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PROVO, Utah (AP -- Defense attorney Michael Esplin believes Hispanics are underrepresented on juries. But with inadequate record of jurors' ethnicity, it is hard to prove that, a professor testified.
The issue was explored Tuesday during an evidentiary hearing for Daryl Otterson of Springville, who is accused of raping a girl in 2003, and Jacob Loveless, who is charged with aggravated assault in a shooting in 2004.
This issue, although tied to the two cases involving Esplin's clients -- neither of whom is Hispanic -- could have huge implications, said 4th District Judge Lynn Davis.
"This attacks the jury system," Davis said, adding that if he finds Esplin's argument sound, it could affect courts throughout the state.
Esplin said that when 100 potential jurors were interviewed for a case last year, only three were Hispanic.
He said some defendants are not receiving fair trials before juries of their peers -- juries that are representation of all the people in the community.
After analyzing the names in the main jury pool for Utah County, Vincent Fu, an assistant professor of sociology at the University of Utah, testified that only a portion of the data includes the individual's race or ethnicity.
Fu said 3.5 to 4 percent of the names in the master jury list for those in Utah County are Hispanic. Census Bureau statistics put Utah County's Hispanic population at 8 percent.
Fu said that without actually knowing the ethnicity of every person on the list, "There is insufficient information to say for certain Hispanics are underrepresented.
Esplin said the majority of names dumped into the jury pool come from driver's licenses and voter registration. The only place to get information about race is from someone's driver's license -- and the listing is voluntary and often not made.
Esplin said the issue could be clarified if a question about race or ethnicity were on the initial questionnaire sent to those eligible for the jury pool.
Prosecutor Randy Kennard said Esplin's argument that the jury process was unfair was "totally ungrounded."
Esplin is "engaging in well-wishing for the perfect world," Kennard said, adding the expense of using additional methods of obtaining information about potential jurors, such as knocking on every door in Utah County, could outweigh the benefits.
Kennard and Esplin will be back in court for oral arguments on Aug. 22.
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Information from: The Daily Herald, http://www.heraldextra.com
(Copyright 2006 by The Associated Press. All Rights Reserved.)
