A fed­er­al judge in Boston pre­sid­ing over the death penal­ty case of two black defen­dants has ordered a change in the process of sum­mon­ing jurors in order to ensure a more diverse jury. U.S. District Judge Nancy Gertner wrote a 95-page opin­ion and not­ed that it would be ​“pro­found­ly trou­bling” if the defen­dants, Darryl Green and Branden Morris, were to face an all-white jury in a tri­al for their lives. Gertner cit­ed stud­ies that showed that wealth­i­er geo­graph­ic areas keep more accu­rate jury rolls and hence have a high­er response rate from sum­mon­ing juries. Poorer areas, where more minori­ties live, require a fol­low-up process when sum­mons­es are returned unan­swered in order to reach the intend­ed per­son.

The pros­e­cu­tion has chal­lenged the judge’s order and the District Court’s Chief Judge has appoint­ed a com­mit­tee of 5 judges, includ­ing Gertner, to review the ​“pro­found issues” raised. The Chief Judge has sub­mit­ted his own brief to the U.S. Court of Appeals that is con­sid­er­ing the prosecution’s challenge. 

(Boston Globe, Sept. 16, 2005). See Race and Federal Death Penalty.

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