The New Jersey Supreme Court reinstated Saladin Thompson's convictions in a pair of random shootings in Irvington that left one man dead and injured two others
NEWARK -- The New Jersey Supreme Court on Tuesday reinstated the convictions of a man after determining a Superior Court judge properly dismissed his claims of racial discrimination during jury selection at his trial.
The state's highest court reversed a 2014 ruling by a state appellate panel that overturned Saladin Thompson's convictions in a pair of random shootings in Irvington that left one man dead and injured two others.
Thompson, who is African-American, has argued prosecutors improperly excused seven African-Americans from serving on the jury at his trial. After the matter was remanded, a Superior Court judge in 2011 rejected Thompson's claims and upheld his convictions.
The state appeals court ordered a new trial for Thompson after finding that the judge did not conduct the requisite analysis to determine whether prosecutors had committed "impermissible discrimination."
But the Supreme Court found the judge had conducted an adequate analysis when he determined the state's "race-neutral reasons" were credible and Thompson failed to provide information to back up his claims of racial bias.
In the unanimous opinion, Justice Lee A. Solomon wrote that the judge gave Thompson "an opportunity, in response to the State's explanations, to provide information beyond the fact that seven of the nine peremptory challenges were against African-American prospective jurors."
"That defendant was unable to do so supports the court's conclusion that defendant failed to carry his ultimate burden and, under our deferential standard of review, militates against the Appellate Division's reversal," Solomon wrote.
The court remanded the matter to the Appellate Division to evaluate Thompson's appeal of his 67-year state prison sentence.
The charges against Thompson, 35, formerly of Irvington, stem from what prosecutors said were a pair of random shootings in the township on July 8, 2005.
At about 10:30 p.m., Tony Andrews was sitting on his porch on 21st Street when, for no apparent reason, Thompson and a co-defendant, Erik Gordon, shot him, prosecutors said.
Thompson and Gordon then fled to a Chinese restaurant on 16th Avenue, and, for no apparent reason, they shot Nibal Green as he was waiting for take-out food, prosecutors said.
The gunshots exited Green's body and struck a cook in the leg, prosecutors said. Green later died from his injuries.
Gordon pleaded guilty to charges related to the case and was later sentenced to 11 years in prison.
Saladin Thompson During jury selection in Thompson's trial, prosecutors used seven of their nine peremptory challenges to excuse African-American jurors, court documents state. The final jury included five African-Americans and nine jurors who were not African-Americans, court documents state.
The jury convicted Thompson in January 2007 of murder, attempted murder and related charges, and he was later sentenced to 67 years in state prison.
Thompson appealed his convictions and the matter was ultimately remanded for a hearing to allow the prosecution to articulate its reasons for excusing the jurors and for the judge to analyze whether the state had engaged in impermissible discrimination.
At that hearing, the prosecutor explained how the seven African-American jurors were excused based on their specific responses to questions during jury selection and without any intent to exclude African-Americans, according to the Supreme Court decision.
Thompson's attorney at the hearing "acknowledged that the information provided by the prosecutor was supported by the transcripts of jury selection, and offered nothing further," the decision states.
"Instead, counsel claimed he was at a disadvantage due to the passage of time and because defendant's trial counsel, who had moved to Colorado, was unavailable for the hearing," according to the decision.
But the judge "found that the prosecutor's stated reasons for excusing the seven African-American prospective jurors were credible and that the State 'did not engage in impermissible discrimination in exercising its peremptory challenges,'" the decision states.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.