'Death-qualified' juror search slows marathon, theater cases

BOSTON — One prospective juror was brutally frank when asked whether he could consider a sentence of life in prison for the man accused of bombing the Boston Marathon.

"I would sentence him to death," he said, then added: "I can't imagine any evidence that would change how I feel about what happened."

Another prospective juror said he couldn't even consider the death penalty, telling the court, "I just can't kill another person."

The two men are on opposite sides of the capital punishment debate, but both unlikely to make it on the jury for the trial of Dzhokhar Tsarnaev: to be seated for a death penalty case a juror must be willing — but not eager — to hand down a sentence of either life or death.

The process of finding "death qualified" jurors has slowed down jury selection in federal case against Tsarnaev, who is charged with setting off two bombs that killed three people and injured more than 260 during the 2013 marathon. It is expected to do the same in the state trial of James Holmes, the man accused of killing 12 people and injuring 70 others in a suburban Denver movie theater in 2012.

The process is designed to weed out jurors who have strong feelings for or against the death penalty. A 1985 ruling from the U.S. Supreme Court said a juror can lawfully be excused if his views on the death penalty are so strong that they would prevent or substantially impair his ability to follow the law.

But death penalty opponents have long said the process is fundamentally unfair. They argue that death-qualified juries do not represent a true cross-section of the community and less likely to be sympathetic to the defense.

"You end up with a jury with less women, less blacks, less Democrats ... you end up with a jury that is skewed in ways that make it probably more conservative, more accepting of prosecution arguments, of state authority," said Richard Dieter, executive director of the Death Penalty Information Center, a nonprofit organization that opposes executions.

Holmes' lawyers, citing data from the Capital Jury Project, argued that his jury should not be death-qualified, but Judge Carlos A. Samour Jr. rejected their challenge, saying he is bound by rulings by the U.S. Supreme Court and the Colorado Supreme Court holding that death-qualification is constitutional.

In the Holmes case, an unprecedented 9,000 jury summonses were mailed. As of Friday, 210 prospective jurors had been excused over four days. Individual questioning is set to begin next month.

In the marathon bombing case, 1,373 people filled out juror questionnaires. Individual questioning of prospective jurors has been slowed as the judge has probed people at length about their feelings on the death penalty. The judge had originally said he hoped to question 40 jurors each day, but during the first five days only averaged about 15.

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