http://www.chron.com/disp/story.mpl/front/4232765.html

Oct. 3, 2006, 12:10PM
Prospective jurors show biases in smuggling retrial


By HARVEY RICE
Copyright 2006 Houston Chronicle

Prospective jurors with biases ranging from anti-immigrant sentiment to an unwillingness to impose the death penalty made themselves known today on the first day of jury selection in the Tyrone Williams death-penalty trial.

Thirty-nine of the about 250 prospective jurors said they already believed Williams was guilty of smuggling illegal immigrants, 19 of whom died after riding in a sealed trailer Williams was towing.

The dead were among at least 74 people who endured a three and one-half hour ride in the trailer, where air was scarce and temperatures may have reached 173 F. The abandoned trailer was discovered May 14, 2003, at a Victoria truck stop with bodies piled inside.

U.S. District Judge Lee Rosenthal asked the prospective jurors a series of questions designed to identify potential prejudices in an hour-long session, the second step in the process of choosing 12 jurors and several alternate jurors for Williams' second trial.

A jury in March 2005 failed to reach a verdict on 58 smuggling counts, 20 of them carrying the death penalty. Williams is the only defendant among 14 indicted in connection with the botched smuggling attempt for whom prosecutors sought the death penalty.

He is the only defendant ever to face the death penalty under a 1994 law that allows prosecutors to seek death or life imprisonment if an immigrant dies during a smuggling attempt.

Twenty-seven jurors said their ability to reach a fair verdict would be influenced by their strong feelings about illegal immigration and 14 said they would be biased against Williams because he is an immigrant. Williams, 35, immigrated legally from Jamaica and was living in Schenectady, N.Y., at the time of the smuggling attempt.

Nineteen jurors said they believed he must have done something wrong to be indicted and 38 said they would be unable to impose a death sentenced under any circumstances.

The first step of the jury selection process was the completion of detailed questionnaires two weeks ago. After the hour session of questions today, attorneys began questioning prospective jurors individually.

Attorneys were expected to question 12 jurors today and 15 tomorrow. The individual questioning is expected to take several days and could extend into next week.

harvey.rice@chron.com