New trial sought in race-bias case

LR’s diversity manager cites all-white jury in March loss

Little Rock's diversity manager is requesting a new trial on her racial-discrimination claim against the city, partly on the basis that an all-white jury decided the verdict last month and on an allegation that City Manager Bruce Moore lied under oath.

A federal court jury heard Diversity Manager Ericka Benedicto's discrimination case in a two-day trial at the end of March and ruled in favor of the city. The pool of 32 people from which the 12 jurors were selected was made up of all whites. Benedicto is black.

Benedicto claimed in her lawsuit that she was discriminated against because of her race in determinations made by Moore about salary increases. Moore also is black.

The city's Human Resources Department did a salary-equity study in 2010 for three employees in the city manager's office because one of them was hired with a greater salary than another, who had worked for the city for years.

The department recommended raising the pay of the senior employee, who is white, to that of the new hire, who also is white. A memo from the department to Moore said all three managers had similar experience, but it didn't make a recommendation on Benedicto's pay, which also was higher than the most senior employee at the time.

The senior employee's salary was then raised, while Benedicto's was not.

In Benedicto's motion for a new jury trial, filed Thursday in U.S. District Court for the Eastern District of Arkansas, Western Division, Benedicto said there are three reasons she should be given a new trial.

One is because the all-white jury excluded blacks and other members of minority groups, resulting in an "unfair trial," she wrote, citing the 1968 Jury Selection and Service Act that states the right to a jury selected at random from "a fair cross-section of the community."

There are 11 counties that make up the Western Division. Most have minority-group populations lower than 15 percent, but Pulaski County is made up of more than 40 percent blacks, Hispanics, Asians and other ethnic minority groups, Benedicto said.

The jury pool selected for her trial "did not provide an opportunity for an impartial trial in which the perspectives of racially and ethnically diverse individuals could have been expressed, particularly in a racial discrimination case," she wrote.

Secondly, Benedicto claimed in her motion that Moore lied under oath and that the false testimony could have swayed the jury that ruled against her.

During the March 21-22 trial, Moore testified in response to questions from Benedicto, who represented herself, that he had a conversation with her before her lawsuit was filed to address her concern that race affected her compensation.

Benedicto continuously pushed him on the matter, and eventually took the stand as a rebuttal witness to tell the jury that no such conversation ever took place.

"Mr. Moore gave false testimony in order to prevent the jury from learning that he never denied Ms. Benedicto's written concern that race was affecting her compensation. Moore led the jury to believe that he was responsive to Ms. Benedicto's racial concern," she wrote in Thursday's motion.

She added, "Mr. Moore's false testimony suggests that he believed that the truth may have led the jury to rule against the city."

Moore declined comment on the allegation through a spokesman Thursday.

Lastly, Benedicto argued that the facts of the case supported her argument, and not the city, thus she should be granted a new trial.

Little Rock's Chief Deputy City Attorney Bill Mann said the city would file a timely response to Benedicto's motion with the court, but he declined further comment on the substance of the motion.

A judge will respond to Benedicto's motion after reviewing it and after a response from the city has been filed.

Metro on 04/22/2016

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