Yesterday's Houston Chronicle carries a story about a November decision by the U.S. 5th Circuit Court of Appeals in Oliver v. Quarterman, (5th Cir., Nov. 16, 2007). In it the court ordered briefing and oral argument scheduled on whether jurors' consultation of the Bible during the sentencing phase of a murder trial raises a presumption of prejudice, and, if so, whether the state has rebutted that presumption.
Winston Cochran, Oliver's lawyer, says that at issue is whether jurors, in imposing the death sentence on Oliver, were prejudiced by Numbers 35:16 that reads: "But if he struck him down with an iron object, so that he died, he is a murderer; the murderer shall surely be put to death" Cochran explained: "This poor old farmer, he got shot and when he was lying outside on the ground, he was struck with the barrel of a gun. So he was literally struck with an iron rod. You could say God and Moses anticipated this exact thing if you take a literal view of it. And that's got a lot of potential for mischief." Attorney Sue Korioth, who handled an earlier appeal in the case, said there was no implication that jurors voted based on Scripture. She said: "Several [jurors]... carried Bibles in and out like my daughter carries her 'Seventeen' magazine. It was just their reading material."
