The defense in the 2 Live Crew obscenity trial contends there aren't enough blacks and young people among the prospective jurors.
Three of the first 25 potential jurors questioned Monday and Tuesday were black and one was under 25, said Bruce Rogow, attorney for the three members of the black rap group arrested for performing songs from an album pronounced obscene.Jury selection was to continue Wednesday.
"You don't have to be a genius to look at this jury pool and see that's not what Broward County looks like," Rogow said.
The makeup of the jury is particularly important because obscenity cases depend on how the jury defines community standards. In addition, rap music is aimed primarily at a black audience, and the rap group and its defenders have claimed the case smacks of racism.
Rogow challenged Broward County's voter-based jury pool as unconstitutional in cases like obscenity that depend on community standards. Judge June Johnson said she wanted to see the whole 70-person pool before ruling on the challenge.
Luther Campbell, Chris Wongwon and Mark Ross were charged after they performed songs from "As Nasty as They Wanna Be" on June 11 at an adults-only show at a Hollywood club. Days before, a federal judge ruled the album obscene.
Rogow also represented Charles Freeman, a black record store owner convicted of obscenity last week by an all-white jury for selling "As Nasty As They Wanna Be."