Judge Dennis. E. Reinaker
Lancaster County Offices,
50 North Duke Street
Lancaster, PA 17602, United States
(717) 299-8000


To: The Judge(s) currently assigned to the case of Francis Bauer Harris  

For the attention of Judge Dennis. E. Reinaker

We the under signed are writing to you to bring to your attention issues surrounding 'Racial Bias' that were evident throughout the 'Jury Selection' process in relation to Francis Bauer Harris.

We the supporters of this petition are asking you to address one very important aspect of this Appeal - The "Batson Issue".

We are not writing to you or signing this petition in an effort to gain sympathy, nor ask for 'breaks' or 'Legal Loopholes'. But are writing to you to seek 'Justice' and to take steps to help correct the 'Racial injustice' that has tainted the US 'Criminal Justice' system for far too long.

While we accept that the Courts have made some steps towards true Equality for all Americans. However, the case of 'Francis Bauer Harris' clearly demonstrates we are not yet finished in this fight.

This injustice can be corrected by granting Mr. Harris relief on his Batson Claim. Doing so would serve the law abiding tax paying, Vote casting residents of Lancaster Pennsylvania, who happen to be African American or Hispanic.

In the Jury pool selected for his case only 1 (one) was African American. Lancaster County has 2.8% African American residents yet only 0.7% of the pool was African American. There was also only 1 (one) Hispanic resident in this pool. In Lancaster County there are 5.9% Hispanic residents yet only 0.7% of the pool was Hispanic. To further insult these two Jurors the District Attorney had them removed by using 'Peremptory challenges' against them.

We the supporters of this petition, wonder what message does this send out to ALL African American and Hispanic residents in Lancaster County? What do you think they felt when they saw themselves, the only two people in the Jury room with Brown Skin who were deemed unfit for service. We wonder, what did they tell their children that day when they went home? What could these two jurors have said to deem them unfit?

To find the answer one only need read the transcripts from the 'Voir Dire' conducted. An explanation of it is found in the Pro-Se file motioned to amend the (P.C.R.A) It is entitled Fourth Supplement to Petition for Writ of Habeas Corpus and for collateral Relief from Criminal Conviction pursuant to the Post Conviction Relief Act, 42 Pa. C.S.%uFFFD%uFFFD 9541 et seq. (A copy of this can be found at http://www.instantweb.net/v/vlr/1500.html.).

In the District Attorney's "Brief in Opposition" on page #2, he compares Mr. Harris's family to "wolves and Apes". On page #7 & 8, he further suggests that since there is an "Asian" on the Jury, Mr Harris should be happy, because Asians are like Polynesian's. On page #11&12, the District Attorney admits that a Juror had "increased their attractiveness to the Commonwealth" when they stated they would have a problem following the Law, regarding mitigation, which would Bias Mr. Harris.

On page # 610 of the trial transcript when the Defense Council first makes the 'Batson Claim', the District Attorney responds "he certainly does not look African American".

The fair and acceptable responses from the sole African American Juror and the sole Hispanic Juror made them "not fit for service" according to the District Attorney. But were the white Jurors held to the same standard? They were not.

Juror #3 - worked in prison with guards who were police involved to this case, he stated under oath "he would not be fair to to the defendant because he would give his friends more credibility" the District Attorney replied......"that doesn't really matter!" and fought to seat this person (the Juror himself could not believe this statement and said "really?" in surprise) They are white.

Juror # 31 - the wife of a police officer, said "she would favor cops!" she knew a witness who was a cop and knew a cop involved in the case as well. She also stated "all 1st degree murder convictions should get the Death Penalty". The District Attorney found her "fit to serve". She is white.

Juror #37, said "she was glad they caught the guy who did this murder in the case". When the Defense moved to strike for cause: The District Attorney states, "so far I think she's okay". She was "fit to serve". She is white.

Juror #70 was confused about the concept that if the state did not prove the case she must acquit! She also expressed confusion over the 'Innocence until proven Guilty' concept. She stated "All 1st degree Murder Convictions should get the Death Penalty". She said, she would have problems putting these problems aside! The District Attorney found her "fit to serve". She is white.

There are 11 more Jurors like this all can be found in the Amendment.

This Case clearly qualifies for relief on the "Batson Claim". Doing so would serve the countless citizens who have been denied to 'serve' based on the colour of their skin.

"Discrimination on the basis of race, odious in all aspects, is especially pernicious in the administration of Justice, Selection based on race not only destroys the appearance of Justice and casts doubt on the integrity of the Judicial process. This exclusion also impairs the confidence of the public in the administration of Justice. This harm is not only to the accused, it is society as a whole" (see 76 Temp.L. Rev.901. "Batson v, Kentucky, its kin and a solution to the problem of Race based peremptory Challenges" by Antony Pollegrino, 2003).

Justice is meant to be blind under these circumstances we allow her to see 'Colour'

Finally, we would like to thank you for taking the time to read this letter.