On Monday a leftist Obama-appointed NYC judge threw out a case against a gang member with a long rap sheet. Why?  Because she decided the grand jury pool, where the jurors who indicted him were chosen from, was too white. Imagine if the opposite was done in Alabama. Could a grand jury pool be too black? If that was decreed by a judge the cry against it would be mighty. But left wing racists can do what they like and get away with it in today’s America.

FNC: “A federal judge in Manhattan tossed an indictment against a Bronx shooting suspect because of a lack of racial diversity in the White Plains grand jury pool — the first such ruling since city cases were moved to the suburban county amid the pandemic. Judge Analisa Torres sided with defendant William Scott, who had argued that Black and Hispanic people were underrepresented in the grand jury pool that returned an indictment against him in June of last year. Scott was charged with possessing ammunition in connection to a shooting in the Bronx, but was charged in the Southern District of New York’s White Plains divbigotry.

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His attorney had argued that because Scott was charged in the White Plains division — instead of the district’s more diverse Manhattan division — prosecutors excluded potential jurors from southern counties of the district. Prosecutors had stated they charged the case in the White Plains division ‘amidst a global pandemic that suspended grand juries across the country,” according to the opinion.’ ”

 

“Defendant has produced clear statistical evidence of underrepresentation of Black and Latinx individuals in the pool from which his grand jury was drawn, and a jury selection process that was susceptible to abuse,” Torres wrote in her racist judicial opinion. “The Government has failed to meet its burden by coming forward with evidence rebutting the presumption that such underrepresentation was the result of purposeful discrimination,” she wrote Monday. “Therefore, Defendant has established a violation of his Fifth Amendment right to a race-neutral jury selection process.” One wonders what her reaction would have been if the jury was all black?

The New York Post added: “Scott is a reputed member of the Bloods gang who allegedly opened fire outside 765 E. 183rd St. amid a dispute with the 36-year-old victim, who lives on the block, law-enforcement sources said. It was unclear why Scott, who lives around the corner, allegedly targeted the man. Scott’s rap sheet lists 25 arrests that date to 1999 and include previous busts for attempted murder in a botched shooting, assault, burglary, weapons possession and drug charges, sources said.”

Scott “posed a sufficiently serious risk to public safety that it was untenable to delay his prosecution until grand juries were more readily available…Accordingly, to indict the instant case expeditiously and to protect public safety, the Government sought an indictment in White Plains, where a grand jury was available,” the case prosecutors said. Their letter also correctly noted that “identical claims” to those made by Scott were recently rejected by three other Manhattan federal judges.