Jose Alberto Gonzalez-Sandoval did not get the Christmas present from the Kansas Supreme Court that he wanted.
The Emporia man was convicted and sentenced three years ago in Lyon County on a count of aggravated indecent liberties. At the start of his trial, prosecutors removed a potential juror with a Spanish sounding surname, and district court allowed the move over the objections of the Gonzalez-Sandoval defense team. Once trial started, prosecutors learned their reasons for the juror strike were incorrect and then provided an alternative, race-neutral reason for the maneuver.
After Gonzalez-Sandoval was convicted, his defense team requested a new trial based on the juror situation. District court denied the request, although the Court of Appeals reversed the ruling.
On Friday, the Supreme Court upheld the district court ruling, saying an honest but mistaken belief about what’s called a “facially valid race-neutral reason” for striking a minority juror from the pool does not amount to discrimination and, thus, a violation of constitutional rights.
