Indianapolis Recorder, Indianapolis, Marion County, 7 April 2000 — Page 7

FRIDAY, APRIL 7,2000

THE INDIANAPOLIS.RSCORDER

NEWMAN Continued from A1 wiikmi said. "There’s just a '(vreeplion about the whole i! When we convict him. and I hi it; . we will, he is going to go aw.i_\ li»r a long lime." The case of Keith Clark was another where the prosecutor's office actions were questioned in the Black community. Clark. 37. was shot by a while male while trying to stop the shooter and two other whites from stealing his car last year. Newman, who was unaware of the incident until The Recorder printed the story last year, said that since learning of the shooting, his office has worked vigorously to bring the criminals to justice. In a col laborati ve effort between the office and the Marion County Sheriff’s Department, law enforcement agencies were able to charge and convict Samuel Estep with aggravated battery and auto theft. Estep will be sentenced on April 14 and is facing 30 years in prison. “I have tracked that case very closely," he said. “Mr. Clark was badly wounded and because that crime went unsolved for a long time, he felt no one cared about him as a victim. I'm hopeful he's pleased with what we've done." Recently, the prosecutor’s office has been the target of racism allegations for his pursuit of (he death penalty. Local leaders and lawyers alike have argued that Newman is tougher on African Americans when pursuing this most lethal form of punishment; in fact, in 1998, lawyers Kevin McShane and Monica Foster submitted a memorandum to the court alleging this during the trial of Kerrie Price. Price was convicted of shooting two Rocky Ripple officers; however, despite the prosecution’spursuit of capital punishment. Price was gi ven a I i fe sentence. The court eventually rejected the memorandum. “Their claims were false and simply inaccurate,” Newman said. “They were rejected by the court and rightfully so. The numbers.' don't bear out with their cluims.'V Since 1995, the prosecutor’s office has attained five death penalty sentences; one of who is a Black male. On average, Newman said he pursues the penalty twice a year. The most recent pursuit involves Jeremy Gross, a white male charged with brutally murdering a store clerk. Jury selection in the Gross trail began this week. According to the prosecutor, strong proof of guilt and legal eligibility determine a request for death, not skin color. "People who believe that are saying that I would kill a man based on his color. Where would you even begin to defend that allegation," he said. “All murders are cruel and shocking, but we look for cases that are so beyond the realm that 12 jurors will believe it is deserved. I try to feel the way I think those jurors feel.” While he admits the number of Blacks on Death Row are disproportionate the state's Black population, 29 percent, Newman said the number is also disproportionate the state’s convicted murders, of which an astounding 46.1 percent are also African American. It is a disturbing fact Newman says he takes no pleasure in being a part of. “There is no pride in being part of a system that sends more African Americans to jail than to college. I do have a heart for what goes in the African-American community." Newman said. “One of the ways I try to deal with that is by not barricading myself or my prosecutors in this office.” To gain more visibility in the urban community, the office has proposed a Community Court that will serve citizens on the east and south sides of Indianapolis. The court, a concept currently in operation in Manhattan. N Y. changes the paradigm of community law enforcement though increased interaction and accessibility. The court is set to be completed and in operation by \ear's end. In the meantime. Newman said he will continue his methods of law enforcement, criticism aside. "People understand that if you break the law. whatever) ourcolor. I am on your case." he said.

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