Badsen Case News Today

There are cases, federal cases, important cases, john, that say you should have a jury that reflects the diversity of the community. its called the batson test. the courts do try to get this kind of balance. the question is why did they fail here? number one, it may be that a lot of the black jurors, this is what the judge has said, disqualified themselves in some of the answers they gave, indicating they knew too much about the case or had already formed an opinion about the case. and thats one...

In jury selection. but he did kwauf that by saying that when he questioned the jurors about why they knocked off some of the black jurors, they gave him what are called racially neutral reasons for having knocked the person off the jury. under the badsen case, thats a proper analysis. i think when lawyers look at what happened in this case its very unfortunate. but probably the judge acted legally. . >> joey, is this a good situation for the prosecution? who is to blame for this happening? . >> ...

Arguing that the prosecution is in essence making a decision like that, right? in this particular situation you have the defense making that argument. and so i think its a pretty interesting and unusual situation. but we are where we are. >> lawyers -- its called a reverse badsen situation. when the case came down, if there was discrimination and somebody got convicted, their conviction could get reversed and it would get sent for a new trial. but here its not the prosecutors who are discriminat...

Of the notion of these requirements because it takes some of the pressure off them. >> and they want a rule. they want to be able to go back to workers and say lets move to a vaccinated workforce. it allows the government to be the mandator, not necessarily the business. you are seeing businesses deny death benefits. delta saying $200 extra a month for health benefits. it is $50,000 when hospitalized even briefly for covid. companies want vaccinated workforces. >> christine romans, cyclone. >> f...

Youre seeing morris county there. jack chiattarelli won it by 14, biden won by 4. thats a 14-point swing. chiattarelli won by 12, biden won by 16. thats an 18-point swing. and i want to point out bergen county. it is a county ta phil murphy was able to win, but he is leading just by five points. joe biden won it by 16, 16 points, biden won. a huge difference. about a 12-point swing county to county if you look at this. the difference between phil murphy and terry mcauliffe might have been phil m...

>> reporter: prosecutors accused the defense team of being discriminatory based on race. after two hours of arguments, jim themity womsley sided with the prosecution. >> it seems to be intentional discrimination. >> reporter: but ultimately said the case could go forward with the jurors. >> in the state of georgia, all they need to do is the related reason. they have been able to explain why, separate from race, those individuals were in fact, struck from the panel. >> reporter: a member of the ...

With what we all understand justice to be about. >> reporter: it was in february 2020 when arbery was jogging in a neighborhood near brunswick, georgia, when gregory mcmichael and son travis chased him in a truck and the son shot him. a neighbor recorded him with a cell phone and hit arbery with his truck. all three pleaded guilty to allstate charges, including felony -- all three pleaded not guilty to all state charges. >> joining me now is paul cowan, new york city prosecutor. paul, this count...