ATLANTA (AP) _ A 79-year-old woman accused of fatally shooting
her 85-year-old ex-beau is being deprived of her constitutional
right to a fair trial, her attorney said, because the potential
jurors are not old enough for her to be judged by a jury of her
peers.
As Lena Sims Driskell peered over her gold-rimmed glasses Monday
at potential jurors in her murder trial, some of the 58 candidates
were young enough to be her great-grandchildren. Only five seemed
close to 70, the legal age for exemption as a juror in the state of
Georgia.
``This is the youngest jury pool I've ever seen,'' said
Driskell's attorney, Deborah Poole. ``Most of these people look
under 30. How does one have a trial when you are not able to
include a whole class of people in the jury?''
Driskell is accused of fatally shooting Herman Winslow on June
10, 2005, as he read the newspaper at the senior citizens home
where the two lived. After dating for a year, police said Driskell
became angry when Winslow broke off their relationship and started
seeing another woman.
Driskell is charged with murder, aggravated assault and
possession of a firearm.
Police say she was wearing a hairnet, stockings, a bathrobe and
slippers when she confronted Winslow at his apartment. Winslow
complained and a security guard tried to calm Driskell down, but
when he turned around she drew an antique handgun she had hidden
behind her back, put the gun to Winslow's head and fired up to four
times, Detective D.B. Mathis said.
``I did it and I'd do it again!'' Driskell was quoted as yelling
to the officers who found her waving the gun and holding her finger
on the trigger when they arrived.
At the jury selection Monday, only three potential jurors said
they would be unable to pass judgment on someone older than
themselves. And when asked whether there were any members of
advocacy groups for elderly people, none raised a hand.
Fulton County Superior Court Jury Clerk Jennifer Lawson said
that while senior citizens are not excluded from jury service, any
person 70 or older may be excused from jury duty with the
submission of an age affidavit.
Opening statements in the trial could begin Tuesday. The trial
is expected to last no more than three days.
Senior Assistant District Attorney Fani Willis, who is
prosecuting the case, declined to comment.