A pause.

“And he’s black,” the juror said.

Friend said the racist comment “came out of nowhere” — leading Friend to believe the juror’s words were at least as much the product of desperation as discrimination.

“I think it was his attempt to throw everything at the wall to get out of jury duty,” Friend said.

It worked — in the worst way.

Friend immediately informed Ashford of the juror’s comments. The judge ordered the juror to report Thursday morning.

Before the trial resumed, the judge asked the rest of the jurors whether they had heard fellow jurors or anyone else talking about the case. No one said they had.

Ashford then questioned the juror in his chambers — and lit into him.

The judge noted that the U.S. Constitution requires two things of most citizens: to submit to a draft in times of war and to serve on a jury.

Ashford motioned toward McKenney, noting that the prosecutor had served in the Army.

“He was in Vietnam,” the judge said, according to those present. “And you mean to tell me you can’t serve on a jury for one more day?”