Racism Is Alleged in Drug Trial : Jurisprudence: Attorneys to present evidence that one juror was predisposed to convict Henley and four others.

Defense attorneys today expect to present a federal judge with statements from two jurors in the Darryl Henley cocaine trafficking trial who contend that a third juror was predisposed to convict the former Rams football player and his co-defendants from the outset of the trial because of their race.

The new information, which will include additional details of an alleged $50,000 bribe offer to a juror, is expected to lead to a defense request for a new trial, according to sources close to the case.

The defense, which will claim the third juror made repeated racial slurs early in the trial, also is expected to ask U.S. District Court Judge Gary L. Taylor to delay Henley’s June 12 sentencing. The cornerback faces a minimum 10-year prison sentence following his conviction March 28 on drug conspiracy and possession charges.

Juror Bryan Quihuis and Michael Malachowski, who was a juror for three weeks before being released from the case, have told investigators that, contrary to the judge’s instructions, the third juror repeatedly discussed the case while carpooling with them to court.

In a signed, sworn statement given to defense attorneys April 11, Malachowski claimed that two weeks into the case, the third juror said he thought “all the (defendants) were guilty,” using a common racial slur for African Americans. Malachowski said the third juror referred to the four black defendants in that manner on a regular basis. A fifth defendant, Ralph Bustamante, is not African American.

Quihuis, who met with defense investigator Jerry Mulligan April 20, said he, too, had heard the third juror make racist remarks, according to a transcript of that conversation.

The third juror, who has yet to meet with defense investigators, denied ever discussing the case with Malachowski or Quihuis, and also denied making any racist comments in an interview Saturday evening outside his home.

The third juror said he voted to convict Henley and the other defendants based on the evidence presented.

Assistant U.S. Atty. Deirdre Z. Eliot said Sunday that government prosecutors had not yet received information from the defense about the allegations and could not comment on them.