Separate Juries More Fair, Judge Rules

In a ruling that could have long-ranging implications, a federal judge has agreed to a request from defendants to have two separate juries -- one to decide guilt and innocence and another to decide on the death penalty if they are convicted.

U.S. District Judge Nancy Gertner agreed with the attorneys of two men accused of murder that the practice of having the same jury decide both guilt and innocence and the death penalty sentencing creates juries more likely to favor conviction, because potential jurors who have objections to the death penalty are excluded.

"Updated data presented by defendants in this case overwhelmingly shows that death-qualified jurors are significantly more conviction-prone than jurors who are not death-qualified," she wrote in her ruling.

Prosecutors argued that granting the request would force witnesses to testify twice placing a emotional burden on the witnesses and a financial burden on the government.

The U.S. Attorney's Office may appeal the ruling.

The cases involve Darryl Green and Branden Morris, who are accused of killing of a gang rival to protect their drug ring. They are scheduled for separate trials early in 2005.

See A report: Judge Orders Two Juries in Capital Case