Pending trial may include racial bias questions
HOLLIDAYSBURG — A Blair County defense attorney is asking a judge to outline rules for questioning a group of prospective jurors about their racial biases, which he thinks will affect his client in an upcoming case.
Public Defender Mason Rogers, who represents Robert J. German of Altoona, a Jamaican national of African descent, is seeking greater leeway than generally pursued during the jury selection.
President Judge Wade A. Kagarise, who is presiding over German’s case when it goes to trial, is expected to address Rogers’ requests in preparation for jury selection on April 21.
Altoona police charged German in August 2023 with several sexual assault offenses, including rape of an unconscious person.
The charges developed from allegations a woman made in March 2023, when she told police she recalled waking up naked with a Black man beside her bed, after an evening that started at a local bar with friends.
While the woman told police she didn’t know the man’s name, she spoke of having met a tall Black man with a Jamaican accent and dreadlocks at the Kettle Inn. He was subsequently identified as German.
Rogers said in court Wednesday that German has a distinctive Jamaican accent. His accuser is described as white with mixed heritage and local ties.
First Assistant District Attorney Nichole Smith told Kagarise that she expects German’s case will focus on a lack of consent and not race.
“The Commonwealth doesn’t intend to make race the basis of whether or not the charges are more or less likely,” she said.
In a motion, Rogers suggested asking prospective jurors to disclose personal beliefs they may have of race or ethnicity and how that might affect their evaluation of testimony and evidence.
Rogers suggested putting some questions on the jury questionnaire that is mailed to the jurors for completion at home. He also suggested presenting follow-up questions in court, but with arrangements for jurors to answer discreetly so they don’t have to reveal their biases to others.
In light of Rogers’ request, Kagarise removed German’s criminal case from Monday’s selection of juries for upcoming trials.
Mirror Staff Writer Kay Stephens is at 814-946-7456.




