Judges Respond to Concerns About Jury Pool Diversity

U.S. Attorney Jeffrey A. Taylor, whose office prosecuted the Horne case, said in a statement that Kravitz's decision infringed on the prospective jurors' rights.

"As the court and defense counsel both recognized, there was no legal basis to excuse the panel simply because of its racial composition," he said. "It's a fundamental principle of law that individual citizens have a constitutional right to participate as jurors without being discriminated against on the basis of one's race."

In a statement issued in response to questions about the case, Kravitz explained his decision:

"The unusual makeup of the panel created an appearance of unfairness to the defendant, an African American man who faced a lengthy prison sentence if convicted," he said. "I sought a practical, common-sense solution. After determining that other jurors were available and that neither party would be prejudiced by my sending for a new panel, I concluded, in my discretion, that I should request a new panel so that the trial could proceed in a manner that would be accepted as fair and legitimate by all parties."

Horne, 46, who was arrested in May 2006, was to go on trial on charges of second-degree sexual abuse. Authorities suspected that he had sexually assaulted his girlfriend's disabled adult daughter.

Sixty new prospective jurors -- 40 whites, 14 blacks, four Hispanics and two Asian Americans -- were taken to Kravitz's courtroom after he excused the first group. A jury of eight whites (two of whom became the alternates and did not deliberate), five blacks and one Hispanic was seated.

The case moved along and went to the jury, which began deliberating -- and deliberating. After three days and two notes from jurors saying they were deadlocked, Horne decided that he didn't like the new jury.

So, in the midst of deliberations, Horne agreed to plead guilty to lesser charges in a deal contingent upon the judge's accepting a sentence agreed upon by the defense and prosecution. The judge signed off on the agreement.