A Hamilton County debate over allegedly unconstitutional jury selection processes that garner mostly white juries has fallen flat for a second time this year.
Chattanooga attorney Ryan Wheeler filed a motion alleging unconstitutional jury selection on behalf of his client, Wendell Glass, 50, who is accused of possession of cocaine with intent to manufacture, deliver or sell.
The county’s master jury list is made up solely of residents who have driver’s licenses or state identification cards, and white people and those of a higher economic status are more likely to have a license, the motion said.
Wheeler is expected to obtain county race data from the Tennessee Department of Safety and Homeland Security, which maintains license records, on or before Oct. 18, he said in court Friday.
Prosecutors asked that Wheeler’s motion be dismissed on the grounds that it was filed too close to Glass’ trial date, which is set for Oct. 21.
The issue over jury composition is so important that the defense wouldn’t mind pushing Glass’ trial date, and the motion was filed late due to the potential incoming race data, Wheeler said in court Friday.
“We are dealing with a fundamental right,” he said.
The state, same as the defendant, has a right to a speedy trial, prosecutors said. Glass’ trial was already delayed once, so an overseas witness could be present.
Two witnesses in the case against Glass have already been lost, prosecutor Kelli Black said Friday.
Hamilton County Criminal Court Judge Barry Steelman ultimately denied the motion, so it will not be argued further in Glass’ case.
It doesn’t necessarily mean conversations surrounding the jury selection process are over.
Earlier this year, Chattanooga attorney John Cavett filed a similar motion in Hamilton County Criminal Court on behalf of Jonathan Parker.
Hamilton County Circuit Court Clerk Larry Henry was scheduled to testify about relying on license data, but the state dismissed with prejudice the charges against Parker before a hearing on the matter could take place.
According to in-court statements, the unconstitutional jury selection motion seems to be one that could be tacked on to many criminal defendants’ cases.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.