Pubdate: Sat, 16 Apr 2005
Source: Miami Herald (FL)
Copyright: 2005 The Miami Herald
Contact:  http://www.miami.com/mld/miamiherald/
Details: http://www.mapinc.org/media/262
Author: Kevin Deutsch
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

JUROR TOSSED; VERDICT UPSET

An appeals court rejected the conviction of a drug suspect because Broward 
judge Sheldon M. Schapiro wrongfully dismissed a Jamaican from the jury pool.

An appeals court has thrown out the drug conviction of a Fort Lauderdale 
man after the judge in that case allowed a Jamaican-born Miramar woman to 
be struck from a panel of potential jurors because of her nationality.

Cedric Frazier, 29, convicted in February 2003 for trafficking in cocaine 
and possession of marijuana, will be eligible for a new trial when the 
ruling of the Fourth District Court of Appeal is finalized.

Frazier is currently serving a 15-year sentence at a prison in Moore Haven.

During jury selection for Frazier's trial, prosecutor Denise Neuner argued 
that juror Hyacinth Anderson, a Jamaican native, should not be on the jury 
because the case involved drug trafficking and Jamaica "is known to be a 
high area for narcotics to be transported in from Jamaica to the United 
States."

Defense attorney Sidney Fleischman argued for Anderson to remain, since she 
was the only potential juror at the time who is black, like his client. But 
Broward Circuit Judge Judge Sheldon M. Schapiro went along with Neuner's 
argument and allowed Anderson's dismissal.

"She's the only [juror] from Jamaica and the court is familiar that Jamaica 
is a place where drugs many times import from," Schapiro said, according to 
the appeals court. "In fact we have many tourists that buy these little 
dolls that are stuffed full of cannabis and other goodies."

The appeals court said Schapiro was wrong when he ruled that Neuner's 
explanation was race-neutral, or based on something other than the race or 
ethnicity of the juror.

"Given the inextricable link between the juror's race, ethnicity, and 
country of origin, we do not view [Neuner's] explanation as 
race/ethnic-neutral," the appeals court judges wrote. "The juror's Jamaican 
national origin is so closely tied to her race and ethnicity that to 
exclude her from jury service solely because of it violates the Equal 
Protection Clause."

The appeals court noted that a Colombian juror was selected without 
objection from Neuner, even though Colombia also is known for drug trafficking.

Later, Neuner tried to dismiss another black woman from the same jury 
because she was from the U.S. Virgin Islands. Neuner again argued that the 
juror's native country was known for drug trafficking. Schapiro did not 
allow that woman to be dismissed.

Members of the Caribbean legal community were angered by Neuner's tactics.

"I'm deeply offended that anyone would label a Jamaican unable to be 
impartial on a jury because they are from Jamaica," said Dahlia Walker- 
Huntington, a Hollywood attorney, Jamaican native, and former president of 
the Caribbean Bar Association. "It had nothing to do with drugs. It had 
everything to do with [Anderson's] color. It is very disheartening that a 
prosecutor would attempt to do that."

Fleischman, the defense attorney who filed the appeal, said Frazier will be 
"ecstatic" over getting a chance at a new trial. Frazier has been in 
custody for more than two years, but soon will return to South Florida, 
where he could be released on bond, Fleischman said.

"I felt very confident that this was going to be reversed when it 
happened," Fleischman said of Anderson's dismissal. "My client was a young 
black male. I know he wanted this woman on this jury."

The appeal's court criticism of Schapiro's ruling harkened back to 2003, 
when the Florida Supreme Court publicly reprimanded Schapiro, saying 
remarks he made in the courtroom were insensitive and inappropriate and 
could have damaged the public's trust in the legal system.

Schapiro once said to an attorney, "Do you know what I think of your 
argument?" and then started a device that simulated the sound of a toilet 
flushing.

His violations include refusing to delay a case when a prosecutor was 
hospitalized because of pregnancy complications, which forced her to leave 
the hospital against her doctor's orders to complete the trial.

Another time, Schapiro summoned a female attorney to a backroom and told 
her she needed to emulate the style of male attorneys because men didn't 
get as emotional about their cases as female attorneys.

In all, he was cited for 13 violations of judicial rules.

This is the second time in recent days that Broward jurors have landed in 
the spotlight.

Broward Circuit Judge Eileen O'Connor sentenced a potential juror to four 
months in jail on March 22 for not disclosing his arrest history in a 
written jurors' questionnaire.

Stacey Forbes, 19, of Pembroke Pines, has claimed he got tripped up on a 
question that asked whether he had been convicted of a crime, which he has 
not. Forbes' mother said he has difficulty reading. In fact, the 
questionnaire asked if he or any family members had been arrested.

Forbes was cited for criminal contempt.

The Associated Press contributed to this report.
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