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Saturday, November 22, 1997

Judge declares mistrial in murder case because felon served on grand jury

LUBBOCK, Texas (AP) -- West Texas prosecutors say a mistrial in a capital murder case in Andrews underscores the shortcomings of the state's motor-voter registration law.

State District Judge James L. Rex declared a mistrial Tuesday in the case of Clayton James Snyder, 20, after prosecutors learned that one of the prospective jurors had a felony conviction for driving while intoxicated.

The same prospective juror also had served on the grand jury that indicted Snyder weeks earlier.

Snyder was to be tried in the October 1996 beating death of 87-year-old Lena Opal Easter in her Andrews home. Law officials have said they believe the attack occurred during a burglary, a combination punishable in Texas by life in prison or death.

The state motor-voter law, mandated by the federal National Voter Registration Act of 1993, allows Texas residents to register to vote automatically when they get a driver's license.

It also requires state judicial districts to summon prospective jurors from a list of licensed Texas drivers, rather than from a list of registered voters, as in the previous system.

Andrews County Attorney Katrina Jackson told the Lubbock Avalanche-Journal that she learned of the DWI conviction four weeks into jury selection only because of the same prospective juror's earlier service on the grand jury.

The current grand jury will have to attempt to re-indict up to 25 suspects, Ms. Jackson said.

Dawson County District Attorney Ricky Smith, a special prosecutor in the Snyder case, said the law makes jury selection cumbersome and expensive.

"The idea (of the motor-voter law) was good," Smith said. "The more diversity you can get in your jury pool, the better. It's just not practical."

He said the problems occur because felons and noncitizens, who aren't allowed to vote, usually can receive drivers' licenses.

Yoakum County District Attorney Richard Clark said that although the new system takes more time, the problem can be averted by checking prospective jurors' criminal records.