No blacks on Snipes jury

The actor has tried repeatedly to have his federal tax evasion trial moved from Ocala.

By KEVIN GRAHAM, Times Staff Writer
Published January 15, 2008

Wesley Snipes, accompanied by his lawyers, makes a prayer gesture before entering the courthouse in Ocala.
	[Chris Zuppa | Times]

OCALA - Wesley Snipes, whose attorneys have characterized Ocala as racist, hasn't a shot at seating a single black juror for his federal tax evasion trial here.

No African-Americans were part of the jury pool Monday as a judge questioned scores of Marion, Lake, Citrus and Sumter county residents about possibly serving on the monthlong trial.

"There were no black faces in the courtroom except my client," said Linda Moreno, one of the attorneys representing Snipes.

Moreno said she plans to present several new motions to Senior U.S. District Judge William Terrell Hodges when court resumes today at 9 a.m.

"We certainly will be addressing some of the issues that were quite obvious today," Moreno said.

Snipes, 45, is accused of filing false tax return claims with the Internal Revenue Service in 1996 and 1997 that totaled $11.4-million. The IRS also claims that Snipes failed to file returns at all from 1999 to 2004.

The U.S. Attorney's Office indicted him in October 2006. Also standing trial with Snipes are Eddie Ray Kahn and Douglas Rosile. Prosecutors said the two men conspired with Snipes to defraud the government.

Snipes' attorneys tried several times to have the trial moved to New York City, saying they had a better chance at yielding a diverse jury. Robert Barnes, an attorney on Snipes' defense team, said in court papers that Ocala was too racist for Snipes to get a fair trial.

Prosecutors elected to hold the trial in Ocala because IRS agents seized most of their evidence in the case from a Mount Dora office, which sits in the Middle District of Florida's Ocala division.

Snipes' attorneys commissioned a survey of residents in Ocala and New York City, trying to show that Ocala residents held more racist views. The judge repeatedly denied requests to change the venue.

More than 100 potential jurors arrived Monday morning to learn they might serve on the Snipes jury. Several were immediately excused after a closed-door conference between jurors and the judge.

By late morning, a pool of more than 80 potential jurors awaited Hodges' questions. He first inquired about their knowledge of the case and then asked more pointed questions.

After releasing jury candidates for the day, Hodges told attorneys which ones would be excused.

A Crystal River woman who said she believed African-Americans commit more crime than other ethnic groups won't be back.

A Clermont man who said he couldn't be fair also won't return.

A Marion County man who said he thought he recognized Rosile, one of the defendants, from a dinner party 10 years ago was also excused. The man told the judge that he thought Rosile had started a conversation at the dinner about tax structure.

Hodges excused nine people.

One woman said she'd heard nothing of the case at all when asked.

"I must live in a cave," she said. The courtroom laughed.

It wasn't the only time jury selection was interrupted by chuckling.

Snipes attorney Robert Bernhoft read jurors a list of dozens of names of potential witnesses to see if any jurors had any personal connection with them. Among the list: Muhammad Ali, Woody Harrelson, Goldie Hawn, Diane Sawyer, Paul Simon, Sylvester Stallone, Spike Lee and Barbara Walters.

"Do any of those names, ladies and gentleman, sound familiar to you?" Hodges asked jurors, and the courtroom erupted in laughter.

Only one potential juror raised his hand. He said he met Ali several years ago.

When the day ended, Snipes stood by outside the courtroom as an attorney read from a prepared statement.

A small crowd had gathered, camera phones in hands as they tried to solicit autographs.

"God is gonna make it right!" shouted one woman. "He's gonna make it right, baby!"

Snipes had started his day with a prayer vigil at 7:15 a.m. at Greater New Bethel Missionary Baptist Church in Ocala. Organizers said about 150 people were there to show support.

As he made his way to a waiting sport utility vehicle to leave, Snipes greeted his fans.

At one point, he positioned his hands as if to pray.

He nodded to the crowd and softly said, "God bless you."

Kevin Graham can be reached at kgraham@sptimes.com or 813 226-3433.

[Last modified January 14, 2008, 23:48:03]