.2d 725, 732-34 (1st Cir. 1987) (describing, in sensational case in small community, exhaustive "voir dire of nearly 200 potential jurors which lasted 17 days" and concluding that the record shows jury was impartial). "The trial court's determination as to the impartiality of jurors may be set aside only for manifest error." Id. at 733. There is no evidence in the record that the trial court's decision departed from the dictates of "law, caution, and prudence." Alaniz, 55 N.M. at 318, 232 P.2d at 985.<BR>
{111} Trial courts have no
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