Can a deaf black lesbian charged with murder get a fair trial?

Does your answer change if you learn the trial is in South Dakota? How about if she's up for the death penalty?

From the March 6 article in the Argus Leader of South Dakota:

[Daphne] Wright, 43, was indicted in February 2006 on kidnapping and first-degree murder counts in the disappearance of 42-year-old Darlene Vander-Giesen of Rock Valley, Iowa.

Vander-Giesen's body was dismembered, and searchers spent days at a landfill west of Sioux Falls searching for her body parts. Some human remains also were found in a ditch in Minnesota....

Wright's minority status as deaf, black and homosexual have been considerations in pretrial motions and have brought national attention to the case.

Ricky D. Taylor, a deaf Washington, D.C., blogger who runs RidorLIVE.com, said by e-mail that he's received several e-mails about Wright's case. He said it's of particular interest on the East Coast, where Wright used to live.

Taylor said he's interested in the makeup of the jurors and would like to see a deaf person among them.

"As much as the crimes are heinous to us all, I am concerned about the jury selection. For one, Daphne is (a) woman, lesbian, deaf and African-American. Will she be fairly judged by her peers in the state of South Dakota? In my opinion, I doubt that," he wrote.

Courtroom discussion over the methods used to make sure Wright has adequate interpretation of court events has already been extensive:

Wright's deafness has necessitated as many as five American Sign Language interpreters to be in court at a time.

The weeks leading up to Monday's start of jury selection have featured lengthy pretrial testimony and argument about what else should happen to guarantee Wright a fair trial.

[Judge Brad] Zell already had granted a defense motion that in-court translation be videotaped and reaffirmed it Monday after hearing new arguments. The defense wants the recording to make sure what is being signed to Wright is the same as what witnesses are saying.

[Minnehaha County State's Attorney Dave] Nelson argued in court Monday that other steps the court has already taken will ensure a fair trial and that the video would draw out the appeals process if Wright is convicted.

"I don't think the state or county should have to bear this really remarkable expense," he said, assigning an $80,000 price tag to the argument.

Assistant public defender Traci Smith insisted it's crucial that the court record is accurate.

She noted that the chosen company, Midwest Litigation Services, would charge the county $60 per hour, which for a 30-day trial at eight hours per day is less than $15,000.

From ABCNews coverage:

Prosecutors say Wright got caught up in a whirlwind of lesbian drama which drove her to commit murder. The motive was jealousy. Wright says VanderGeisen, who was heterosexual, was trying to break up her lesbian relationship with a woman identified as Sallie Collins, a close friend of the victim. The two reportedly had a heated argument over the relationship shortly before the murder took place.

While prosecutors are talking about the "whirlwind of lesbian drama" others are discussing the very real complications of providing adequate ASL interpretion in real time in the courtroom of complex legal issues:

Professor Jeff Braden, an expert in deafness and development, says that Wright should not face the death penalty, even if an ideal interpreter were available. "She is at more of a disadvantage than, say, if you or I were arrested and taken to court in Pakistan, where we'd be at the mercy of a court interpreter. Having an interpreter still doesn't change the fact that deaf people don't have a native language."

The problem, Braden says, is that it is not uncommon for a woman like Wright — deaf since early childhood and born to hearing parents — to get a late start in her exposure to language. In those critical early years, Braden says, critical communication skills are lost.

"There are a number of barriers that deaf people face that would put them at a severe disadvantage in a legal proceeding. … She'd be at a significant disadvantage, even with an interpreter." Braden told ABC News.

"Battery or manslaughter may be signed the same way. An individual is not getting info they need because American Sign Language doesn't [those symbols]," Braden added. He also notes that tone of voice and other nuances that convey meaning in the courtroom would get lost in interpretation.

Other disability and Deaf activists fear any special concerns given to Wright because of her deafness would signal that Deaf people are not responsble for their actions or capable of participating in society as equals. Of course, the death penalty eligibility complicates everything, not only raising the stakes but adding a level of legal complexity.

And there's this, from a March 7 article by Keloland television:

[Public Defender Jeff] Larsen pointed out that Wright is the only african american in the courtroom. He asked the all white jury panel about race. Although some acknowledged race issues have made them uncomfortable at some point in their life, all potential jurors said race won't be a factor in how they find the verdict. Jurors answered the same way when asked questions about Wright being a lesbian.

So, no black or deaf people on the jury, for sure, it seems. Any gay folks? Can this be fair under these circumstances?