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By the defense were minorities. five of them were african-american. two were latino. the prosecution did raise a challenge, challenging the striking of the jurors based on race and after hearing the explanations offered by the defense dropped it. so we don t know just to be clear, that is named for the plaintiff in a supreme court case in which the supreme court ruled it s unconstitutional to use race solely as the means of getting rid of a juror. after batson, lawyers are able to give a nonreasonable reasoning for their strike. people get around it all the time, both defense and prosecutor. it sounds nonracial, not explicitly racial so judges allow it. in the retrial, this needs to be looked at. the population is 47% african-american in charleston and 35% african-american. there shouldn t have been only one african-american on that ....
Charleston. it s an interesting place. a little like ferguson, actually, a suburb of charleston that has become majority black. i think it s 60 to 40%. it s odd that that s the jury composition. it s not odd and the defense actually did strike i think seven of the nine jurors struck by the defense were minorities. five of them were african-american. two were latino. the prosecution did raise a challenge, challenging the striking of the jurors based on race and after hearing the explanations offered by the defense dropped it. so we don t know just to be clear, that is named for the plaintiff in a supreme court case in which the supreme court ruled it s unconstitutional to use race solely as the means of getting rid of a juror. after batson, lawyers are able to give a nonreasonable reasoning for their strike. people get around it all the ....
Six-person jury. now that s unusual. it s constitutional and some states have it and florida is one. if this was 12 people, the chances of having an african american it would be higher. frankly, this county is it s not heavily african american but there is a substantial african american presence and i just i think the six-person jury hurt the prosecution. it s important for viewers to understand. hearing about a jury of his peers and jury of his peers. you don t have a constitution of the final jury being representative or a peer, whatever that may be. all that requires is that the jury pooled from a reasonable cross section of the community. your ultimate jury as long as it satisfies batson, can be six females. it s interesting you hear b 37 believes trayvon martin played a role in his own death, that i mean, she done this ....
Appellate decision are not even going to consider that argumentment they are going to consider the fact that the argument that the claim the government picked an all-white jury. there was 11 white and one black on the jury and that they intentionally disregarded black jurors. that is a violation, u.s. v. batson. that is a real claim on appeal. that s the ground. might the argument be made that they are integral, though? one black juror did say, look, i feel really horrible walking into this building with that confederate flag. but the flag s flown there for 60 years and there s been a lot of verdicts in that courthouse and nobody s raised this issue. it s not on the record, avery. it can t be considered. avery, last word on that? it s one in the same. whether it s confederate flag or knocking blacks off, the supreme court s going to take it. let s move on to another case now. this involves a woman who s a ....
u.s. army corps of engineers is expected to open the floodgates on the morganza spillway. the plan is to slowly divert floodwaters away from baton rouge and new orleans. the spillway has not been opened in nearly 40 years. the move will flood other areas in south central louisiana. and this map right here you re about to see it, it says it all. areas in yellow could get up to 20 feet of water and green up to 15 feet. we ll have live coverage of a briefing by the u.s. army corps of engineers at 2:00 eastern time. in areas like morgan city, louisiana, could get disastrous flooding. morgan city is protected by flood walls. but those walls could fail. the city s mayor talked about his concerns with her ed lavandera. reporter: are you worried about it flooding? this is the heart of the city. it is. and it s primarily protected by that wall right there. it would take a failure of that wall, i think, before this would really be at risk. what we re really concerned about ....