Saturday, May 04, 2002
Murder conviction overturned
Jury selection is faulted
By Dan Horn dhorn@enquirer.com
The Cincinnati Enquirer
An appeals court on Friday overturned the conviction of Anthony Walker, who jurors found guilty of killing a Northside tavern owner five years ago.
The Ohio 1st District Court of Appeals ruled that Mr. Walker, 44, did not get a fair trial because prosecutors did not adequately explain why they excluded an African-American from the jury.
Both sides in a trial are permitted to exclude a limited number of potential jurors, but the law requires them in some instances to explain to the judge why they are doing so. The law does not allow excluding a juror on the basis of race.
Mr. Walker was convicted of murder in 1997 in the shooting death of James Hebert Sr., 53, owner of Coach's tavern. Common Pleas Judge David Davis sentenced Mr. Walker to 26 years in prison.
The appeals court sent the case back to Judge Davis last year.
Judge Davis then held a hearing during which prosecutors said they feared the potential juror would put a bigger burden on the state's case because his job at the Internal Revenue Service required him to make corrections daily.
The judge accepted that explanation and upheld Mr. Walker's conviction. But in its decision Friday, a three-judge panel of the appeals court said the hearing was insufficient.
A new trial date has not been set.
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