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HOUSTON HOME JOURNAL
Will all-white jury be cause for appeal in O.J. verdict?
Dear Readers: Well,
it certainly looks
like O.J. Simpson is
going to prison; maybe even
for the rest of his life. An
interesting aspect of the trial
is that his defense team has
complained about the jury
selection being unfair.
Picking a fair and impar
tial juiy for O.J. Simpson’s
Las Vegas trial, must have
been just this side of impos
sible. Most serious criminal
trials have a certain element
of notoriety.
Indeed, some trials become
locally so infamous that a
judge is forced to move it to
a pool of jurors unaware of
media reports of the crime.
We want juries to decide cases
on the evidence presented
to them in trial, as opposed
to what is learned from the
news before trial.
IDEA
From page 4A
It requires the two pub
lic readings before it can be
passed and it also requires
that once they approve
an ordinance it cannot be
changed or re-addressed for
LETTER
From page 4A
good place to start as to why
the question surfaced. First,
let’s look at national and state
reports that readily disclose
information, even though it
might be embarrassing or
alarming.
There was a National
Assessment of Education
Progress report published on
June 7, 2007 in which data
was collected and analyzed
from the 2004-05 school-year.
The credible national study
found that Georgia’s fourth
grade proficiency scores
(scores that met standards)
for reading were “inflated”.
The inflated CRCT reading
scores ranged anywhere
between 60 and 80 points
when compared nationally on
a NAEP 500-point scale.
Second, the Center on
Education Policy recently pub
lished a report researched and
written by Elizabeth Duffrin
and Caitlin Scott on Aug. 28,
2008 stating: “Beginning in
2005-06, Georgia revised
its state tests and scoring
scales, but it remains uncer
tain whether the state has set
a higher bar for proficiency.
The revised assessments
are aligned to new academic
standards, which the state
rolled out beginning in 200{>-
06.” (Wanda Creel, Houston
County’s assistant super
intendent for Teaching and
Learning, is quoted numerous
times in this publication.)
Finally, in the spring of 2006,
Georgia DOE first released
Lexile scores with the CRCT
reports for all of the children
in grades first-eighth, and 11th
PUBLIC NOTICE
Destruction Of Records:
Students With Disabilities
The Houston County School System, Student Services for Exceptional
Children, intends to destroy specific records that were collected,
maintained, or used in the provision of a free appropriate public
education for students with disabilities. This notice is in compliance
with all policies and procedures that were approved as part of
the Georgia Special Education State Program Plan that are not
Inconsistent with the Individuals with Disabilities Education Act. (20
U.S.C. 14111420)
*
Special Education records set to be destroyed are those for students
who were enrolled in a special education program and have birthdays
that are from September 2, 1980, thru September 1, 1981, and
are no longer needed for educational purposes. Speech records for
students, who were enrolled in speech only programs with birthdays
that are from January to December, 1981, are also no longer needed
for educational purposes are also set for destruction. The system
plans to destroy these records November 24, 2008 unless there has
been a request for a due process hearing. If you as the student or
parents of the student want copies prior to destruction, you should
contact the Office of Mrs. Paula Dougherty, Assistant Superintendent
of Student Services, at 478-988-6215 ext 10153
The'Law'Man
RodwMltr
Many of you may have
noticed, this issue came up in
respect to the death penalty
trial of Damon Antwon Jolly
for the murder of Deputy
Joseph Whitehead.
His trial was moved to
Savannah because the pre
trial publicity in Macon made
it unlikely a fair jury could be
found in Bibb County.
Several years ago, Houston
County hosted the trial
of Lynn Turner, who was
six months. The last part of
that may still need to be ham
mered out - Horton said he
would rather it be for three
months - but at this stage
it appears the first will be
a shoe-in (several council
members were in praise of
it).
It does take into account
grade L/A GHSGT scores. -
Unlike the subjective
Houston County Literacy
Inventory, which is a locally
created hodge-podge instru
ment to measure reading
levels of “at risk” elementary
children, the GDOE reports
that the “Lexile Framework
for Reading is a scientific
approach to measuring read
ing ability and the difficulty of
reading materials.
Knowing the Lexile mea
sures of a reader and text
helps to predict how the text
matches the reader’s ability
whether the text may be too
easy, too difficult or just right."
RE-ELECT
GEORGE NUNN
SUPERIOR COURT JUDGE
HOUSTON COUNTY
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charged with poisoning her
husband in Forsyth County.
Winning a motion seeking a
“change of venue” to a differ
ent county is sometimes the
singular victory for a defen
dant. When I was a prosecu
tor in Miami, a police offi
cer named William Lozano
was initially convicted by a
Miami jury of manslaughter
in shooting two men on a
bicycle.
However, his defense attor
ney, Roy Black, successfully
argued that he could not
have a fair trial in Miami
and his re-trial was held in
Tallahassee.
Lozano was acquitted on
the re-trial; not so much
because of the pre-trial
publicity issue, but because
Miami juries were more like
ly to believe a police officer
could be criminal (there was a
unusual circumstances - i.e.
a startling revelation - so it
is flexible.
And a great idea we're sure
you’ll agree.
Contrary to popular belief,
we - at least speaking as The
Houston Home Journal - do
not enjoy running a head
line that says: “Demon Valley
One might conclude that the
Lexile reading score be used
to guide the differentiated
education process, but not if
the scores are ignored locally.
Stakeholders can access the
Lexile Framework for Reading
Map from the Parent Link on
the Houston County BOE
website, and if I might be so
bold to suggest that once you
get there, click on Frequently
Asked Question tab to learn
more.
The Lexile creators match
an end of year Lexile Level
score with a grade level, which
leads this parent right into a
question that nobody wants
ASK ABOUT
kernel of truth to the “Miami
Vice” portrayal of corruption
from the 1980 s), as opposed
to more conservative jurors
from North Florida, with
a more favorable attitude
about law enforcement.
For O.J. Simpson, a “fair
trial” was less about what
Las Vegas jurors might have
known about a Robbery/
Kidnapping at a Vegas Hotel,
and more about what any
juror in the United States
might know about him and
the drama swirling around
his acquittal of killing his ex
wife and Ronald Goldman,
civil finding of responsibility,
and surreal and sick book “If
I Did It.”
Frankly, you have to won
der about the honesty of any
potential juror, any where in
the U.S., claiming not to have
an opinion about these mur
closed.” Then: “Demon Valley
remains closed but a solution
may be in sight." And finally:
“Demon Valley to open.”
It’s obviously embarrassing
for the City of Warner Robins
and guess what: The City of
Warner Robins is in Houston
County. And we are all citi
zens of Houston County.
to answer: Other than clos
ing the reading achievement
gap amongst disaggregate
groups, why are the “very well
paid local experts” suggesting
and recommending elementa
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SATURDAY, OCTOBER 11, 2008 ♦
ders - the State would have
a legitimate argument about
the objectivity of a potential
juror still believing his inno
cence,
O.J. Simpson’s defense
attorney, Yale Galanter,
made public statements
about errors in jury selec
tion and “Batson” violations.
Lawyers are permitted a cer
tain number of “peremptory
challenges.” An attorney
can strike a potential juror
“just because” in using such
a challenge . . . except that
you cannot use race, gender,
sexual orientation, religious
affiliation, etc. in exercising
a challenge. O.J. Simpson
ended up with an all-white
jury and, evidently, his attor
ney wants to claim this was
the result of illegal strikes of
minorities.
Sadly, race still sometimes
We, like you, care how
Houston County is seen by
the world.
Their reputation is our rep
utation.
And being such, we hope
the County Commission and
Centerville and Perry City
councils are taking note and
might consider this for their
ry level reading books (third
fifth grade) to middle school
students, including students
in the honors program?
- Kathy Brown,
Warner Robins
comes into play in a trial.
For the most part, I have
personally found race rarely
becomes a factor. Still, as the
Lozano case illustrates, col
lective experiences can mat
ter when jurors deliberate.
The sensitivities of racial
experiences can be one of
those biases. Thus, an all
white jury convicting O.J.
Simpson can raise some eye
brows and may be an issue
on appeal.
Local attorney Jim
Rockefeller owns the
Rockefeller Law Center and
is a former Houston Co.
Chief Assistant District
Attorney, and a former Miami
Prosecutor. Visit www.rocke
fellerlawcenter.com to submit
confidential legal questions,
and to review former arti
cles and Frequently Asked
Questions.
bodies of government.
This appears to be a great
idea.
And just so there’s a sec
ond reading and you’ll know
we put a lot of thought into
this: This appears to be a
great idea.
- Don Moncrief/for the
Editorial Board
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