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State v. Greenleaf4/15/1999
must make a prima facie showing that the challenge was exercised on the basis of either race or gender. See id. at 96 (race); J.E.B., 511 U.S. at 130-31 (gender). We have stated that " prima facie case of racial [or gender] discrimination is established by showing that one or more members of a racial group [or gender classification] have been peremptorily excluded from the jury and that circumstances of the case raise an inference that the exclusion was based on race [or gender]." State v. Stewart, 514 N.W.2d 559, 563 (Minn. 1994).
Second, once a prima facie showing has been made, the burden shifts to the prosecutor to articulate a race- or gender-neutral reason for the challenge. See Batson, 476 U.S. at 97. We have stated that the explanation provided by the prosecutor does not have to be "valid" in the sense of establishing a reasonable basis for challenge, but must instead be race- or gender-neutral depending on the challenge. See State v. McRae, 494 N.W.2d 252, 254 (Minn. 1992). This second step "does not demand an explanation that is persuasive, or even plausible." Purkett v. Elem, 514 U.S. 765, 767-68 (1995). "At this step of the inquiry, the issue is the facial validity of the prosecutor's explanation. Unless a discriminatory intent is inherent in the prosecutor's explanation, the reason offered will be deemed race [or gender] neutral." Hernandez v. New York, 500 U.S. 352, 358-59 (1991).
Finally, if the prosecutor successfully establishes a race- or gender-neutral reason for the challenge, the trial court must then determine whether there has been purposeful discrimination. See Batson, 476 U.S. at 98; State v. Gaitan, 536 N.W.2d 11, 15-16 (Minn. 1995). If the basis for the challenge given by the prosecutor is one that will result in the disproportionate exclusion of members of a certain race or gender, the trial court may consider this as one of the relevant circumstances bearing on the determination of whether the facially-valid reason given by the prosecutor is a pretextual explanation offered to mask a discriminatory intent. Hernandez, 500 U.S. at 362-66. However, considerable deference must be given by a reviewing court to the trial court's finding on the issue of intent because the finding typically will turn largely on an evaluation by the trial court of credibility. See id. at 366-69. If a prosecutor had a prohibited discriminatory intent or motive for striking a juror, a defendant is automatically entitled to a new trial because harmless error impact analysis is "inappropriate in the case of a defendant convicted by a petit jury if there was racial discrimination in the selection of that jury." McRae, 494 N.W.2d at 260.
In this case, because Greenleaf was a Native American and both prospective Native American jurors were struck, a prima facie case was established. The prosecutor, however, met his burden under the second step of the Batson analysis by articulating race-neutral reasons for the challenges.
As to the first Native American struck, those race-neutral reasons included the juror's negative feelings toward government and law enforcement in particular, her sympathy for a brother in prison for criminal sexual misconduct, her feud with a sister employed as an attorney by the state, her admission that she held views that were "different," and her view that numerous assaults against her family members were "not serious," even though bones had been broken. As to the second Native American struck, the prosecutor's race-neutral reasons included the juror's admitted sympathy towards the defendants, the juror's acquaintance with Red Lake community members, some of whom were potential witnesses, the fact that the juror's wife was on probation for welfare frau
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