BOSTON (AP) — As jurors in the double-murder trial of ex-NFL star Aaron Hernandez deliberated for a second day Monday, one of Hernandez’s lawyers told the judge that his selection of a white woman as forewoman of the mostly minority jury has “troubling racial overtones.”
The jury has deliberated about 12 hours since Friday without reaching a verdict. Deliberations are set to resume Tuesday.
Attorney Ronald Sullivan Jr., a black Harvard law professor, said the judge’s choice of a white woman as forewoman ensured she would remain on the jury instead of being dismissed as an alternate. He said each juror of color should have had the same opportunity to remain on the jury and serve as the foreman or forewoman.
Judge Jeffrey Locke, referring to an objection the defense first made last week, said he found it “astounding” that Sullivan would make that claim.
“Accusing any court of being racist is not only offensive to the individual judge, but to the tribunal and the integrity of the tribunal,” Locke said after the jury was sent out of the room to deliberate.
Locke, who’s white, said the woman he chose was attentive during the trial. The judge also said it is his practice to select a foreman or forewoman before alternate jurors are eliminated by lottery. Twelve jurors are deliberating in the case.
Sullivan said the judge’s choice is troubling because the racial makeup of the jury is predominantly minorities.
Hernandez, a former tight end for the New England Patriots, is charged with killing Safiro Furtado and Daniel de Abreu in a 2012 drive-by shooting in Boston. Prosecutors say Hernandez felt disrespected after one of the men accidentally spilled his drink at a nightclub. Hernandez’s lawyers say Hernandez’s former friend, Alexander Bradley, shot the men over a drug deal.
The victims were Cape Verdean. Hernandez’s father was Hispanic, and his mother is Italian.
Hernandez, 27, is already serving life in prison in a 2013 killing.
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