Jury Selection in Hate Trial

March 12, 2010

Justice Robert W. Doyle is in the midst of selecting a jury for the case of Marcelo Lucero, a 37-year-old Ecuadorian immigrant who was attacked by seven teenagers and stabbed to death in Patchogue, New York in November of 2008. The New York Times reports that “Lucero’s death prompted widespread outrage and exposed racial tensions in Patchogue, where a number of Latinos came forward after the attack to describe muggings and assaults that had them living in fear.” The teenagers who attacked Lucero had, according to the police, “made sport out of assaulting Hispanic men, calling it ‘beaner hopping.’ ” Now, as the first defendant is about to go on trial, the process of jury selection is underway. Jury selection has “proven difficult, in part because of the views on Latino immigration held by some prospective jurors in Suffolk County.” One prospective juror said that “her father, a mechanic, has a ‘huge opinion about illegal immigration,’ and that his views on the subject have ‘become my opinions as well.’ ” Another prospective juror took a different view, saying that “most of the clients in her job are illegal Latino immigrants. ‘I don’t think that because of that they should be killed,’ she told Justice Doyle.” Prospective juror Carla Panetta, who was also excused, “criticized those prospective jurors who said they could not be fair because of their views on illegal immigration.” Panetta said, “ ‘I don’t care whether the man was legal, illegal, white, black, purple or green. . . . There was a murder. It almost seemed like the poor victim was the one going on trial.’ ”

Discussion Questions: 
  • According to Long Island defense lawyer and former Nassau County prosecutor Bruce Barket, “ ‘race is probably the most dominant unspoken factor in almost every trial.’ ” What do you make of this statement? Why do you think race appears to be a spoken factor in this case?
  • Some prospective jurors have been excused because they said their strong views on illegal immigration would render them unable to be impartial; others were let go because they said they were Hispanic or had Hispanic family members, and would side with the victim. In what ways does a jury selection process allow people to voice their beliefs and opinions on issues in a manner they might not be able to in other settings?
  • The New York Times writes that, “at times, the jury selection had the feel of a call-in show on talk radio, as men and women sounded off on illegal immigration, hate crimes, their ethnic background and the American dream.” Where in a democracy can people share their ideas and views on sensitive subjects that impact their community? What can be done to ensure that those conversations are civil, respectful, and constructive?
  • Barket reflected on comments being made in the case thus far, saying that “ ‘it is a little bit of a glimpse into the soul of a community.’ ” What does this case say about the community’s feelings towards immigrants? What steps can the community take to become a safe place for immigrants?
  • Joselo Lucero, the victim’s brother, “criticized those who said their feelings on illegal immigration prevented them from being impartial. ‘We’re not talking about any issues about immigration. . . . We’re talking about justice and human rights. This is totally different.’ ” To what extent should it matter that the victim was an undocumented immigrant? How might a person’s feelings about illegal immigration prevent them from focusing solely on justice and human rights? As Lord Coleridge stated in Regina v. Dudley and Stephens (1884), “we are often compelled to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy.” What does he mean? How might his words be applied to this situation?