(Disclaimer: I don’t yet have the trial transcript, so the following post is hearsay.)

One of the biggest mistakes Rhonda Cooper seems to have made in representing Maye was also one of her first moves. That was her change-of-venue motion. Here’s the problem: The raid and shooting took place in Jefferson Davis County, Mississippi. Jefferson Davis County is 57% black. The county Cooper initially approved of for the move was Lamar County, which is 85% white. Cooper apparently realized her mistake, and attempted to get the venue changed back to Jefferson Davis County. But the judge found that in moving for the original change of venue, Maye had waved his right to be tried in Jefferson Davis County. The compromise county — where the trial was actually held — was Marion County, which is 67% white.

Marion County is wealthier than Jefferson Davis County ($21,834 median income vs. $24,555), and much more conservative. Marion County went for Bush in 2000, and for Bush by 67% in 2004. Jefferson Davis County went for Gore in 2000, and for Kerry by 52% in 2004. Since both blacks and the poor are less likely to vote than whites and the wealthy, and Jefferson County is almost 60% black and 28% below the poverty line, it’s a safe bet that Jefferson Davis County is quite a bit more liberal than even its election returns bear out.

Given that it only takes one holdout to hang a jury, moving the trial out of Jefferson Davis County seems to me to have been a pretty devastating blow to Maye’s defense. It probably cost him several black jurors, and almost certaintly pulled a jury more conservative, and more sympathetic to cops than an to indigent kid with an illegitimate daughter. It was less likely, in other words, to be a real jury of his peers.

This entry was posted on Wednesday, December 14th, 2005 at 8:52 am by Radley Balko and is filed under Cory Maye. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.