Pressure intensifies for judge’s ouster from bench
Punishment of jailing 2 black jurors called ‘unconscionable’
Protests continued to intensify Friday against a white South Florida judge who, over a span of six months this year, jailed two young black men for violating jury duty, a rare treatment of jurors in America of any color.
There are growing concerns the black community will avoid jury service because of what politicians and community leaders call “unconscionable” punishments by Palm Beach County Circuit Judge John Kastrenakes against DeAndre Somerville and Keith Lattimore.
In a rally outside the main courthouse in West Palm Beach courthouse, Somerville’s lawyer urged court officials to immediately yank the “unfit” Kastrenakes off jury trials after serving 10 years on the bench.
Organizers, including Democratic State Sen. Bobby Powell, promise they are just getting started with their campaign against the judge, and a push for “justice and equity” that may include new legislation in Tallahassee.
Powell has already filed a complaint with the state’s judicial watchdog group seeking to disrobe the judge over the “excessive, yet absurd” juror punishments —
coming at a time when many citizens regularly blow off jury summonses without any consequence.
The senator stood Friday with several current and former elected officials and Somerville’s loved ones in denouncing the jail sentence imposed on a man with no criminal history.
“I share the view of this community that his treatment of DeAndre was cruel and unjust,” said U.S. Rep. Lois Frankel, a close friend of Somerville’s family in West Palm Beach. Touching Somerville’s shoulder, the Democratic congresswoman told reporters she’s known him since he was 3 years old, and watched him mature into a “very respectful, law-abiding young man.”
There’s been a national uproar over Kastrenakes decision to throw the 21-year-old Somerville behind bars for 10 days, after the local parks worker overslept instead of reporting for jury service and serving on a civil trial panel in August. That trial was delayed for less than an hour and continued without Somerville.
After the juror’s case first made headlines last week — and the judge was condemned
by pundits and on social media — Kastrenakes rescinded his finding that Somerville was in contempt of court and vacated a three-month probation term. The judge then said he accepted Somerville apology, while praising him as a “thoughtful and respectful young man.”
Yet that did nothing to cool the anger, especially after news emerged of a second juror jailed by the same judge, but under somewhat different circumstances.
In March, Kastrenakes likewise found Lattimore, 26, guilty of indirect criminal contempt, a misdemeanor. The West Palm Beach man wound up with a 9-day jail sentence and was ordered to serve three months of probation.
Lattimore reported for jury duty last Dec. 12 and was picked for a pool of 50 prospective jurors for a cocaine trafficking trial.
He left the courthouse under disputed circumstances, later testifying he has a learning disability and anxiety over crowds that prompted his departure. His mother sent the court a letter begging for mercy, saying he comes from a family of military service people. His lawyer argued there was no proof Lattimore violated court orders.
Kastrenakes found that Lattimore “willfully refused” to serve and told the jury office he “didn’t have time for this s—,” conduct that “interfered with an important judicial function, the selection of a jury.” In the Somerville case, the judge said the selected juror similarly decided “it wasn’t important for him to come back to court … that is exactly the antithesis of honorable service on a jury.”
But what has really touched a nerve in the black community — along with the 10-day jail sentence — was Kastrenakes’ statement that Somerville’s failure to serve on the panel was a setback for diversity.
“He was the only African American on the jury, representing a cross-section of the community, and he decided on his own that it wasn’t worth his time,” the judge said.
Edwin Ferguson, a black lawyer from Riviera Beach who represents Somerville, said Kastrenakes’ comments and the jail sentence will only discourage blacks from jury service.
“If you say you really want diversity, and if you truly want diversity, how does what happened to DeAndre Somerville, how does what happened to Keith Lattimore … how does their incarceration help increase the likelihood of you having a diverse jury pool?” Ferguson asked.
“How does that increase the likelihood of anybody serving, showing up in regards to a jury summons, because now you’ve already established the precedent that you might end up in cuffs,” he continued. “So unfortunately I think that what Judge Kastrenakes has done has actually hurt our likelihood of having a diverse jury.”
Sen. Powell, who is black, said that Kastrenakes’ words, following the jailing of Somerville, “continued to rub sand into the wound.”
“We all represent cross sections and that’s why the entire community stands up with us today to make sure that this hideous punishment doesn’t happen to anyone else,” Powell said. “Not just DeAndre, not just Keith Lattimore, but any other person who is absent from jury duty.”
Powell said he hopes his complaint with the Florida Judicial Qualifications Commission, results in the Florida Supreme Court imposing the most severe discipline against Kastrenakes.
He isn’t the first county judge to send a juror to jail, but two notable examples in recent years involved jurors whose misconduct forced retrials in high-profile murder and DUI manslaughter cases.
Friday’s courthouse demonstration ended with a call for the public to urge Chief Circuit Judge Krista Marx to reassign Kastrenakes to a post that doesn’t involve contact with juries.
“Judge Kastrenakes needs to be immediately transferred out of the trial division,” Ferguson said.
Kastrenakes and Marx could not be reached for comment Friday despite emails and calls to courthouse spokeswoman Debra Oats and Marx’s office.
Somerville also didn’t make any remarks, but earlier this week he said he was relieved the judge cleared him of any wrongdoing.