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Gottschalk v. State11/23/2001
principle of race neutrality."
Because the prosecutor offered a race-neutral explanation for the peremptory challenge of juror Bannon, the remaining question is whether Gottschalk proved that the prosecutor's explanation was a subterfuge to mask a discriminatory intent. Judge Motyka found that Gottschalk had not met this burden; the judge concluded that the prosecutor had offered an honest explanation for the peremptory challenge.
The transcript of juror Bannon's voir dire may not show that the prosecutor's apprehensions were well-founded - but, as explained above, that is not the issue. Judge Motyka found that the prosecutor honestly exercised the peremptory challenge for the reasons the prosecutor articulated: apprehension over Bannon's apparent hostility and apprehension over Bannon's statements concerning Native sovereignty. Judge Motyka's decision regarding the prosecutor's credibility and good faith necessarily rested, not only on the judge's assessment of the content of Bannon's answers, but also on the judge's assessment of such imponderable factors as the prosecutor's tone of voice and demeanor. Because of this, we can not say that Judge Motyka's conclusion is clearly erroneous. We therefore uphold Judge Motyka's denial of Gottschalk's Batson challenge.
Conclusion
The judgment of the superior court is AFFIRMED.
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