Prosecutor
questions juror panel of 500
“All
property rights are much safer in the hands of courts than of jurors.
Every lawyer who represents the poor avoids a trial by the court. -
Clarence Darrow, “Esquire Magazine,” 1936, “How to pick a jury”
“Jury
duty is important in any situation, and it is particularly important
in a case of this nature, which literally is a life-and-death
situation.” - Judge Ralph T. Strother, 19th State District Court
Waco
– Lakewood Villas is upside down and under water in a riverside
neighborhood that is suddenly very valuable due a shortage of student
housing and a planned development of a glittering new multimillion
dollar football stadium just down the street from its 1601 Spring St.
address, just off Martin Luther King Blvd.
The
owners and a managing general partnership called PPA Real Estate
Group out of Austin have agreed to sell short.
The
2012 asking price of $3 million matches the acquisition price
financed in 2007; it is far less than the amount investors have
placed in their total investment. They claim they have spent $1.2
million in improvements of new appliances and air conditioning
systems.
The
equity financing contributor, Avant Capital Partners, now refuses to
spend any more on renovating the structure, which everyone in a
position of authority from city officials to real estate experts
praises for its brick walls and sound architecture, while out of the
other sides of their mouths they criticize the property for its East
Waco location made undesirable by high crime related to drug use and
sales, for which – naturally - the police have no hard and fast
numbers or reports.
Classified
information in the land of milk and honey is extremely difficult to
come by. All requests must first be reviewed by the City Attorney –
litigation or its potential, you see.
Tut.
Tut.
Did
we mention the rundown appearance, complete with broken windows and
boarded-up vacancies?
There
is a dividing line between have and have not, and it's the meandering
course of the muddy old Brazos River. On its opposite bank, the
movers and shakers of the Southern Baptist Convention – captains of
agriculture and industry, finance, law, medicine, and education -
send their kids to learn the ways of managing the plantations and
mill towns.
With
all due apologies to the keepers of the facts and the gatekeepers of
the annals of truth, 1601 Spring St. is a heavily subsidized profit
center for corporate welfare, its owners providing a service for a
system that long ago made its tenants redundant in a world that no
longer plants, cultivates, weeds and picks King Cotton by hand.
A
cursory financial chronology printed in a local newspaper brings the
legend into stark relief:
Built
40 years ago, the complex became so drug-infested and crime-ridden
that the City of Waco shut it down in 1992 as a hazard to public
safety.
The
City of Waco loaned a new investor $370,000 in 1993 in a scheme that
saw the grant of a federal housing tax credit. Pecan Gardens reopened
as Lakewood Villas in 1995. Under those terms, the government
requires that all the units must be rented to tenants who make less
than 60 percent of the median income, and the restriction remains in
place until 2024.
Our
story:
RICKY
CUMMINGS is a tall, extremly dark-featured young man with an
erect posture and, in the setting of the court where he is on trial
for his life as an accused capital murderer, a reserved manner made
more severe by his costume of a clean and freshly pressed charcoal
black suit and a white shirt with French cuffs.
He
has been in jail since April 1, 2011, charged with two counts of
attempted capital murder in connection with other offenses and
capital murder of multiple victims.
All
eyes in the courtroom suddenly focused on him when the prosecutor
asked a prospective juror named Mr. S___ if he was aware that a
“living, breathing human being” could be strapped down on a
gurney, a needle pushed into his vein, and his life taken by the
executioner.
The
choices for veniremen are stark. Mr. Cummings is either guilty, or
not guilty. If convicted in the state's case in chief, he is eligible
for the death penalty if jurors make the first of one of three
findings they will be asked to determine during the punishement phase
of the trial.
Is
there a probability the defendant woud commit further acts that would
present a threat to society?
The
lead prosecutor in the case on Tuesday afternoon explained to Mr.
S____ that “society” includes the people who are locked away in
penitentiaries, as well as the corrections officers, visitors, and
civilian staff members.
Asked
if he agreed those individuals deserve the protection of the State of
Texas, he readily agreed.
He
said, “Yes,” vigorously nodding his head and grinning broadly,
his forked goatee bobbing up and down.
Could
he apply the facts and evidence presented during the sentencing
hearing to make a determination that would lead him to answer “No”
on the verdict form if he finds that there is any indication that Mr.
Cummings does not, in fact, present a threat to society?
Mr.
S___ is an extremely agreeable young man. He was dressed for work as
an electrician, wearing worn blue jeans and a t-shirt. He appeared
somewhat confused by the intricacy of the question.
The
prosecutor asked, “What do you think about prison? Do you think of
prison as part of society?”
Mr.
S___ became more withdrawn. His happy face froze; he suddenly averted
his gaze downward, inspecting the railing of the witness box with
grave intent.
The
prosecutor helped him out a little more. He asked, “Could you wait
until you have heard all the evidence before you answer that
question?”
On
defense motions, the Court has summoned a special venire numbering
nearly 500 prospective jurors to hear the facts in a case of what
appears to have been a pre-meditated, armed confrontation between Mr.
Cummings and his associates that left two young men shot to death and
a two others wounded in March 2011.
“Today,
it's almost like it never happened...We don't seem to be having any
impacts today,” gushed Glenn Gonzales, president of PPA Real Estate
Group. He admitted to a reporter for the local daily that some
residents broke their leases to move away, the company hired a
security firm, and the management felt compelled to evict some of its
tenants.
He
further explained it's not like a project his firm manages across
town where the occupancy rate is nearly 100 percent.
It
will take anywhere from a fortnight to a month to seat a jury panel
in the trial, the first of a series for the group accused of gunning
down the occupants of a car in the parking lot of Lakewood Villas one
dark night in the spring of 2011.
Veniremen
were asked to fill out a 19-page questionnaire last Friday. It covers
each element of the charge of capital murder. The prosecutor hit only
the high spots, the areas Mr. S____ neglected to fill out.
The
venireman said, with his grin and bobbing head, his agreeable
laughter punctuating his comments, that he was seated next to a
left-handed person who kept elbowing him in the ribs as he tried to
write his answers.
Is
he aware that pre-meditation can be instantaneous, that the moment
one decides to aim a firearm and pull the trigger is considered
enough of a pre-meditation to reach a verdict of guilty?
Yes.
Is
he aware that killing two or more people is automatic grounds for the
charge of capital murder and a sentence of death?
Asked
for his attitude about that, he answered, repeatedly, “Whether it's
one or five, what's the difference?”
The
prosecutor answered, “You have to call your legislator to get the
answer to that.” He grinned heartily, a good old boy chuckle in his
voice.
Mr.
S___ countered, “I don't know why it is, but sitting up here, I'm
really nervous.”
He
had left blank the two subsequent questions veniremen are asked to
answer regarding the distinction between a verdict of death or life
without possibility of parole.
On
the questions of culpability and mititgation, Mr. S____ said, “I
guess I'm really not sure what you're saying...I guess I'm still
lost.”
When
the prosecutor tried it again, he said, tentatively, in an uncertain
tone, “I think it's asking if imprisonment is fair enough?”
Judge
Ralph T. Strother, a seasoned ex-prosecutor, finally told the
Assistant DA handling the questioning, “You're going to have to ask
that again. I don't think he understood you.”
Could
he consider sufficient mitigating circumstances that would warrant a
sentence of of life without possibility of parole?
There
was more confusion, and the prosecutor rephrased the question in
several different ways, all of them designed to determine if the
prospective juror has an equal comfort level with assesssing evidence
that would lead him to believe that a death sentence is appropriate,
or if there are mitigating factors that would make a life sentence
the right choice.
When
the defense cousel, Walter Reaves, got his chance, he reminded Mr.
S___ that “It's our job to make you think about it...You were in a
crowded room for a reason; there are a lot of people who just aren't
qualified to do this because they can't do it.”
The
young man became even more noncommital.
When
the two attorneys finally agreed they had no more questions,
the
judge made a few cursory remarks, then sent him into the corridor to
await the decision of the attorneys.
The
prosecutor said he wanted to admit him to the jury.
The
defense counsel said he wished to strike him for cause.
“That's
denied,” said Judge Strother, his nostrils flaring, his eyes
flashing fire.
Mr.
Reaves chose to change his strike to a peremptory challenge, one of 15 allowed in a capital murder trial in which the defendant is being tried alone.
When
he was called back into the courtroom, Mr. S____ stood before the
Judge and heard him thank him for doing his civic duty. He bobbed his
torso and head up and down vigorously, grinning, when he was told he
would not be chosen as a juror. He backed out of the swinging door, nipped nimbly down the two little half steps, and bounded across the rotunda,
loping for the elevator.
No comments:
Post a Comment