By John McCann

jmccann@heraldsun.com; 419-6601

DURHAM -- Before the jury for Keith Wade Kidwell's first-degree murder trial was finalized on Thursday, defense lawyer Lisa Williams suggested District Attorney Tracey Cline was trying to stack the jury to where it was overwhelmingly white and female, which is not consistent with Durham's demographics.

Kidwell, a 25-year-old black man, is charged with fatally beating Kangaroo convenience-store worker Crayton Nelms, a white man, in February 2005. Nelms worked at the 4604 N. Roxboro St. store.

Superior Court Judge Orlando Hudson pointed out to Williams that during jury selection she had initiated the dismissal of a black, male juror. Hudson ultimately ruled that Cline wasn't misusing her challenges that allow potential jurors to be relieved of their service to the court.

North Carolina's newly passed Racial Justice Act would not be a factor in this case. The Racial Justice Act -- state Sen. Floyd McKissick Jr., D-Durham, was the primary sponsor of the legislation -- was enacted to guard against racially biased death sentences. But Kidwell is not facing the death penalty.

After Cline and Williams made legal moves aimed at getting the jurors they were after, Kidwell was left with a jury of nine white women, a white man, a black woman and a black man. Both of the alternate jurors are white women.

As she'd done in previous court proceedings pertaining to Kidwell, Williams insisted to Hudson that there is missing information in her client's file, and she put the blame on Cline.

With the jury sent out of the courtroom so the matter could be addressed, both Williams and Cline ferociously argued over the claim. Cline vehemently denied any wrongdoing and she accused Williams of stalling tactics..

"To imply once again that the state is hiding is improper," Cline said. "Every time I try to try this case, something comes up."

Hudson denied Williams' request for a continuance.