People v. Hope (137 Ill. 2d 430, 1990)

JUSTICE STAMOS

delivered the opinion of the court:

Defendant, Edgar Hope, Jr., was tried by a jury in the circuit court of Cook County and convicted of murder, attempted murder, and armed violence. (Ill. Rev. Stat. 1981, ch. 38, pars. 8 — 4, 9 — 1(a)(1), 33A — 2.) The jury had no black members; defendant is black; and the two victims of his most serious crimes were white, both of them police officers. After a sentencing proceeding before the same jury, which determined that there were no mitigating factors sufficient to preclude imposition of a death sentence, the court sentenced defendant to death on the murder conviction. No sentences were imposed for the other convictions. Defendant took a direct appeal to this court. Ill. Const. 1970, art. VI, §4(b); Ill. Rev. Stat. 1981, ch. 38, par. 9 — l(i); 107 Ill. 2d Rules 603, 606.

By an order of May 1, 1987, while this cause was pending, we directed the trial court to conduct a hearing to determine whether the State had unconstitutionally discriminated on the basis of race when it peremptorily challenged venire members. The order was entered pursuant to our supervisory authority and on our own motion, the hearing was to be conducted in accordance with the teachings of Batson v. Kentucky (1986), 476 U.S. 79, 90 L. Ed. 2d 69, 106 S. Ct. 1712, the trial court was to make and file appropriate findings of fact and conclusions of law, and we retained jurisdiction. See People v. Hooper (1987), 118 Ill. 2d 244 (similar order); see also People v. Andrews (1989), 132 Ill. 2d 451, 461-62 (citing similar cases).

The scope of our review now includes the Batson proceedings. A transcript of those proceedings, but no specific written findings of fact or conclusions of law, was filed by the trial court with the clerk of this court. The central Batson issue is whether the trial court erred in holding that defendant failed to make a prima facie case of purposeful racial discrimination in jury selection and that no such discrimination occurred.

For the reasons that follow, we affirm on the Batson issue and affirm defendant’s convictions but vacate his sentence and remand the cause.

I. FACTS

A. THE CRIMES

At about 10 p.m. on February 5, 1982, defendant was boarding a Chicago Transit Authority bus at 79th Street and the Dan Ryan Expressway in Chicago when he was seen by Charles Harris, who had filed a robbery complaint against him several months earlier. There was an outstanding warrant for defendant’s arrest. Harris told two nearby police officers, James Doyle and Robert Mantia, that defendant was on the bus. The officers and Harris drove the short distance to where the bus was then stopped, near the intersection of 79th Street and Lafayette Avenue. Harris identified defendant and pointed out where he was sitting, at the back. The two officers boarded the bus; defendant was searched briefly. As Officer Doyle was following defendant toward the front to remove him, defendant suddenly turned and fired a handgun. He shot and killed Doyle and then fired at Mantia, who was at the back of the bus searching another person. Two passengers, Kevin Paige and Cynthia Houston, were injured by defendant’s gunfire. Mantia pursued defendant and, after more shots were fired, captured him outside the bus.

At trial, defendant admitted firing the shots that killed the officer and wounded the passengers. He raised as a defense his drugged condition, and the only contested issue at trial was his mental state at the time in question. Defendant testified that he had been drinking alcohol, smoking marijuana, and ingesting cocaine in the hours preceding the occurrence. Dr. Edward Senay, a physician, testified in defendant’s behalf as an expert witness. Based on what defendant had told him regarding his use of drugs and intoxicants, Dr. Senay was of the opinion that defendant had been moderately to severely intoxicated at the time in question and that his judgment had been mildly impaired. Dr. Senay also testified that, despite the intoxication, defendant had known what he was doing and had acted intentionally. Other witnesses testified variously that defendant did or did not appear to be intoxicated on the bus or after the shooting.

B. THE 1982 JURY SELECTION

In the 1982 selection of defendant’s jury, the State exercised 11 peremptory challenges, five of which were used to exclude all those venire members called for voir dire who were black and not otherwise excluded. (A sixth black member was excused for cause.)

While hearing defendant’s first motion for a mistrial based on allegedly systematic exclusion of black venire members, the trial judge permitted the State to offer explanations in camera for its earlier peremptory challenges of such members, stating that he was doing so “just for the sake of the record” and adding his observation that “[a] couple of them were out and out bums, to say the least.” In explaining his latter comment, the trial judge stated that one was “unemployed and never really worked anywhere,” that he did not believe “anybody in his right mind would have taken that juror,” but that the State could “give the reasons for what it’s worth.” The State thereupon offered explanations for the peremptory challenges at issue, and the trial judge implicitly denied the mistrial motion.

1. The First Four Disputed Challenges

At this point in the trial, four black venire members had already been peremptorily challenged by the State.

a. The challenged venire members

Gay. The first such member was Gayle Gay, who was a 24-year-old telephone operator with 2½ years’ tenure and was married to a Navy airman with six years’ service. She had lived in the same neighborhood for more than six years, had no children, was well dressed, belonged to the Brethren faith, and did not attend church regularly. She had been the victim of a burglary for which no arrest had been made. With regard to the burglary, the following exchange occurred during her voir dire:

“Q. Is there anything about that that you feel would affect your ability to give both sides a fair trial?

A. Yes.

Q. Why?

A. Is there any reason why I—

Q. The fact you have been burglarized, would that affect your ability to give both sides a fair trial?

A. Oh, no.”

Franklin. The second such venire member was Kenneth Franklin, who was 21 years old, had lived at his current address for 20 years, was single and unemployed, and was living with his unemployed mother. He had once worked at a restaurant for nine months.

Buckley. The third such venire member was Roger Buckley, who had never been married, was living with his parents, and was employed as a supervisor at a State medical center where he had worked for 5V2 years. He had custody of his eight-year-old daughter, whose mother lived separately and was receiving public assistance. Before his current employment, he had worked for two years as a clerk. Buckley’s brother was a drug abuse counselor and a former police officer. Buckley had once witnessed a burglary to his father’s car, had testified in court, and was satisfied with the results of the case. He was a Baptist and did not attend church regularly.

Bartlett. The fourth such venire member was Louise Bartlett, who was separated from her husband and had lived at her current address for 36 years. She had been employed for three years as a wrapper in a factory. Her husband had worked in a paint factory when they lived together. She had six adult children, who ranged in age from 19 to 36 years and included a single housewife, a single car-wash worker, a teacher in a public school, a married firefighter, a single city government office clerk, and a business administration student. The car of one of her sons had once been burglarized, for which no one had been arrested. When first asked whether she belonged to any clubs or organizations, she replied, “The Defenders,” but when later asked again, she replied, “No.” She was a Baptist and attended church regularly. The transcript suggests that her interrogator had some difficulty in hearing her responses to questions and that on one occasion she had to be asked a question twice before giving a responsive answer.

b. The State’s 1982 explanations

Gay. In attempting to explain the peremptory challenge of Gayle Gay that had occurred earlier in the day, a prosecutor said, “I’m trying to think who she was, Judge,” and the other prosecutor said, “I don’t recall that individual in particular, Judge. We have excused at least ten and I don’t recall everybody we have excused.” The trial judge then said, “The reason why I would not choose that juror, as far as I’m concerned, is, she's a young black lady about the same age as the defendant. That’s why I would have excused her.”

Franklin. In regard to Kenneth Franklin, to whose former restaurant employment defense counsel had referred, a prosecutor remarked, “Obviously, he was chasing cockroaches for a couple of months,” and the other prosecutor added, “That’s the only job he ever had. He could hardly talk to you.”

Buckley. Before giving the State an opportunity to explain the peremptory challenge of Roger Buckley, the trial judge remarked, “Buckley, there’s no question.” Later, when actually explaining their challenge to Buckley, the prosecutors recalled (erroneously) that “he’s some kind of counselor,” “[h]e works for some kind of drug abuse unit,” adding that he was of defendant’s age, had never been married, and had an eight-year-old child.

Bartlett. As for Louise Bartlett, a prosecutor said that she “reacted to Your Honor’s questioning as if she had no idea of what was going on.” The other prosecutor later added that “[s]he could not respond to any questions you were saying. She had no idea what was going on, and that’s some of the reason why — ,” at which point the first prosecutor interjected, “Some of the people simply cannot follow some of your instructions.” At this point the trial judge remarked, “I really don’t feel so far, I haven’t seen an outstanding one yet.” Without explicitly addressing the mistrial motion further, the court then resumed voir dire of venire members.

2. The Fifth Disputed Challenge: Facts and 1982 Explanation

Wadley. During the resumed proceedings, a fifth black venire member, Denise Wadley, was peremptorily challenged by the State. She had never been married, had lived for 17 years in the same neighborhood (16 of those years with her family), and had been working as a telephone operator for five years. Earlier, she had worked three years for an optical company and five years as a post office distribution clerk. She was a Baptist and did not attend church regularly.

After Wadley was excused, defense counsel renewed their motion for a mistrial. Later, in argument on the motion after the jury had already been impaneled and sworn, a prosecutor observed that Wadley was “a single lady who lived on the South Side of Chicago. Of course, the defendant lives on the South Side of Chicago, and more significantly, Judge, our concern on that, and her age and everything else. The fact she lives alone and the fact that the address — .” After an interruption by defense counsel, the prosecutor continued:

“Just this past Sunday evening, we tried to locate a witness of ours at the very same building, a witness who I believe has in fact given the Defense a statement in this case. That is a man by the name of Mr. Hardley. That witness indicated to us he would cooperate with us. He in fact stiffed us, was not there. We have no idea what he’s doing in that building. If he’s around, there may be contact, and in addition any possible trepidations this young lady may have.”

The trial judge then remarked:

“I cannot say they systematically excluded any black jurors, because I don’t really feel, for one reason or another, that we really had substantial black jurors that, you know, that I would as a trial lawyer, accept as far as this case is concerned, and the one, basically young black juror basically about the same age as the defendant. I mean, with the exception of the one older lady, I don’t know how old she was, and she had children the same age, and Louise Bartlett, but I agree with the State she wasn’t the sharpest juror.

I can't say they proved they systematically excluded them.”

Formally denying the mistrial motion, the judge added:

“I mean, if they started excluding black jurors who basically had worked at a job for ten or twenty years and lived in the community and so forth, maybe I would say there may be something to your motion and if I followed the cases, which I question about whether it’s the law in the State of Illinois, but as the law now sits, not having done so, I can’t really say, per se, that they did it.”

C. THE 1987 BATSON HEARING

As noted, the proceedings just described took place in 1982. After our 1987 remand on the basis of the 1986 Batson decision, defendant moved for a ruling that a prima facie case under Batson existed. In support of the motion, defendant offered the 1982 voir dire transcript and copies of relevant juror information forms completed by venire members.

On submission of the 1987 motion for a Batson ruling, the trial judge called on the State to “supplement the record,” remarking:

“When the [1982] motion was made I did go into it. I gave reasons why I did not think at that time they were excluded because of race.

I basically said for the record what I thought. However I can’t read the State’s mind.

The State can tell me for the record what they had in mind, if they remember.”

A trial prosecutor, declaring that the State was not conceding that defendant had made out a prima facie case, then proceeded to set out reasons for the State’s peremptory challenges.

1. The State’s 1987 Explanations

Gay. In regard to Gayle Gay, the prosecutor said that “the first thing that came to our mind” was that she was a victim of an unsolved felony and that she had been peremptorily challenged “because among other reasons, primarily because” of that fact. The prosecutor argued that five other venire members who were not black had been excused for similar reasons.

At that point, defense counsel said that he had understood that the court would first rule on whether a prima facie case had been established. The trial judge replied:

“I ruled at the time I did not find it. That’s the reason I ruled the way I did at the time.

Now I want him to supplement the record. After-wards you can supplement the record, anything you have contrary to what the State said, and we will send the record out.”

The prosecutor then observed that initially Gay had also said that the unsolved crime might affect her ability to be impartial.. He asserted that, though she had corrected herself, the State had obviously felt concern.

Buckley. In regard to Roger Buckley, the prosecutor said that Buckley’s brother had left law enforcement to become a drug abuse counselor, that one of defendant’s attempted defenses was that he was under the influence of drugs at the time of the crimes, and that the defense had listed prospective expert witnesses regarding drug abuse. “This is something that stood out like a stoplight,” the prosecutor said.

Bartlett. In regard to Louise Bartlett, the prosecutor cited “cumulative reasons.” He first referred to her “demeanor” and said that she had “had a tough time looking at the Court” and “a tough time responding to the Court’s questions.” “If you look at the record on four different occasions the Court had to go back and repeat questions in order for the Court to even hear her answers,” he added. The prosecutor continued by saying that, like Gayle Gay and “several white jurors who were excused for the same reason,” one of Bartlett’s sons had been the victim of an unsolved burglary or robbery. “Last but not least,” the prosecutor concluded, Bartlett had said that she belonged “to group or organization, quote, Defenders,” which “simply did not have a strong law enforcement ring to it.” The prosecutor said that the reasons for excusing Bartlett had almost amounted to cause but that the State had exercised a peremptory challenge rather than asking that she be excused for cause.

Wadley. In regard to Denise Wadley, the prosecutor said that she was “a younger person” and that she “was living at an address where one of the original State’s witnesses was residing” — “[a] state witness that *** had apparently given a statement to the defense.” “In any event, it was making it rather difficult in cooperating with the State,” added the prosecutor. There was no supportive evidence in the record (and there was some contradictory evidence) as to the accuracy of the prosecutor’s statement about the witness’ place of residence.

Franklin. Finally, in regard to Kenneth Franklin, the prosecutor said that he was “a young man, about the defendant’s age,” that he lacked roots in the community and work experience because he was single and unemployed and his only employment had been “some type of work at a pancake house,” and that he had had “difficulty speaking to the Court, understanding what was going on, apparently looking at the Court.” The State cited People v. Talley (1987), 152 Ill. App. 3d 971, 986-87 (finding no error in trial court’s denial of defendant’s mistrial motion after prosecutor merely explained that he had been “not too happy” with challenged venire member’s “demeanor and how he answered the questions”).

2. The Defense’s Rebuttal

Defense counsel and the trial judge then had a spirited exchange over counsel’s inquiry as to whether the State would offer more evidence prior to the defense’s rebuttal. During this colloquy, defense counsel said: “The motion I filed was a motion for you to declare a prima facie case.” To this, the judge replied:

“The motions you filed I am putting in the file. I was told to conduct a hearing as I read what the Supreme Court told me to do, not you.

You can supplement the record any way you wish to.”

After a continuance to review the voir dire transcripts to which the prosecution had referred, defense counsel argued at length in rebuttal of each prosecution explanation.

As defense counsel neared the end of his argument, the following exchange occurred:

“THE COURT: Let me ask you a question. The Supreme Court is going to have to answer for all of us. Merely because the victim is white and the defendant is black, can you excuse him for that reason? Is that a valid peremptory challenge?

MR. ISAACSON [assistant public defender]: Because the defendant is black and the victim white?

THE COURT: Yes.

MR. ISAACSON: I think, it is absolutely clear you cannot.

THE COURT: I am not too sure. I ask it because I wish they would answer that question for me because I think that is the whole problem which is wrong with peremptory challenges. Proceed.”

3. The State’s Surrebuttal

At the beginning of what may be called the State’s surrebuttal argument, the prosecutor said that at the Batson hearing it was the defense’s obligation to prove a prima facie case of discrimination, but that the absence of black jurors alone was insufficient proof. The State argued that its peremptory challenges were exercised against a racially mixed group of five black and six white venire members, that the defense could have used more of its peremptory challenges so that seven to eight black venire members remaining might have been reached for voir dire, and that the defense had not established a prima facie case. In addition, the State argued that it had not been obliged to follow Batson precepts when it offered its 1982 explanations for peremptory challenges; it did not then have the assistance of a voir dire transcript or even the juror information forms; and it should not be held strictly to its 1982 explanations. Finally, the State argued that, while it had articulated nonracial reasons for the peremptory challenges, the reasons were not required by Batson to rise to the level of cause for challenge, and the State had not claimed that the reasons articulated were the only reasons for the challenges. Thus, according to the prosecutor, “the record should be very clear that even if someone stretching the imagination could assume that the defense in this case has presented a prima facie case, which I submit no one can, that the State in this case has not violated the mandates of Batson.”

At this point, the transcript reveals the following exchange:

“THE COURT: *** I ruled of course at the trial I did not see any racial excluding here. Based upon the hearing I have here, I have not changed my mind ***.

* * *

Since I ruled before, I have not changed my ruling after hearing the reasons given to me today.

MR. ISAACSON: Your Honor, could your Honor make a finding of whether or not we have established a prime [sic] facie case?

THE COURT: No, you did not.

MR. ISAACSON: And one further—

THE COURT: Which I ruled at the time of the trial.”

II. ANALYSIS

A. BATSON PROCEDURE

In Batson v. Kentucky, the Supreme Court recognized the “important position” of peremptory challenges in trial procedure and acknowledged that generally such challenges can contribute to the administration of justice. (Batson, 476 U.S. at 98-99, 90 L. Ed. 2d at 89, 106 S. Ct. at 1724; see Swain v. Alabama (1965), 380 U.S. 202, 212-20, 13 L. Ed. 2d 759, 768-72, 85 S. Ct. 824, 831-35.) However, noting that the peremptory challenge has often been used to discriminate against black jurors, the Court declared in ringing terms that such a practice injures not only the defendant and the would-be juror but also the entire community. Intentional race-based jury discrimination weakens public respect for the justice system and the rule of law. Batson, 476 U.S. at 87-88, 99, 90 L. Ed. 2d at 81-82, 89, 106 S. Ct. at 1718, 1724.

Under Batson, a defendant’s prima facie case of purposeful racial discrimination in jury selection may be based solely on evidence regarding the State’s use of peremptory challenges in the defendant’s own case. The prima facie case can be established by relying on the fact that the peremptory-challenge system facilitates any intended discrimination and by showing that (1) the defendant belongs to “a racial group capable of being singled out for differential treatment,” i.e., “a cognizable racial group”; (2) the State removed members of the defendant’s race from the venire by using peremptory challenges; and (3) these facts “and any other relevant circumstances raise an inference” of purposeful discrimination because of race. Batson, 476 U.S. at 93-96, 90 L. Ed. 2d at 85-88,106 S. Ct. at 1721-23.

As two “merely illustrative” examples of possible “relevant circumstances” to be considered in deciding whether a defendant has made a prima facie case, the Batson Court cited “a ‘pattern’ of strikes against black jurors” and “the prosecutor’s questions and statements” during voir dire and while exercising challenges. (Batson, 476 U.S. at 96-97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723; see also People v. Holman (1989), 132 Ill. 2d 128, 172-73.) This court has also recognized that a prima facie case may be established if a prosecutor exercises peremptory challenges “against a group of veniremen being otherwise ‘as heterogeneous as the community as a whole,’ sharing race as their only common characteristic.” People v. McDonald (1988), 125 Ill. 2d 182, 196, quoting People v. Wheeler (1978), 22 Cal. 3d 258, 280, 583 P.2d 748, 764, 148 Cal. Rptr. 890, 905; accord People v. Harris (1989), 129 Ill. 2d 123, 172-73.

As additional examples of relevant circumstances, this court and others, before and after Batson, have identified the disproportionate use of strikes against black persons (People v. Mahaffey (1989), 128 Ill. 2d 388, 413; People v. Wheeler, 22 Cal. 3d at 280, 583 P.2d at 764, 148 Cal. Rptr. at 905), the level of black representation in the venire as compared to the jury (Mahaffey, 128 Ill. 2d at 413; People v. Evans (1988), 125 Ill. 2d 50, 64), and the races of defendant and victim (Mahaffey, 128 Ill. 2d at 413; Wheeler, 22 Cal. 3d at 281, 583 P.2d at 764, 148 Cal. Rptr. at 906) or defendant and witnesses (Mahaffey, 128 Ill. 2d at 413; United States v. Mathews (7th Cir. 1986), 803 F.2d 325, 332, rev’d on other grounds (1988), 485 U.S. 58, 99 L. Ed. 2d 54, 108 S. Ct. 883).

“Once the defendant makes a prima facie showing, the burden shifts to the State to come forward with a neutral explanation for challenging black jurors.” (Emphasis added.) (Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723; accord Harris, 129 Ill. 2d at 174 (“once a prima facie case *** has been established, the State has the burden of coming forward with a neutral explanation”).) The State’s neutral explanation must be “related to the particular case to be tried.” (Batson, 476 U.S. at 98, 90 L. Ed. 2d at 88, 106 S. Ct. at 1724.) In articulating that explanation, “the prosecutor must give a ‘clear and reasonably specific’ explanation of his ‘legitimate reasons’ for exercising the challenges.” Batson, 476 U.S. at 98 n.20, 90 L. Ed. 2d at 88 n.20, 106 S. Ct. at 1724 n.20, quoting Texas Department of Community Affairs v. Burdine (1981), 450 U.S. 248, 258, 67 L. Ed. 2d 207, 218, 101 S. Ct. 1089, 1096.

“[T]he prosecutor’s explanation need not rise to the level justifying exercise of a challenge for cause,” but “the prosecutor may not rebut the defendant’s prima facie case *** by stating merely that he challenged jurors of the defendant’s race on the assumption — or his intuitive judgment — that they would be partial to the defendant because of their shared race.” The State may not base a peremptory challenge on an assumption that juror bias would arise “simply because” a defendant and the venire member are both black, or on assumptions that arise “solely from the jurors’ race.” Batson, 476 U.S. at 97-98, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723.

“The trial court then will have the duty to determine if the defendant has established purposeful discrimination.” (Emphasis added.) (Batson, 476 U.S. at 98, 90 L. Ed. 2d at 88-89, 106 S. Ct. at 1724.) “To do so, the trial court must make ‘a sincere and reasoned attempt to evaluate the prosecutor’s explanation in light of the circumstances of the case.’ ” (People v. Harris (1989), 129 Ill. 2d 123, 174-75, quoting People v. Hall (1983), 35 Cal. 3d 161, 167, 672 P.2d 854, 858, 197 Cal. Rptr. 71, 75.) “Since the trial judge’s findings in the context under consideration here largely will turn on evaluation of credibility, a reviewing court ordinarily should give those findings great deference.” Batson, 476 U.S. at 98 n.21, 90 L. Ed. 2d at 89 n.21, 106 S. Ct. at 1724 n.21; accord Harris, 129 Ill. 2d at 175.

Calling for a keener effort to achieve Batson goals of eliminating racial discrimination and preserving the benefits of peremptory challenges, one commentary has observed:

“Courts disserve both of Batson’s competing interests if they force prosecutors to explain any strike of a venireperson who shares the defendant’s race and then accept virtually any [proffered] explanation. Yet, the prosecutor’s explanation must be the focal point of judicial scrutiny if Batson’s protections are to have any meaning at all. Trial courts can best effectuate these protections by utilizing [a] dual inquiry ***. First, do the prosecutor’s proffered motives rebut the prima facie case, creating a fact question of purposeful discrimination? Second, if so, after a review of all the evidence, including the facts raising the inference and the sum quality of the prosecutor’s explanations, has the defendant ultimately proven purposeful discrimination^]

Rebutting the prima facie case involves an independent assessment of each of the prosecutor’s explanations: 1) is it specific?; 2) is it rationally related to juror bias or other characteristics affecting juror qualification^]; and 3) is it bona fide? If each of the prosecutor’s explanations passes these requirements, a fact question results. ***

A satisfactory rebuttal of the prima facie case does not end the inquiry. *** [T]here remains the ultimate determination of whether the defendant has proven intentional racial discrimination. In making this ruling, the trial court should carefully consider all relevant circumstances, including the strength of the evidence which initially raised the inference and especially the nature of the prosecutor’s explanations viewed in toto.” (Emphasis in original.) Serr & Maney, Racism, Peremptory Challenges, and the Democratic Jury: The Jurisprudence of a Delicate Balance, 79 J. Crim. L. & Criminology 1, 64 (1988).

It is clear from Batson, and the State appears to concede, that the Court envisioned a methodical, step-by-step application of its standards for judging whether purposeful jury discrimination has occurred. See also, e.g., Teague v. Lane (1989), 489 U.S. 288, 294-95, 103 L. Ed. 2d 334, 345, 109 S. Ct. 1060, 1066 (describing Batson as requiring prima facie case, then prosecutorial explanations); People v. Andrews (1989), 132 Ill. 2d 451, 467 (ordering assessment of prima facie case, to be followed, if established, by assessment of neutral explanations); People v. Mahaffey (1989), 128 Ill. 2d 388, 412 (first a prima facie case, then articulation of race-neutral reasons).

Yet, in the present case, the trial judge collapsed the Batson analytical steps into an undifferentiated review of defense contentions and prosecutorial explanations. In fact, the State’s brief to this court depends partly on the bootstrapping argument that the trial court’s very finding of no prima facie case makes it unnecessary for several of the State’s explanations to withstand the more searching scrutiny that would follow establishment of such a case. The trial court’s finding of no prima facie case was made after rather than before the State had offered its explanations, and the finding was obviously based at least in part on consideration of those explanations. When asserting that in view of its explanations there was no prima facie case and that the explanations thus need not meet normal standards, the State’s argument becomes purely circular.

If the State’s after-the-fact explanations could simply be added to the balance of otherwise objective circumstances used by the trial court to decide whether a prima facie case has been made, then not only would a defendant’s Batson-conferred ability to make such a case be impaired in the first place, but also it is likely that the explanations themselves would be judged less rigorously than if they had to measure up to Batson standards of specificity and neutrality in order to meet a prima facie case already established. Such procedural inversion would distort Batson’s meaning.

Most courts appear to approve such a clear delineation of Batson analytical steps as we have just set forth. (See, e.g., United States v. Hamilton (4th Cir. 1988), 850 F.2d 1038, 1040-41; United States v. Cartlidge (5th Cir. 1987) , 808 F.2d 1064, 1070; United States v. Love (8th Cir. 1987), 815 F.2d 53, 54-55; People v. Turner (1986), 42 Cal. 3d 711, 719-20, 726 P.2d 102, 106-07, 230 Cal. Rptr. 656, 660-61; State v. Gonzalez (1988), 206 Conn. 391, 395-96, 538 A.2d 210, 212-13; State v. Slappy (Fla. 1988) , 522 So. 2d 18; Gamble v. State (1987), 257 Ga. 325, 357 S.E.2d 792; Weekly v. State (Ind. 1986), 496 N.E.2d 29, 31; State v. Barber (R.I. 1988), 539 A.2d 76, 77-78; Rodgers v. State (Tex. App. 1987), 725 S.W.2d 477.) Our research discloses only one State in which a different view is taken. (See State v. Kilgore (Mo. 1989), 771 S.W.2d 57, 62 (citing State v. Antwine (Mo. 1987), 743 S.W.2d 51, 64, for expanding on Batson by requiring trial courts, as a “practical matter,” to consider State’s explanations prior to determining whether prima facie case was established).) Significantly, a procedural situation similar to the one now before us was present in Rodgers v. State (Tex. App. 1987), 725 S.W.2d 477, where the trial court had heard a defendant’s objection to the prosecutor’s use of peremptory strikes, then asked for prosecutorial explanations, then found no prima facie case of discrimination. Forsaking the trial court’s approach, the reviewing court correctly applied the Raison-prescribed methodology and found that a prima facie case had been made on the basis of the factual circumstances (though it then concluded that the prosecutor’s explanations had rebutted that case).

Two of this court’s recent cases have involved a trial court’s consideration of prosecutors’ explanations in the course of determining whether a prima facie case of jury discrimination had been made. However, neither of our cases expressly approved consideration of such explanations in a context such as that here.

In People v. Brisbon (1989), 129 Ill. 2d 200, we merely observed that the trial court’s simultaneous consideration of the State’s explanations and of the defendant’s proffered prima facie case was “what might be called a consolidated proceeding” (Brisbon, 129 Ill. 2d at 231). We based our affirmance of the trial court’s judgment solely on our own evaluation of objective evidence relevant to whether a prima facie case had been established, not on evaluation of the State’s explanations. Brisbon, 129 Ill. 2d at 231-32.

In People v. Hooper (1989), 133 Ill. 2d 469, though we affirmed a trial court judgment as to a prima facie case that was based on consideration of State explanations, we did so because the State’s reasons for challenges were contemporaneously set forth as “statements *** during jury selection” (Hooper, 133 Ill. 2d at 508), which resembled one of the objective circumstances recognized by Batson as relevant. (See Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723 (“prosecutor’s questions and statements during voir dire examination and in exercising his challenges”).) Here, however, the State’s explanations for challenging the first four black venire members came in a clump after jury selection was well along, after the panels in which those members might have been included had already been accepted and tendered by the State, and after so much time had passed that the prosecutors could not even remember one of the four who had been challenged. The State’s explanation for challenging the fifth black venire member came only after the entire jury had already been sworn and the remaining venire members had been dismissed.

In addition, Hooper differed from the present case in other Batson-significant respects. For instance, in Hooper the defendant, the victim, and most witnesses were black; the venire contained fewer than the usual number of black persons; the State did initially tender one black venire member; and the trial judge was more expansive in his analysis of the evidence and arguments when ruling on whether a prima facie case had been established.

Consequently, while Hooper countenanced some trial court consideration of the State’s articulated reasons when deciding whether a prima facie case had been made, Hooper did so in a very different factual setting than now, and Hooper does not stand for a general willingness to dismantle the Batson analytical framework. Besides, in People v. Andrews (1989), 132 Ill. 2d 451, 462-63, which was decided after Hooper, this court noted that on remand any prima facie case of discrimination would be based on “all the information and evidence defendant is able to muster” (emphasis added) and on any notes or recollections of the trial judge. Andrews contained no intimation whatever of any general rule that post hoc State explanations may be permitted to act as a thumb on the scales while a defendant’s own prima facie case is being weighed to see whether such explanations will even be required.

We do not mean to say that, during jury selection, a prosecutor may not give truly contemporaneous explanations of why venire members are being peremptorily challenged or that, if such explanations are given, the trial court may not treat them as a prosecutor’s “statements” made while exercising challenges (Batson, 476 U.S. at 97, 90 L. Ed. 2d at 88, 106 S. Ct. at 1723) and thus as one of the circumstances to be considered in determining whether a prima facie showing of discrimination has been made. On the other hand, neither do we mean to say that a trial court might not find the whole to be less than the sum of its parts: A series of such contemporaneous explanations, plausible as each might seem when offered, may well fail to prevent a trial court from finding that the totality of circumstances, including any racial pattern of strikes and other relevant factors, nevertheless establishes a Batson prima facie case once a retrospective view of the challenges is taken. In that event, the State would still have to bear the burden of articulating adequately neutral explanations (which might go beyond those contemporaneously offered while exercising challenges). The trial court would then have to weigh them searchingly in order to judge ultimately whether purposeful discrimination had occurred.

But this is not such a case. On review today, we shall adhere to the same basic Batson analytical scheme to which trial courts should generally adhere. Fundamental to our review is consideration of whether the present trial court erred in its eventual finding that defendant had not made a prima facie case of purposeful jury discrimination. For today’s purposes, we shall not apply any presumption that, because explanations were requested, a prima facie case had been made. (But cf. People v. Johnson (1989), 47 Cal. 3d 1194, 1217, 767 P.2d 1047, 1054, 255 Cal. Rptr. 569, 576 (stating presumption); State v. Gonzalez (1988), 206 Conn. 391, 397, 538 A.2d 210, 213 (same); State v. Walton (1988), 227 Neb. 559, 562, 418 N.W.2d 589, 591 (same).) Rather, we shall analyze the question substantively. Then, if the trial court’s articulated finding of no prima facie case is not sustained, we can turn to the question of the State’s proffered explanations for its peremptory challenges.

Ordinarily, addressing that second question might require remand to the trial court for another Batson hearing in order to arrive at a new, procedurally correct finding on the ultimate issue of purposeful discrimination, followed by the deferential treatment that we should normally accord such a finding. See Batson, 476 U.S. at 98 n.21, 90 L. Ed. 2d at 89 n.21, 106 S. Ct. at 1724 n.21 (deference ordinarily required); People v. Andrews (1989), 132 Ill. 2d 451, 461 (initial assessment of prima facie case is province of trial court).

However, in the present cause, the parties have already twice marshaled their evidence and arguments in the trial court. One effort was pre-Batson but contemporaneous with trial; the other was post -Batson but not in procedural conformity with Batson. Together, they produced a record that equals or exceeds in detail what might well be available for our usual review.

Moreover, though sketchily and in unorthodox fashion, the trial court has articulated a specific and reviewable finding on the threshold question of defendant’s prima facie case, as well as a finding on the ultimate issue of purposeful discrimination. This is true even though, despite our directions on remand, the record fails to show any explicit findings of fact or conclusions of law by the trial court, beyond the bare conclusions that no prima facie case was made and that no purposeful discrimination occurred. Cf. People v. Harris (1989), 129 Ill. 2d 123, 187 (findings of fact are desired in order to facilitate meaningful appellate review).

Thus, record deficiencies notwithstanding, we feel that we now have all the factual submissions that are likely or necessary in order for us to judge, without further remand, not only whether the trial court erred in ruling that defendant had failed to make a prima facie case, but also whether a procedurally proper but otherwise identical ultimate finding of no purposeful discrimination would have been contrary to the manifest weight of the evidence so as to support reversal (People v. Harris (1989), 129 Ill. 2d 123, 175; People v. Mahaffey (1989), 128 Ill. 2d 388, 413). See People v. Holman (1989), 132 Ill. 2d 128, 173-75; cf. United States Postal Service Board of Governors v. Aikens (1983), 460 U.S. 711, 715, 75 L. Ed. 2d 403, 410, 103 S. Ct. 1478, 1482 (“Where the defendant has done everything that would be required of him if the plaintiff had properly made out a prima facie case *** [t]he district court has before it all the evidence it needs to decide whether ‘the defendant intentionally discriminated against the plaintiff.’ [Citation.]”); United States v. Forbes (5th Cir. 1987), 816 F.2d 1006, 1010 (where trial court found no Batson prima facie case but required prosecutorial explanation, reviewing court would assume prima facie case and review ultimate finding as to purposeful discrimination).

If we judge that a procedurally regular finding of no purposeful discrimination would have been contrary to the manifest weight of the evidence, then a fortiori the finding irregularly made by the trial court in the present cause will warrant reversal. However, if we judge otherwise, then the trial court’s finding in the present cause, though irregularly made, will stand.

B. PRIMA FACIE CASE

The sole remaining question regarding the present defendant’s prima facie case is whether these facts “and any other relevant circumstances raise[d] an inference” of purposeful discrimination. Batson, 476 U.S. at 96, 90 L. Ed. 2d at 87-88, 106 S. Ct. at 1723.

One relevant circumstance is whether there was a pattern of State strikes against black venire members. The fact that the State peremptorily challenged all black venire members who were reached for voir dire and who were not excused for cause certainly suffices to establish a mere “pattern” of such strikes. A pattern of strikes is not the same as a finished garment of adjudicated dis.crimination. To create a pattern, strikes should do more than occasionally involve venire members of a certain race. The strikes should affect those members to such a degree or with such a lack of apparent nonracial explanation as to suggest the possibility of racial motivation; but they need only suggest, because if the strikes and' other relevant circumstances establish a prima facie case, merely the burden of production is then shifted to the State. The presumption created by the prima facie case, including any pattern that helped to establish it, may yet be blunted with alacrity if the State offers a Batson-sufficient neutral explanation. Then — after the trial court weighs the evidence in light of the prima facie case, the adequately articulated neutral explanations, and any rebuttal of those explanations — the court will decide the ultimate question whether purposeful discrimination has been shown by a preponderance of the evidence. See People v. Harris (1989), 129 Ill. 2d 123, 177.

In the present case, there was more than a mere pattern: A markedly disproportionate use of strikes against black venire members was established. This is true despite the State’s assertion that, because more than half of its peremptory challenges were exercised against persons who were not black, race-neutral rather than disproportionate use of strikes is shown. Some 13 or 14 of approximately 75 venire members were black; this was 19% of the venire. Black persons constituted an even smaller percentage (12%) of those venire members reached for voir dire and not excused for cause. Yet, nearly 50% of the State’s peremptory challenges exercised (5 out of 11) were against this black 12% of the venire, resulting in a jury that was 100% devoid of black persons. We are conscious that, in determining whether a prima facie case has been made, a court “should consider more than simply the number of jurors excluded.” (People v. Young (1989), 128 Ill. 2d 1, 19; accord People v. Hooper (1989), 133 Ill. 2d at 505; People v. Hooper (1987), 118 Ill. 2d 244, 247-48 (Ryan, J., specially concurring, joined by Ward & Moran, JJ.).) However, this disproportion was unquestionably very relevant to establishing defendant’s case, because, justifiably or not, it represented a gross racial imbalance in jury selection. See People v. Holman (1989), 132 Ill. 2d 128, 176-77 (percentages cited by State were important in assessing defense attempt to establish prima facie case); cf. Gamble v. State (1987), 257 Ga. 325, 326, 357 S.E.2d 792, 794 (23.8% of venire black; 0% of jury black; all prosecution strikes used to exclude all black venire members; prima facie case established).

As defendant points out, the differing races of defendant and the murder victim constitute another circumstance relevant to establishing a prima facie case under Batson. (Cf. Holman, 132 Ill. 2d at 177 (racial issues minimized where defendant and all victims were black).) The State argues that the victims of the armed violence of which defendant was convicted, as well as many witnesses, were black, but it remains true that the victim of the most serious crime — murder—was white and was in addition a police officer attempting to arrest defendant. The victim of the attempted murder was a wounded police officer assisting in the arrest and was also white.

These racial facts were recognized as important by the trial judge himself. The trial judge asked each venire member whether his or her objectivity would be impaired by the differing races of defendant and the white victims of the most serious crimes. The trial judge also singled out the disparity between defendant’s race and the race of the white victims when he expressed doubt to defense counsel as to whether a prosecution peremptory challenge based on that fact might not actually be valid. And, in his opening remarks to the venire, the trial judge emphasized the white victims’ importance to the case when he mentioned repeatedly that victims included a murdered police officer and his partner. Against these facts, the State cannot seriously contend that the circumstances of the crimes involved no racial elements that might be relevant to the Batson hearing and our review.

The heterogeneity of the peremptorily excluded black venire members is also a circumstance highly relevant for Batson purposes. Demographically, these venire members were as diverse as the community at large, except for race. They were also as diverse, though racially as nondiverse, as the jurors whom the State accepted.

Both the peremptorily challenged black venire members and the accepted jurors included persons who were jobless or employed at various levels; married, single, or divorced; regular or nonpracticing religious communicants; young or middle-aged; male or female; parents or childless; of longer or shorter residential tenure; victims of crime or not. Some of the jurors and some of the rejected black venire members were, or had immediate family members who were, of the same approximate age as defendant; for that matter, many persons do. Arguably, even in the face of a trial judge’s contrary finding in a given case, such general demographic similarity (except for race) between accepted and rejected venire members would be sufficient on review to discredit a prosecutor’s explanations as pretextual after a prima facie case had once been made. (Cf. People v. Holman (1989), 132 Ill. 2d 128, 176 (substantial dissimilarity of whites and blacks impeded establishment of prima facie case). But cf. People v. Young (1989), 128 Ill. 2d 1, 23 (substantial similarity was not sufficient to reverse trial court’s finding that State rebutted prima facie case; similarities may sometimes be accompanied by salient and unique dissimilarities).) But, whether or not such similarity might suffice as a ground for actually reversing a trial court’s factual finding that a prima facie case was refuted by State explanations, it certainly sufficed here to form part of the prima facie case in the first place. See People v. Harris (1989), 129 Ill. 2d 123, 180 (similarities reflected in prima facie case entitled to great weight in evaluating State’s explanations); People v. McDonald (1988), 125 Ill. 2d 182, 199-200 (similarities .reflected in prima facie case made State explanation inadequate).

We judge, after carefully examining the record, that defendant made a prima facie case of purposeful discrimination under Batson and that the trial court’s contrary finding was against the manifest weight of the properly considered evidence. Our opinion is fortified by observing that the court failed to maintain a clear separation between the process of assessing a prima facie case and the process of weighing the State’s proffered explanations. Rather, the court plainly considered the State’s explanations, meager as they sometimes were, when initially determining whether a prima facie case had been made. Cf. People v. Mahaffey (1989), 128 Ill. 2d 388, 407-09, 414 (prima facie case and explanations intermingled, but, rather than relying on explanations, trial court based prima facie determination on its own systematic review of stricken black venire members’ characteristics to assess independently their heterogeneity and their comparability to stricken white venire members).

C. NEGATING THE PRIMA FACIE CASE

Having determined that defendant made a prima facie case under Batson, we now turn to a review of the trial court’s implicit finding that the State’s explanations negated any inference of purposeful discrimination.

In so doing, we are conscious that the State’s explanations must first be clear, reasonably specific, legitimate, and nonracial in order to dispel the presumption created by the prima facie case (Batson, 476 U.S. at 98 n.20, 90 L. Ed. 2d at 88 n.20, 106 S. Ct. at 1724 n.20); that the trial court’s effort at evaluating those explanations must then be sincere and reasoned in order to support a finding on the ultimate discrimination issue (People v. Harris (1989), 129 Ill. 2d 123, 174-75); and that ordinarily we should give great deference to the trial court’s findings of fact on purposeful discrimination (Batson, 476 U.S. at 98 n.21, 90 L. Ed. 2d at 89 n.21, 106 S. Ct. at 1724 n.21; Harris, 129 Ill. 2d at 175).

Defendant contends that the State should be held to its original contemporaneous attempts at explanation rather than being allowed to supplement its original record with additional, post -Batson rationales. For analytical purposes, we shall attach no importance to the mere fact that some of the State’s explanations came years after others were offered. We disregard this temporal disparity for several reasons. The prosecution was laboring under a lesser, pre-Batson burden at the 1982 hearing and thus had less incentive to develop a full record of its reasons for exercising peremptory strikes. The prosecution was called upon to do so without the benefit of a transcript or preparation time. And, since assessment of the prosecution’s reasons largely resolves to a question of credibility, which the trial court is in the best position to judge, we defer to that court’s decision to believe the prosecution’s statement of reasons unless we find that the trial court’s finding of no purposeful discrimination was against the manifest weight of the evidence.

Gay. The prosecutors originally could not remember venire member Gayle Gay or why they had challenged her earlier in the day, but the trial judge offered that he would have done so because she was “a young black lady about the same age as the defendant.” Five years later, one of the prosecutors said that Gay’s having been the victim of an unsolved felony was “the first thing that came to our mind” and that her challenge was primarily because of that fact. The prosecutor added that Gay had initially appeared to say that the unsolved crime might affect her impartiality, and that, despite her quick self-correction, the State had still been concerned. The prosecutor also argued that the State had peremptorily challenged five nonblack venire members for similar crime-related reasons.

Although defendant urges that the strikes of the black venire members should properly be compared to nonblack members who were accepted, rather than to nonblack members who were rejected, we believe that in appropriate circumstances either mode of comparison could properly be employed by a trial court in reaching its ultimate finding on purposeful discrimination. Compare People v. Harris (1989), 129 Ill. 2d 123, 180 (comparison of rejected with accepted should be given “great weight”), and People v. Young (1989), 128 Ill. 2d 1, 23-24 (discussing comparison of rejected with accepted), with People v. Mahaffey (1989), 128 Ill. 2d 388 (comparing rejected blacks with rejected whites), and Ex parte Branch (Ala. 1987), 526 So. 2d 609, 621-25, 626 n.13 (rejected-accepted and rejected-rejected comparisons may be proper under Batson). See also People v. Hall (1983); 35 Cal. 3d 161, 168-69, 672 P.2d 854, 858-59, 197 Cal. Rptr. 71, 75-76 (comparing rejected with accepted); Hall, 35 Cal. 3d at 171-73, 672 P.2d at 860-61, 197 Cal. Rptr. at 77-79 (Bird, C.J., concurring) (recognizing that rejected-rejected comparisons may be proper if State actually shows that comparison groups were similarly situated and were rejected on identical or comparable grounds); People v. Johnson (1989), 47 Cal. 3d 1194, 1220-21, 767 P.2d 1047, 1056-57, 255 Cal. Rptr. 569, 578-79 (disapproving a reviewing court’s “undue emphasis” on its own cold-record rejected-accepted comparison, limiting the detail required in trial courts’ rejected-accepted comparisons, and allowing trial courts to make both rejected-accepted and rejected-rejected comparisons). But see Tompkins v. State (Tex. Crim. App. 1987), 774 S.W.2d 195, 202 & n.6A, aff'd by an equally divided Court (1989), 490 U.S. 754, 104 L. Ed. 2d 834, 109 S. Ct. 2180 (O’Connor, J., not participating) (rejected-accepted comparison would have been highly relevant); State v. Slappy (Fla. 1988), 522 So. 2d 18, 22, aff'g Slappy v. State (Fla. App. 1987), 503 So. 2d 350 (rejected-accepted comparison); Gamble v. State (1987), 257 Ga. 325, 328-30, 357 S.E.2d 792, 795-96 (same); State v. Butler (Mo. App. 1987), 731 S.W.2d 265, 271-72 (same); State v. Gilmore (1986), 103 N.J. 508, 511 A.2d 1150 (preferring rejected-accepted over rejected-rejected comparison).

In the present case, the trial court chose to credit the State’s comparison of rejected black venire members with nonblack members who the State said were rejected for similar reasons. Defendant sought to distinguish these nonblack venire members from the five black members whose challenges he attacks as discriminatory. The State claimed that it challenged all these nonblack and black venire members because they had all had experiences with crime. Of course, defendant could not directly show that the State’s cited reason for challenging the nonblack members was not the State’s true reason, and as the judge of credibility the trial court accepted the State’s explanation.

It is undeniable that Gay was of about defendant’s age and that her answer to a question on impartiality could sincerely, even if mistakenly, be construed as equivocal. Defendant contends that it would be more probative to compare the excluded black venire members with allegedly similar nonblacks who were accepted by the State. However, we cannot say that the manifest weight of the evidence dictated a decision contrary to the trial court’s implicit conclusion that the State had articulated a credible, legitimate, specific, nonracial explanation for challenging Gay and that defendant had failed to prove purposeful discrimination by the preponderance of evidence.

The trial judge’s own 1982 reference to Gay as being “black” and a “lady,” no matter how inappropriate or how suggestive of improper considerations, cannot actually be presumed to have played a part in the court’s 1987 assessment of the prosecutors’ credibility in explaining why they challenged her. Even though the trial judge had volunteered that Gay’s race, sex, and proximity in age to defendant’s age were reasons that he might have challenged her, he had at least arguably been attempting merely to refresh the prosecutors’ recollection of Gay. In any event, regardless of how we might decide a matter if we sat as a court of first instance, we cannot on review substitute our judgment for the trial court’s when we cannot find the judgment of the latter to be against the manifest weight of the evidence.

Franklin. The State explained its challenge of Kenneth Franklin by derogating his brief employment history; by saying that he could hardly talk to, look at, or understand the court; and by stating that he was a young, unemployed, single man of about defendant’s age and without community roots. These explanations were facially legitimate, specific, and race-neutral, and again we cannot say that the trial court decided against the manifest weight of the evidence in finding such State explanations credible and preponderant.

Defendant argues that two jurors or alternates were also unemployed, but a large number of factors can enter into decisions to exercise peremptory challenges that are not susceptible of point-for-point comparison with decisions not to exercise them. “If a prosecutor excused one person and not another it does not follow that this in itself shows that the prosecutor’s explanations were pretextual.” (People v. Young (1989), 128 Ill. 2d 1, 23.) An unemployed venire member’s 20 years of residence with an unemployed mother do not automatically equate with “community roots”; even though unemployment is not necessarily rootlessness, employment may rationally be viewed as the chief or only substantial form of “community roots” in some individual situations. Moreover, the trial judge was present and saw Franklin’s demeanor prior to deciding the credibility of the State’s explanation citing that demeanor.

Buckley. Despite the State’s apparent confusion over whether Buckley or his brother was a drug counselor, either fact would clearly be a legitimate, specific, race-neutral reason for challenging him. Once again, it was the trial judge’s role to pass on the credibility of the State’s explanation that the occupation of drug counseling was its reason for challenging Buckley. Defendant does not and cannot say with confidence that the drug-counseling connection was immaterial to the State’s decision to challenge Buckley. Neither can we.

Bartlett. Some of our comments about the demeanor-based challenge of Franklin might apply equally to the challenge of Bartlett. In addition, she gave an equivocal answer regarding membership in a group that at one point she called “Defenders.” The trial court had discretion to decide that the State credibly cited these facts in explaining why it challenged her and that the State’s explanations preponderated over any prima facie case on defendant’s part.

Wadley. With or without a factual basis, the State represented that it had reason to believe that a certain witness could be found near or in the building where Wadley lived. When this representation was first made, defense counsel voiced no contemporaneous disagreement with it. If credible (as the court found it to be), this was a legitimate, specific, and race-neutral explanation, especially when coupled with the additional fact that Wadley’s age was similar to defendant’s.

In sum, regarding these five black venire members, the trial court’s finding of no purposeful discrimination cannot be said with confidence to be against, the manifest weight of the evidence.

We recognize that the Baisoro-related procedural irregularities in this cause, and a certain paucity of analysis in the trial court’s treatment of the Batson issue, are related to the fact that these proceedings spanned the pre- and post -Batson eras at a time when Batson requirements were less clear than today. Thus, as post-Baison jurisprudential and prosecutorial standards evolve to matu