Unfair Trial For Daphne Wright?
We know that Daphne Wright has four major strikes against her BEFORE the beginning of the trial. She is African American, Deaf, Gay, and Woman. The trail is being held at Sioux Falls, a city mostly heterosexual whites who are reportedly known for not embracing African Americans, Deaf or Gays fully. Already in the third week of jury selection, the defense lawyers are experiencing difficulties due to nonexistence of African Americans in the jury pool so far.
The failure of having at least one African American in the jury trial along with the denial of her access to a certified Deaf interpreter heightens my reservations about the chances for Wright receiving a fair trial. Personally, I would feel better if the jury pool has at least three or four African Americans. Having at least one  Deaf juror, preferably three or four,  would be more reassuring. Frankly, it doesn’t look good for Wright. Believe me, I am not sympathetic to Wright, considering the heinous nature of her crime, but, as a Deaf person, she is entitled to a fair trail accorded to her by the Bill of Rights. I must admit I am at a loss why none of the deaf advocacy organizations appears not in the picture actively as a watchdog, monitoring to ensure Wright’s rights are being protected, unlike NACCP. I’ve already contacted both legal teams and I am only a concerned Deaf bystander.  MZ
03/26/2007
Minorities Underrepresented In Jury Selection
Attorneys have questioned more than 100 potential jurors in the Daphne Wright murder case, but none of them share the suspect’s race.
Wright’s attorneys asked for a mistrial, because the defendant is black, and they say the process was unfair.
The judge denied the request for a mistrial, saying minorities weren’t excluded from the selection process just because of their race — even though two Native Americans were the only non-whites to get questioned.
But the judge approved another request that now extends jury selection into Tuesday.
Monday afternoon, attorneys approved the 59th potential juror. That was the number they needed. Of those 59 people, each side would then eliminate 22, leaving 12 jurors and three alternates to sit through the trial.
But Judge Brad Zell approved the defense’s request for an extra option. Wright’s lawyers will now get to strike down 23 and the prosecution 22, so jury selection will resume Tuesday to find one more potential juror.
Of those 60 people who could decide whether Wright lives or dies, none of them have the same racial background as the defendant. Wright’s lawyers criticized the jury selection process, pointing out that pools did not come close to representing Minnehaha County’s 9.6% minority population.
But during questioning about the death penalty, each potential juror said they could give Wright a fair trial. And if there’s a guilty verdict they’d be able to put aside their personal beliefs, listen to the evidence, then decide whether death or life without parole is the right sentence.
On Tuesday, the last pool of jurors will come in for questioning. And as long as one of them is approved as a potential juror, the selection process will end — three weeks after it started. MZ
UPDATE: As of four hours ago, “A jury has been chosen and opening statements are scheduled Monday in the murder and kidnapping trial of Daphne Wright, who could face the death penalty if convicted.” http://www.wctrib.com/ap/index.cfm?page=view&id=D8O58S200 .  I’ve already VPed with the NAACP President of Minn/S.D. and she will forward my blogs plus several articles to the local NAACP at Sioux Falls to follow up on this. Â
Also a reader asked me why being a woman is a strike against her. Julie Rems-Mario, an advocate for victims and survivors answers this question:
“If a woman kills her husband or kids, it brings NATIONAL attention. while men kill much more on daily basis across the nation, and it barely makes it on the front page. Women are held on different standards then men. While I advocate for them only, I noticed the institutionalized patriarchal bias against women. Its so institutionalized that many of us do not recognize it
Remember how women teachers who get “involved” with their under aged students get the scrutiny. Also women who killed their children often shocked the nation. They general attract national media attention. Women are supposed to be nurturing and protective. ”
 MZ
E mail contact: mishkazena@aol.com
Mishkazena (TM) 2007
We know that Daphne Wright has four major strikes against her BEFORE the beginning of the trial. She is African American, Deaf, Gay, and Woman. The trail is being held at Sioux Falls, a city mostly heterosexual whites who are reportedly known for not embracing African Americans, Deaf or Gays fully. Already in the third week of jury selection, the defense lawyers are experiencing difficulties due to nonexistence of African Americans in the jury pool so far.
The failure of having at least one African American in the jury trial along with the denial of her access to a certified Deaf interpreter heightens my reservations about the chances for Wright receiving a fair trial. Personally, I would feel better if the jury pool has at least three or four African Americans. Having at least one  Deaf juror, preferably three or four,  would be more reassuring. Frankly, it doesn’t look good for Wright. Believe me, I am not sympathetic to Wright, considering the heinous nature of her crime, but, as a Deaf person, she is entitled to a fair trail accorded to her by the Bill of Rights. I must admit I am at a loss why none of the deaf advocacy organizations appears not in the picture actively as a watchdog, monitoring to ensure Wright’s rights are being protected, unlike NACCP. I’ve already contacted both legal teams and I am only a concerned Deaf bystander.  MZ
03/26/2007
Minorities Underrepresented In Jury Selection
Attorneys have questioned more than 100 potential jurors in the Daphne Wright murder case, but none of them share the suspect’s race.
Wright’s attorneys asked for a mistrial, because the defendant is black, and they say the process was unfair.
The judge denied the request for a mistrial, saying minorities weren’t excluded from the selection process just because of their race — even though two Native Americans were the only non-whites to get questioned.
But the judge approved another request that now extends jury selection into Tuesday.
Monday afternoon, attorneys approved the 59th potential juror. That was the number they needed. Of those 59 people, each side would then eliminate 22, leaving 12 jurors and three alternates to sit through the trial.
But Judge Brad Zell approved the defense’s request for an extra option. Wright’s lawyers will now get to strike down 23 and the prosecution 22, so jury selection will resume Tuesday to find one more potential juror.
Of those 60 people who could decide whether Wright lives or dies, none of them have the same racial background as the defendant. Wright’s lawyers criticized the jury selection process, pointing out that pools did not come close to representing Minnehaha County’s 9.6% minority population.
But during questioning about the death penalty, each potential juror said they could give Wright a fair trial. And if there’s a guilty verdict they’d be able to put aside their personal beliefs, listen to the evidence, then decide whether death or life without parole is the right sentence.
On Tuesday, the last pool of jurors will come in for questioning. And as long as one of them is approved as a potential juror, the selection process will end — three weeks after it started. MZ
UPDATE: As of four hours ago, “A jury has been chosen and opening statements are scheduled Monday in the murder and kidnapping trial of Daphne Wright, who could face the death penalty if convicted.” http://www.wctrib.com/ap/index.cfm?page=view&id=D8O58S200 .  I’ve already VPed with the NAACP President of Minn/S.D. and she will forward my blogs plus several articles to the local NAACP at Sioux Falls to follow up on this. Â
Also a reader asked me why being a woman is a strike against her. Julie Rems-Mario, an advocate for victims and survivors answers this question:
“If a woman kills her husband or kids, it brings NATIONAL attention. while men kill much more on daily basis across the nation, and it barely makes it on the front page. Women are held on different standards then men. While I advocate for them only, I noticed the institutionalized patriarchal bias against women. Its so institutionalized that many of us do not recognize it
Remember how women teachers who get “involved” with their under aged students get the scrutiny. Also women who killed their children often shocked the nation. They general attract national media attention. Women are supposed to be nurturing and protective. ”
 MZ
E mail contact: mishkazena@aol.com
Mishkazena (TM) 2007
March 28th, 2007 at 12:22 pm
Perhaps the trial could be moved elsewhere? There have been cases, mostly due to extensive pre-trial publicity, where they have been moved elsewhere to ensure a fair trial.
Just a thought for discussion. Have the legal teams involved in this even considered changing the venue?
March 28th, 2007 at 1:34 pm
No Black or Deaf jurors? What about gay or female jurors?
Besides being unfair to start with, this is setting up the trial for challenges and appeals which could drag it out for years and cost the taxpayers a lot of money.
The upside is, Daphne could stay alive for a great many more years and stay in jail as long. Hopefully, to make the expense worthwhile, researchers could then study her repeatedly and find out where things went wrong and how to prevent it happening again.
March 28th, 2007 at 2:05 pm
Did I read it right, judge denied request for a certified interpreter???
Does South Dakota require by law that interpreters be certified?
This is not enforced by any federal law, only at state level.
March 28th, 2007 at 2:07 pm
You say: We know that Daphne Wright has four major strikes against her BEFORE the beginning of the trial. She is African American, Deaf, Gay, and Woman. It is the defendant attorney’s responsibility to make sure none of these are decided against her. The jury might find her being a woman a favor, who knows? I do not agree with you on this view.
But I am concerned about the court providing accommodations according to ADA, and Dept of Justice guidelines. If she prefers an ASL interpreter not just an interpreter, it is her right and the court MUST provide that! If a hard of hearing person asks for a real-time captioning provision not an interpreter, the court has to provide it. There are cases where deaf people argued on what method of accommodation they need and they won. The same should go for Daphne Wright.
The court could even be obligated to make adjustments like obtaining an interpreter PLUS a “Deaf advocate” to assist in communicating, and have the courtroom proceedings slowed down so she will be certain she understands everything related to her case.
March 28th, 2007 at 2:34 pm
Yes, the issue of the jury is a troubling one, but the denial of a certified interpreter is simply unacceptable. What, do we put Spanish speaking people on trial in English with no interpreter? I don’t think so. So why this?
A venue change is a very obvious move; there might be reasons (including already requested and denied).
This is very interesting; even if she’s convicted, there’s already substantial grounds for appeal.
March 28th, 2007 at 2:45 pm
Oh gee! This has gone backward on civil rights and I can imagine how bigotry the jury is in that particular area. Whether you like it or not, she should have the same rights as other criminals and the justice must be served without any bias. Interestedly, the life sentence is cost effective comparing the death penalty and that is why many lawyers prefer the death penalty.
March 28th, 2007 at 2:54 pm
Excellent e-article on Daphene Wright whether she really get the fair trial due to her own ethnicity, sexual preference and physical flaw (being deaf).
No matter whether deaf individual is victim or suspect. All of us ought to have a fair trial with comptent lawyer and all means of accessibility and accomodation.
I had a personal experience of how the judicial system overwhelmed and undermined our basic rights to the fair trial.
RLM
March 28th, 2007 at 2:57 pm
I think one thing that is especially problematic in addition to the obvious is that people are assuming she did it. Even in this blog entry. Regardless of what you read in the media, we should always wait until the facts are laid out in the trial than automatically assume guilt. She could in fact be innocent. Don’t believe everything you read.
March 28th, 2007 at 3:17 pm
Things are going as I predicted.
I knew she would have an unfair trial to start with after all she had 4 strikes against her from the start.
Watch for this outcome that may reach the State Supreme Court — they will declare it mistrial or otherwise.
R-
March 28th, 2007 at 3:22 pm
I applaud you for doing this blog as a Deaf bystander. You remind me of this quote:
“The world is a dangerous place, not because of those who do evil, but because of those who look on and do nothing.”
~ Albert Einstein
March 28th, 2007 at 3:44 pm
Any deaf professionals observing the jury selection, and proceedings ? Any interpreters there at all ? What are their observations of the interpreters’ skills?
March 28th, 2007 at 3:52 pm
E,
I believe that ASL is the fifth strike befallen on Darlene. No one on the jury are proficient in ASL.
C
March 28th, 2007 at 4:27 pm
Carl,
yes the language is another strike. Thanks for pointing that out. I have seen it with my own eyes in the court system toooo many times.
Julie
March 28th, 2007 at 6:04 pm
Elaine E.
There are FEW people who passed RID certificate for Court Interpreting. I do not think any in Daphne’s state are qualified.
EVEN they sometimes need “Deaf
Advocate” to help with
communication.
It is tough for this court … and if they do not provide the RIGHT accommodations, it is possible she can get help to thrown out the case or court decision, like Ridor says “mistrial”.
March 28th, 2007 at 6:10 pm
Todd, relocated to where? S.F. is the biggest city and it cannot be held out of state. In smaller cities, it may be more difficult to find African Americans to serve on the jury.
David, ADA requires qualified interpreters. The reason I used the term “certified deaf interpreters’ (CDI) is because that’s the current name for the Deaf interpreters who work between the hearing interpreters and the client.
JMS, thanks.
Vizzini, I’ve posted a new addition on the bottom of the post why being a female is a strike, in response to your question. You can still disagree with me.
Chris, we are free to form our opinions, as long as we are not jurors. From what the state attorney said, the case seems exceptionally strong.
Elaine, there are many qualified interpreters according to the lawyers. They are using a camcorder, so they seem to be aware of the legal pitfalls facing deaf people in the courtrooms. I’ve not heard anything about deaf professionals observing jury selection and proceeding. I certainly hope so, but I do wonder because CDIs won’t be available for Wright. Have they used deaf professionals to guage Wright’s ability to understand the interpreters without the assistance of CDI?
March 28th, 2007 at 8:41 pm
Many of you are not close to Sioux Falls and the sources you’re reading from are dangerous. Silly, there are qualified interpeters from South Dakota, North Dakota and Minnesota who are involved. Believe me there are no less than 6 interpeters!! Video camera are also in the courtroom and a backdrop to give some privacy for Daphene when she has a conversation with lawyers and people behind her can’t see. No doubt I am impress with how they are handling this case. Of course there’s some flaws but we often forget that we don’t live in a perfect world! Everyone will complain about the court system one way or the other. How often do you see something in a court trying to accomodate as much as they can in a town not as exposed as in the greater city as Washington DC or in Los Angles. Gotta be impressive!
March 28th, 2007 at 8:53 pm
What if Daphne’s lawyers declare that this is a mistrial after they continue to file more appeals, how will the deaf community feel? It can happen and then what? She can be a free woman then.
I know that Daphne probably told the judge that she is not guilty so this is why they have to have a trial and perhaps the lawyer knew that it may end up as a mistrial and thus letting Daphne go free.
It sounds like Daphne has really good defense lawyers because it is obvious that they are really fighting for her. Daphne is really lucky in a sense and I hope that they are able to get a fair trial for Daphne with access to full communication by interpreters and other things.
March 28th, 2007 at 9:42 pm
Albeit Wright’s wrongdoing, it is utterly inconceivable and beyond my comprehension that capital punishment is
allowed in the world’s most democratic country, namely, United States of America.
I must second Carl that ASL is
Wright’s fifth strike.
I would say that it would be almost unrealistic to see Wright be saved if in the hands of the U.S. Supreme Court, for most justices in the said Court are the Rev. Jerry Falwell right wingers.
March 28th, 2007 at 10:21 pm
Carl, good point. ASL is the fifth strike. Oy Vey!
Casper, what is this ludicrous talk about reading dangerous sources? Your ridiculing the readers here aren’t appreciated as they aren’t as ignorant as you seem to think. These are concrete facts: Qualified interpreters don’t have the qualifications of certified legal interpreters nor do they share the native ASL skills certified deaf interpreters possess. The homogenous demographics of that city and five strikes against her also make Daphne’s chances for a fair trial look dismal. Unlike you, I don’t consider these flaws minor, especially when a deaf person’s life is at stake.
Michelle, yes, the defense lawyers are doing an extraordinary job. It’s the court that restricts their hands. If a mistrial occurs, I seriously doubt that Daphne will be a freed woman. If the trial fails in S.D., she can be tried in the other state where the other remains of Darlene were dumped.
March 29th, 2007 at 1:20 am
ASL the Fifth strike?
What about her completely INADEQUATE Public Defendeer representation? Who can’t possibly understand all the issues involved
Somebody, and by somebody, I mean YOU need to get the ACLU involved. STAT!
March 29th, 2007 at 1:24 am
Ken, why don’t YOU then get ACLU involved if you are upset with her lawyer? I’ve already done more than my share of contacts on this area.
March 29th, 2007 at 12:00 pm
I just finally got caught up with your blog, MZ.
I have to say I’m impressed with your research and observation, as well as keeping close eyes on the trial.
Whether you are for or against the death penalty - the point is assuring she gets a fair trial.
This could happen to any of us, so it’s important that we get involved so that we can learn from that and use her trial as a model for others to follow - or not to follow.
March 29th, 2007 at 12:34 pm
Why not Casper bring the videocamcorder to Daphene’s trial and see for ourselves?
No questions about the defense team’s ploy to raise questions about competent interpreters and other accessiblity issues.
Is Casper a legal expert hirself or what?
That would be really nice if the Court TV televise Daphene’s trial. Why not write or email a letter of request to the Court TV to see what will happen.
I still am shaken by the false accusation, wrongful arrest and cunning prosecutor to make some records for himself.
The assigned defense lawyer tried to declare me guilty without asking me first what really happened. I had to get other legal experts to remind the assigned defense lawyer about my civil rights.
Robert L. Mason (RLM)
March 29th, 2007 at 12:46 pm
Thanks, Iammine. I still remember how Dupree never got justice for his murder as the trial was a fiasco due to numerous interpreting mistakes.
RLM, actually I was the one who raises all the questions about interpreting since that remains a major weakness. I became more concerned after I heard deaf interpreters won’t be used.
I am sorry to hear what the defense lawyer did. Have you reported his dereliction?
March 29th, 2007 at 1:02 pm
Casper-
I recall in WA State (including Seattle) there are only 8 RID-court certificated interpreters. This is a small number for a state with a good number of Deaf/HOH people. I would be surprised if SD has plenty of courtroom “qualified terps”. Or they would be sent from another state.
I know a few talented RID interpreters who say they have to disqualify themselves for courtroom jobs because they know they cannot interpret in that situation… while other terps say they can (and do make serious mistakes).
March 30th, 2007 at 10:21 pm
Murder is murder, no matter who you are…no matter what color you are…no matter what shoe size you are…no matter how you pick you nose. How ’bout we just wait to see what actually happens then put fuel on a fire? I’ll be interested to see how it goes.
April 6th, 2007 at 5:07 pm
What about the victim? You can make every excuss in the world why you think this chain saw murderer should be let go, but lets not forget the victim. Who by the way was deaf, female, and gay…… Get over yourselves. Being deaf, black, female, and gay does not give you special consideration. A jury was sat and will take a fair look at this murderers actions and sentence her to the appropriate form of lethal injection as it should be. I don’t recall kidnapped, killed and dismembered 42-year-old Darlene VanderGiesen being afforded a RID-court certificated interpreter to help convey to wright her apprehension of being murdered.
April 6th, 2007 at 5:12 pm
Where did I say that Wright should be let go?
All I say that she has the right to a fair trial, just like everybody else. If she cannot understand the interpreters, how can she participate in her defense?
By the way, Darlene was straight, not gay.
April 6th, 2007 at 10:48 pm
As for the comments regarding cameras in the courtroom…SD law prohibits cameras in the courtroom.
April 7th, 2007 at 8:56 am
TG, I am speaking of the camcorder used by the court to record the signed testimonies of deaf people. You are right. Spectators are not permitted to bring cameras in.
April 10th, 2007 at 5:09 pm
If you lived in SD you would realize that there are very few black people - anywhere in the state. Sioux Falls would probably have the most black people of any city/town in the state. She is definitely a minority in SD - because she is black, because she is deaf, and because she is gay. Maybe she should have chosen a different state to murder in if she wanted to have black people on her jury.
September 9th, 2007 at 6:36 am
“We know that Daphne Wright has four major strikes against her BEFORE the beginning of the trial. She is African American, Deaf, Gay, and Woman.”
You’re kidding right? “Against” her???
All four of those things you mentioned i.e. minority, handicapped, gay, and female are what’s called a “protected class”
Wright ran the gambit on just about all of them. The obly thing she missed out on was being “Jewish”.
It’s quite amazing she got convicted at all, it truly is.
Seriously, if YOU were in the same situation, take your pick: A minority female, gay, with a handicap, OR an able bodied WHITE, heterosexual man in today’s courts..take your pick. I think you know which side your bread is buttered on, I really do.