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The defense then mounted what is known as a Batson challenge, which can be used during jury selection when one side feels that opposing counsel is dismissing potential jurors based solely on race, gender or age. Judge O’Neill lectured the defense for failing to anticipate this possibility and pre-brief him and the prosecutors on the relevant case law. Prosecutor M. Stewart Ryan even stormed out of court, saying he was going to his office to read the case law, claiming he hadn’t been given a copy by defense attorneys. After a break, defense attorney Bliss argued that she was “suspicious” of the intent behind the strike. “By all appearances [the potential juror] was a perfectly qualified juror who stated that she could be fair and impartial, after screening through all the questions,” Bliss told the judge. “She passed every single stage as a fair and impartial juror. There is thus no other explanation but for her race.” Bliss told the judge that of the 240 potential jurors summoned at random from Montgomery County, only 10 were African Americans. “She’s the only African American left,” Bliss claimed, referring to the latest pool of 120 potential jurors that have been summoned. “This man, the defendant, who is facing the rest of his life in jail, is African American,” Bliss said, pointing at Cosby. Bliss went on to make the stunning allegation of racism against the unidentified Cosby prosecutor, whom she claimed made the alleged comment.
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