by the defense were minorities. five of them were african-american. two were latino. the prosecution did raise a challenge, challenging the striking of the jurors based on race and after hearing the explanations offered by the defense dropped it. so we don't know -- >> just to be clear, that is named for the plaintiff in a supreme court case in which the supreme court ruled it's unconstitutional to use race solely as the means of getting rid of a juror. after batson, lawyers are able to give a nonreasonable reasoning for their strike. >> people get around it all the time, both defense and prosecutor. it sounds nonracial, not explicitly racial so judges allow it. in the retrial, this needs to be looked at. the population is 47% african-american in charleston and 35% african-american. there shouldn't have been only one african-american on that