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Smith v. State12/22/2000
counsel failed to establish a prima facie case of racial discrimination in the prosecution's peremptory strikes was not clearly erroneous.
IV.
The appellant contends that the trial court erred in denying his motions challenging veniremembers C.S. and K.L. for cause, and in granting the prosecution's motion challenging veniremember J.D. for cause. All three veniremembers were questioned extensively on voir dire.
In regard to the trial court's denial of his challenge for cause of C.S., the appellant argues that the voir dire examination of C.S. revealed that he was biased against the defense, and further revealed that, because of ties with the prosecution, he was unable to be impartial. In reference to C.S., the record shows the following:
"MR. BRANTLEY [defense counsel]: ou've worked for years with the Federal Bureau of Investigation as an agent?
"[C.S.]: Twenty-five and one-half years. And I worked with Gary Maxwell's [chief assistant district attorney's] father for 14 years in the FBI office.
"MR. BRANTLEY: And you, also, practiced criminal defense as an attorney after you retired from the FBI?
"[C.S.]: On a limited basis, I practiced law over the years. "MR. VALESKA [district attorney]: ... [C.S.], you know me, also, [we are] personal friends.
"[C.S.] I would say that about you and Gary.
"MR. VALESKA: You practiced criminal law. In fact, we tried cases against you. In fact, you whipped me in court; correct?
"[C.S.]: One time.
"MR. VALESKA: ... hen I ran for district attorney, you supported me and you supported me with donations, putting up signs, served on the Boys' Club, Hawke-Houston Boys' Club with you and your wife. We are all personal friends. Grew up with your sons. ...
"THE COURT: Okay, any questions?
"[C.S.]: I better be honest with you. I'm law-enforcement oriented because my major profession was being a FBI agent, and I would be pro- law enforcement, unless it was one of my clients that I am defending. Then, I wouldn't be pro-law at that point.
"MR. BRANTLEY: ... I'm glad that you offered that, that you might be neutral, having practiced criminal defense. ... o you feel that sitting on the jury, that all of your years of being law enforcement might have some affect on you with regards to the decision you would make about the defendant's guilt or innocence?
"[C.S.]: No, I wouldn't be predisposed to say, `Hey, he's automatically guilty,' no.
"MR. BRANTLEY: Do you think that in all of your years with the FBI that you may have gained some experience in being able to read between the lines, so to speak, and to figure out things about this case that wouldn't be in evidence? In other words, you've got some street-smarts about figuring defendants out. You've been in law enforcement and you've been a criminal defense attorney. Do you feel that you would use your street-smarts, so to speak, through the FBI training in helping you reach a decision today?
"[C.S.]: It may be in evaluating witnesses and seeing how they react on the stand.
"MR. BRANTLEY: And even if the judge instructed you that you couldn't use that, that you had to base your decision solely on the evidence you heard and saw, it would be hard for you to keep that FBI training for the law enforcement aside, wouldn't it?
"[C.S.]: I don't think so." (R. 180-85.)
"MR. BRANTLEY: ... The fact that you worked on Mr. Valeska's campaign, or, at least, you supported him in his re-election, what did you do for his campaign?
"MR. VALESKA: Just for the record, he ma
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