To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

FAYETTEVILLE – Defense attorneys in the state's first Racial Justice Act hearing have tried to rule out a key witness for the state's testimony.

Superior Court Judge Greg Weeks heard from Marcus Robinson's attorneys in their request to block parts of Dr. Joseph Katz's testimony from the record.

Dr. Katz was hired by the state to analyze the Michigan State study performed by the defense. That study says that in capitol murder cases in North Carolina from 1990 to 2010, prosecutors were twice as likely to strike a black juror from a case than a white juror.

"My methodology to address that is to attempt to obtain the best explanation possible for each of the black jurors that were struck,” said Katz. “In this case, as of Jan. 10, that would be 636 black juror members."

Dr. Katz reached out to prosecutors across the state to give their insight on why each of these black jurors was struck from a trial. The defense said his study indicated to these prosecutors what kind of response he was hoping to receive.

Dr. Katz said it was simply a collection of data.

“You were surveying these prosecutors as to their belief in the credibility of the msu study, weren't you?” a defense attorney asked.

“I was asking them for their expertise on it, if you want to call it a survey, I guess you can,” said Katz. “But I didn't see it as a survey, but more trying to find the best person to provide a reasonable explanation."

Dr. Katz did not hear from all of the prosecutors he reached out to, making the defense question its validity.

"What was the response rate for prosecutors in the State of North Carolina at the time you finalized your report on Jan. 9, 2012?” the defense asked.

“Somewhere around 39 to 40 percent, for the state wide, but I got 100 percent for Cumberland County,” said Katz.

Prosecutors argued this is an issue they could take on when the time comes. Judge weeks ruled that Katz could testify. He will take the stand Thursday to give details into his findings of the study.