The prosecutor in the case, Joe Gutmann, decided to retry the case. This time, Gutmann used his peremptory challenges to exclude all four of the Black jurors who showed up in the jury pool. Batson was actually present at the voir dire when the potential jurors were being questioned. He told his lawyer to object to Gutmann’s discriminatory use of his challenges. The lawyer said there was nothing he could do, and Batson, famously, told him to “object anyway.”
