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BUSH v. STATE12/1/1995
the explanation given concerning E.H. Had the appellant perceived anything suggesting a discriminatory motive in the prosecutor's strikes concerning the other venirepersons, he should have articulated his concerns to the trial court during its factual inquiry at the third step of the Batson hearing.
With the exception of D.T., the prosecutor articulated facially race-neutral reasons, which were reasonably specific and trial-related, for striking the other named venirepersons. The explanations were neither "implausible or fantastic." As noted, the appellant challenged only the reason given for E.H.; he did not challenge the reasons given for the other named venirepersons. Thus, he failed to meet his burden of proving purposeful discrimination in regard to those venirepersons.
Specifically as to E.H., the appellant contends that the reasons given by the prosecutor for striking her were inadequate and pretextual. As we have previously stated, the trial court found that the reasons given for striking her were (1) that her responses on her questionnaire pertaining to the imposition of the death penalty were equivocal and (2) her demeanor. The record showing the reasons given by the prosecutor for striking this venireperson is as follows:
"MR. GRADDlCK [prosecutor]: This is the Mental Health lady, worked for Mental Health. Her husband is deceased. She equivocated in front of your Honor, as I recall, when she was answering questions. She states down here that she is for capital punishment but doesn't feel that it is a deterrent. But then again she turns around and says that she thinks it's a definite deterrent when she starts to checking things. I had a difficult time, quite honestly, her being a Mental Health worker. Over my 17 years I have found that Mental Health folks want to rehabilitate.
"THE COURT: Well, the Supreme Court says you can't have just general things like that.
"MR. GRADDICK: I know. I didn't feel comfortable with her position with regard to capital punishment.
"THE COURT: She filled out the questionnaire?
"MR. GRADDICK: Yes, sir. She would state one thing and then turn around and state something else. I just couldn't figure out how she really felt about capital punishment. She was one of the latter persons to be struck.
"THE COURT: Is she black or white?
"MR. BELSER [prosecutor]: Black female.
"THE COURT: The reason you struck her was the questions on the questionnaire and her demeanor?
"MR. GRADDICK: Yes, sir. If you read it, it's just not consistent with how she feels about the death penalty. And her demeanor didn't give us any clue either.
"THE COURT: Do you think capital punishment deters or prevents crime? No. She's for it in the answer. She says for it; but it doesn't deter crime. She would be able to recommend. Then down here she says capital punishment is a very definite deterrent.
"MR. GRADDICK: Right. I couldn't tell whether she was for it or against it. With regard to her total outlook about it, I was just not comfortable with her.
"THE COURT: All right. . . ."
Her answers on her questionnaire show that she was not opposed to capital punishment. She further indicated that she thought that capital punishment is a deterrent. Yet to another question she stated that she did not think that capital punishment was a deterrent to crime. The appellant argues that some white venirepersons were not struck even though their answers to their questionnaires were as equivocal or contradictory as the answers of E.H. He contends that this constituted disparate treatment, which, he argues, supports his conten
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