Use of peremptory challenge to strike two of three minority jurors makes out prima facie claim of racial discrimination

TRIAL United States v. Abdush-Shakur, No. 05-3147, ___ F.3d ___ (10th Cir. Oct. 5, 2006)(Kansas). Appeal of conviction and sentence for attempted murder and possession of a prohibited object by a prisoner in violation of 18 U.S.C. §§ 1113 and 1791(a)(2). HELD: (1) Prosecutor’s use of peremptory challenges to strike two of three minority jurors was sufficient to satisfy defendant’s prima facie claim of purposeful racial discrimination in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). However, where record disclosed that offense was assault on prison official by inmate and stricken juror had close family member who had been incarcerated at same prison and where juror worked in prison ministry and expressed personal familiarity with inmates’ points of view, defendant failed to meet his burden of establishing government’s use of peremptory challenges in this instance was motivated by intentional discrimination. (2) District court properly denied defendant’s request for production of documents under Federal Rule of Criminal Procedure 17(c). Where defendant requested all prison incident reports for previous five-year period involving stabbings, complete personnel records of victim prison official, complete copy of own prison file, list of policies and procedures related to treatment of Muslim prisoners, but merely recited that requested documents were “material and integral to the defense” and that they were “evidentiary, relevant, and requested in good faith,” defendant failed to meet burden of showing that the subpoenaed documents were relevant, admissible, and specific. Read the opinion here.