Texas Prosecutor Fired over Comments About Prospective Juror’s Dismissal

Jazmine Ulloa and Tony Plehotski, FindLaw, June 11, 2014

A top Travis County prosecutor was fired Wednesday following comments he made in court about his dismissal of a prospective juror, including comparing her NAACP membership with that of a white supremacist group.

District Attorney Rosemary Lehmberg told the Austin American-Statesman and KVUE-TV that Assistant District Attorney Steve Brand had made racially insensitive statements that she found offensive and had caused a judge to release an entire jury panel.

“I reviewed the transcript,” she said. “I told Steve Brand that his statements did not reflect my opinions or my values or those of our organization, and that he could no longer work at the Travis County district attorney’s office.”

Brand, who as a court chief oversaw felony cases and supervised a team of prosecutors, has since retained counsel and said he plans to fight the decision.

Brand’s lawyer, Tom Nesbitt, said his client is “a dedicated, highly regarded, veteran prosecutor with a stellar record at the courthouse.”

“Not once has he been accused of racially insensitive or intolerant conduct other than by Ms. Lehmberg’s recent accusation,” said Nesbitt of the Austin law firm of DeShazo & Nesbitt. “His termination was an unjust and frankly bizarre act by the district attorney. Our preliminary investigation reveals that the more likely cause of his termination was retaliation against Steve by Ms. Lehmberg.”

{snip}

During the May 19-20 jury selection proceedings, Brand was serving as the lead state attorney in a robbery trial for convicted killer Darius Lovings.

Brand argued that he had scratched a candidate from the juror list as she had been the only person to say she wanted to serve on the jury, she was a member of the NAACP and she had posted on her Facebook page a comment and link referring to the “Negro Motorist Green Book,” a guide to safe travel for African-Americans during the Jim Crow era, according to the transcripts.

The link caused him concern, Brand told a judge sitting in for District Judge Julie Kocurek: “Because had the situation been reversed, if it was a white person with something, saying, ‘Hey, here’s a website to look at on why white people should stay out of certain neighborhoods,’ that would cause me concern, and I would strike that person for that reason.”

The next day he told Kocurek: “It’s not because of race. It’s because in part she appeared to be an activist, and that’s what we don’t want. Just as if she was white, we wouldn’t want a white activist or a white supremacist.”

Brand told the judges that these factors reflected that the woman could have had an agenda. But Kocurek ordered attorneys to pick a new jury, siding with defense lawyer Jon Evans on a so-called Batson challenge, an objection filed when it is believed the state improperly struck a potential juror from the candidate pool based solely on race, ethnicity or sex.

Such objections can be raised by either side but typically cannot be appealed by the state, legal experts said. They are seldom raised and even more rarely granted. Longtime lawyers said they had never seen a prosecutor fired over one.

Lehmberg sent copies of the transcripts to all assistant district attorneys in her office, saying she found Brand’s statements “inappropriate and unacceptable,” prosecutors said.

“We all need to learn from this event,” Lehmberg wrote. “I don’t want this error ever repeated.”

{snip}

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  • D.B. Cooper

    You’re a lawyer, Brand. Your very survival now depends on your chosen profession. You should be able to beat this, right? Especially if you are going up against Affirmative Action hires? You have this, but you have to hit back hard.

    By the way, people. Here is a picture of District Attorney Rosemary Lehmberg’s MUGSHOT when she was arrested for drunk driving.

    • Stan D Mute

      Nice. There are videos from the police dash cam as well as jail videos where she was restrained and had a “spit restraint” as she was spitting at the police.

      Sadly, it is the VOTERS in Austin who have themselves to blame for this disgusting cow holding such an office. When Texans elect a morbidly obese Jewish lesbian to be chief law enforcement officer, what hope have we really?

      • 1stworlder

        Dang this is Austin that explains it.

        • Mr Realist

          Hey! Not everyone in Austin is a pinko commie leftist. Some of us are just regular people who enjoy living in the only major city in the US where the number and percentage of blacks in the city are falling.

          • 1stworlder

            That’s only because M-13 is killing them faster than they can breed. Are you lower than you where before the big Katrina dump?

          • DooDoo Brownstein

            Yeah, precisely because those very same pinkos who INSIST upon diversity for everybody else are displacing the ghetto blacks through gentrification, making a safe place for themselves. Funny how that works…..

          • benvad

            Don’t let out the secret, Rich Benjamin will make a documentary about it.

      • Jacobite2

        Next she’ll be on Barbara Mikulsky’s staff. That’s quite a zoo! Beware Americans, you don’t even want to be ruled by the odd.

      • gemjunior

        Is this thing any decent representation of the Austin judicial system? ALL his friends (Brands) should strike until this Whore of Babylon is fired. What a sick, evil, twisted, anti-white bitch on wheels. I hate her even more than the militant negro who had a guide to driving through the evil white south on her facebook. After all, we all know that blacks are in such danger from us that they need an underground railroad to help them escape with their lives from us every day as we are such a threat to their daily lives. We just keep violating them, it never stops.

    • Sloppo

      Endangering the lives of everyone on the road by driving while intoxicated is apparently excusable but noticing that black members of the NAACP tend to have a “racial agenda” is not. Obviously, George Carlin was right when he said “the club” doesn’t want people with critical thinking ability.

    • archer

      What tribe does Lehmberg belong to?

    • Waldemar Daninsky

      Autism, TX. What a wonderfully diverse city.

    • MBlanc46

      He’s a lawyer and a prosecutor. He should no what he can and cannot say in 21st century America.

      • eduardusjacobus

        “know” not “no.”

        • MBlanc46

          Thank you.

  • MekongDelta69

    Tsk, tsk – somebody should have warned Brand that feminazis like Lehmberg do NOT tolerate (one way) ‘hate‘ speech.

  • D.B. Cooper

    Well, well, well. Look what I found. We now know why she was able to keep her job:

    Lesbian Travis County District Attorney Rosemary Lehmberg was arrested over the weekend for driving while intoxicated after drivers reported her swerving into multiple lanes of traffic.

    Sheriff deputies arrested her in a church parking lot early Saturday morning after she refused breath and field sobriety tests. Deputies found an open vodka bottle in her front passenger seat and she allegedly admitted to having two vodka drinks earlier in the evening, KHOU reports.
    Below: drunk Lehmberg kicks door while in jail.

    • She is in a detox cell, probably just outside the intake and booking area. I can not imagine why she is still cuffed in the photo, except that she was impolite or aggressive with the cops. I have broken handcuffs before, but these days I am always polite with cops, because they can shoot me stone dead and everybody knows it.

      • 1stworlder

        The video has her spitting at cops. I thought spitting was a gay thing not lesbian.

        • r j p

          Spitting is a gay thing when the situation is negative, when positive swallowing is the action.

          • Ron Cheaters

            How awful lol

        • She was also pretty much wasted on vodka.

      • tlk244182

        Is there a special technique for breaking cuffs? IOW, could someone (male) of average strength learn to do it?

        • Who Me?

          I doubt a drunk, obese woman could break handcuffs in any case.

        • Reverend Bacon

          Yes, it turns out it’s not that hard. There are some videos on youtube which tell you how.

    • Adolf Verloc

      As an aside, why do they always say it was “two drinks?” Two what – 40 ouncers? I recently moved from Austin, and she is a notorious drunk.

    • r j p

      Sorry, overweight women do not look attractive in capri pants.
      And another sorry, you better be smokin hot to wear flip-flops at 50+.

      • Who Me?

        I don’t know about the capri pants, but they probably took her shoes and gave her the flip flops when they arrested her. (Neither are attractive when worn by women past the age of about 50. And the gray sweatshirt doesn’t help either.)

        • Reverend Bacon

          Attractive is in the eye of the beholder. Maybe you’ve heard women say that “women don’t dress for men, they dress for other women.” Well, when you’re a diesel dyke, it’s just as true, but it means something else.

    • r j p

      Sorry, overweight women do not look attractive in capri pants.
      And another sorry, you better be smokin hot to wear flip-flops at 50+.

  • Truthseeker

    I guess Brand would reject any of us AmRen readers for jury duty as well. Hey, fair enough. The jury has to deliver an unbiased decision, and if there’s any question about the juror’s impartiality, it’s best not to take chances. Though I believe I would be fair regardless of the defendant’s race, I can see why they’d be concerned about it.

    • 1stworlder

      Darn it I shouldn’t have used my last name as my ID

  • Truth Teller

    District Attorney Rosemary Lehmberg White woman, German last name. Hope you run into some nasty black men someday and get what you deserve you filthy feminazi traitor

    • TXCriollo

      Austin does not have many blacks, but a nice trip to dallas might change her views

      • 1stworlder

        They have some an Austin mall chimp out was covered here before. Might be Katrina dumps.

      • kikz2

        south Dallas…near the fairgrounds and MLK Blvd.

        • TXCriollo

          3rd ward of Houston might do the trick too

          • kikz2

            i’m sure that area was further culturally enriched following the absorption of 9th Warders frm NOLA following Katrina as well.
            I only ‘usta’ know the Post Oak/Galleria area, in the 80’s. and heading E on I-10, never went that far S.

            hmmm.. S. Central, bounded by 288 & 45 N of 610. note to self: never head S. thru Houston on 45 for any reason… thx TXCriollo.

            PSA: 45 on up in S. Dallas cuts thru barrio, MLK land is to the W., don’t ever stop and get off 45 to gas in S. Dallas if you can help it…..

  • Truth Teller

    Lesbian as well, Thanks DB Cooper.

  • Truth Teller

    And people wonder why amren is so hard on gays. Even the men who are constantly robbed and beaten in gay neighborhoods by black thugs still remain in the anti White Christian hetero coalition.

    • 1stworlder

      They even cried about Pam Geller putting up posters in San Fran about what muslims do to gays.

    • r j p

      gays are very misogynistic when given the opportunity at the bathhouse.

      • Reverend Bacon

        Yes, but blacks are very anti-gay when given the opportunity at the polls.

    • Fair Dinkum

      Only because they think they have more to gain than to lose by remaining in the coalition. I assure you there’s a lot of anti-black sentiment among gays. Pretty much every gay man I’ve ever known used the N-word pretty freely.

  • Truth Teller

    In most jurisdictions, the deputy DAs “serve at the pleasure of the elected District Attorney” and have no civil service protection.

  • John Smith

    The NAACP makes inflammatory insults against white people all the time. (eg the Tea Party)

    Insults against “rednecks”, “white supremacists” are a-ok.

    “Hate speech” only applies to whites.

    My god, what is it going to be like in even ten years from now for increasingly smaller #’s of whites?

    • Löwenmensch ᛟ

      Maybe it will be like South Africa

      • Einsatzgrenadier

        I used to think the US would eventually become like Brazil or Mexico, but given the realities of human nature and the radical changes being wrought by endless, massive third world immigration, I now believe that the position of whites in America will increasingly resemble the position of whites in South Africa.

        Hard times ahead.

        • 1stworlder

          that would require disarmament.

        • Ron Cheaters

          Keep your eyes on the road, your hands on the wheel… it won’t get that bad, once the US dollar collapses we’ll get a fresh start, and look at all the countries lining up to help.
          Hey Isreal is still an ally. Maybe Russia will prove to be the moral high-ground.
          At least their women are beautiful, not fat, lazy pigs.

  • Frank_DeScushin

    “Batson challenge, an objection filed when it is believed the state improperly struck a potential juror from the candidate pool based solely on race, ethnicity or sex. Such objections can be raised by either side but typically cannot be appealed by the state, legal experts said. They are seldom raised and even more rarely granted.”

    Objections to an attorney eliminating potential jurors based on race or gender are almost never raised because everyone in the legal profession, attorneys and judges alike, know that this is par for the course during voir dire (jury selection). The OJ defense team made every effort to eliminate whites from the jury, and the Zimmerman defense team made every effort to eliminate blacks. Sure the letter of the law may say that race cannot be the “sole” reason a juror is eliminated, but it often is, everyone knows it, and it’s never really challenged. This DA has issues, the foremost of which is white guilt.

    • Ike Eichenberg

      I’m going to make the unsubstantiated claim that there was some other reason for the termination and this was just enough of an opening for her to fire him.

      My guess is the fired DA had political aspirations for her office and she saw a way to paint him with a racist brush.

      Just the charge of racism would effectively kill a potential candidates chances in Travis county, it is that liberal.

  • Adolf Verloc

    I am somewhat familiar with this nasty piece of goods, and hope she gets what’s coming to her. From what I can see, Brand did nothing that attorneys don’t do all the time during voir-dire: try to use your peremptory challenges to ensure a jury that is as favorable to your case as possible.

  • Andy

    “It’s because in part she appeared to be an activist, and that’s what we don’t want.”

    Because the least informed and least engaged make the best jurors…

  • Ron Cheaters

    Oh come on, has the ship sunk this low?

  • LHathaway

    The error not being membership in the NAACP?

    The state may be absolutely right on this but I doubt noting someones membership in a corresponding white group would be grounds for being fired. If so, a whole lot of folks not eager for a white student union at Townsend University are going to be fired. . .

  • Truth Teller

    Maybe he read some of the 20th anniversary stories about the OJ trial and did not want a repeat.

  • freddy_hills

    “comparing her NAACP membership with that of a white supremacist group.”

    Oi, vey! We can’t have that!

    There’s also a Facebook page called “RemoveRosemaryLehmberg”

  • Truth Teller

    MR realist, the percentage of blacks in both San Francisco and Los Angeles is falling, falling, falling. San Francisco has become a squalid corrupt China town with 25 people living in 1,000 sq ft houses over a garage. Los Angeles is becoming a squalid messican dump. But squalid Chinatowns and squalid messican dumps are preferable to blacks.
    State wide, the african savages are down to 5 percent. That is still too much and they are still way way way overrepresented in govt work, crime and influence. But the hispanics are quickly destroying their political influence.

    • IstvanIN

      Somehow that doesn’t make me feel better.

    • MBlanc46

      “But squalid Chinatowns and squalid messican dumps are preferable to blacks.”

      Blacks have been in this country almost as long as whites have. I wish that weren’t the case, but it is. There aren’t millions of them pouring over the border. We’ve dealt with blacks before; we can do it again. But if we don’t stop the Mexicans, Guatemalans, et al., soon, we’re doomed.

      • Who Me?

        It really doesn’t make any difference if we lose our country to blacks, orientals or latinoes the result is the same, we have lost it at that point. We need to get our act together and keep our country OURS. Squabbling about *which* invaders are *better* is f’n insane.

        • MBlanc46

          My point was that blacks aren’t invaders. We’ve let them become a problem, but it’s a solvable problem. Millions more Hispanics aren’t a problem, they’re a disaster.

  • Truth Teller

    On your 40th birthday take a good look at yourself, including your hands and feet. Feet especially just do not age well. You can diet and keep slim. You can get botox, collagen and lifts (don’t forget the neck and jowls) You can wear gloves, use sunscreen and hydroxine or whatever it is for liver spots. But there is nothing you can do about your feet.
    Regular pedicures help. Slathering vaseline on your feet and putting plastic bags on your feet overnight helps. But there’s nothing you can do to stop your feet aging. Nice little flats with a nice summer dress a bit below the knee is the way for older women to go. And wear sleeves, even if you have to learn to sew pretty little summer dresses.
    And if you dye your hair, touch up the roots every week, not every 4 months.

    She’s a double affirmative elected official. Why bother to look nice? Be fat and slovenly and succeed.

  • WR_the_realist

    That prosecutor should have known that if you say anything out loud that would offend the $PLC you will be fired. If you want to keep your job you must stay anonymous or just keep your mouth shut.

    Needless to say, keeping a member of the NAACP out of your jury is evil, whereas not keeping a member of Amren out of your jury is also evil. Such is the zeitgeist. Amren does not advocate racial quotas for whites, but the NAACP does advocate racial quotas for blacks. Discriminating against whites and in favor of blacks is good, just choosing the best person for the job is evil.

  • humura

    The NAACP in its title reveals it is for the advancement of colored people. Not equal rights for all, but advance colored people. Those interests come first. So if she were on a jury and it advances her cause to free an OJ, even if he be guilty, what will be the verdict? I hope he fights, and wins this case.

    • Zaporizhian Sich

      No, it really is the National Association for the Advancement of Criminal Psychopaths. It is by, of and for criminal psychopaths whose goal is mass murder and genocide against whites.

  • Truth Teller

    NAACP was a jewish organization for the first 60 years. It was not until the early 1970’s that blacks got control of the organization. Brown vs Topeka was an NAACP jewish racist conspiracy against White children and teachers from the start. All, and I do mean all the money that culminated in Brown vs Topeka came from AJC, ADL and other jewish supremacist organizations.
    Of course it was White Christians, Earl Warren and Eisenhower who bowed to jewish supremacy and enforced Brown Vs Topeka. Later on, it was another Republican, Nixon who really got busing going.

  • Jacobite2

    Folks, this only looks bad. If you understand that white people are second-class citizens and must always give way to blacks, it’s perfectly understandable.

  • gemjunior

    She is an utterly disgusting example of what’s wrong with this country.

  • Argent Furor

    For shame!! You aren’t allowed to tell the truth. You aren’t allowed to call the NAACP what it really is. You aren’t allowed in any way to disparage a “person of color” even if your disparaging words are %100 true.Welcome to Obrownmaos murrica home of trampled sheeple land of the minority oppressors.