During jury selection, the defense accused the prosecution of refusing black women, likely to empathize with Davis. The judge ruled that the defense, likewise abusing peremptory challenges, had had excluded white jurors on racial reasoning. Dismissing the first six seated jurors, then, Judge Fried declared a mistrial. A second mistrial was declared, at the request of both sides, once the new jury's only white expressed concern that acquitting Davis would subject him to harassment by police. Finally seated was a jury of ten blacks and two Hispanics.