JACKSON &8212; An appeal attorney for Jeffery Keith Havard argued to the state Supreme Court Monday morning that Havard had ineffective counsel during his 2002 Adams County trial.

The bulk of the oral arguments &8212; the first actual appearance before the court in the direct appeal process &8212; centered on two jurors Havard&8217;s attorney argued shouldn&8217;t have served on the jury because of outside prejudices. The eight justices will take Monday&8217;s arguments under advisement and make a ruling at a later date.

Havard&8217;s attorney Andre De Gruy said one of the jurors in the capital murder case had clearly stated she didn&8217;t think she could be fair on cases involving sexual abuse because a relative had been a victim of a sexual crime.

Havard was on trial for the killing and sexual abuse of 6-month-old Chloe Madison Britt. The jury found him guilty and sentenced him to death.

De Gruy said Havard&8217;s trial attorney failed to question the juror further and allowed her to be on the jury.

A second juror has signed an affidavit since the trial saying he is a supporter of the death penalty in most cases, something De Gruy said prejudiced the man against Havard.

State attorney Melanie Dotson of the attorney general&8217;s office argued that the affidavit presented from the second juror was not appropriate for a direct appeal, since she was not allowed to collect similar evidence or interview the juror.

Dotson, and several justices, said the affidavit belonged in a post-conviction hearing &8212; something that must come after a direct appeal.

Dotson argued that in the case of the first juror, the defense attorney did go on to ask four separate questions about whether jurors could be fair.

&8220;This woman has sufficiently stated that she can be fair,&8221; Dotson said. &8220;The state submits those questions were asked. It&8217;s not an error to have a juror sit on a jury that has family that&8217;s a victim of a sex crime.

&8220;Counsel&8217;s conduct did not fall out of reason. Counsel proved competent.&8221;

De Gruy argued the defense attorney had the opportunity to question the juror further, yet did not.

&8220;It&8217;s deficient performance not to ask a follow-up question and in failing to remove this juror,&8221; he said. &8220;A reasonable attorney would not be satisfied with that juror. No lawyer should have failed to ask a follow-up.&8221;

It is typical for the Supreme Court to hear appeals in death penalty cases.

During the 2002 trial, prosecutors said Britt died of shaken baby syndrome and showed signs of sexual and physical abuse. Britt was the daughter of Rebecca J. Britt of Ferriday, who was living in Adams County with Havard. Rebecca Britt has said she was away from the house the night Chloe died and returned to find her not breathing.

Havard&8217;s grandfather, William Havard, said Monday that the family still stands by Jeffrey&8217;s innocence.

About 10 Havard family members were in attendance Monday, as were several members of the Britt family.

&8220;He could have taken life in prison,&8221; William Havard said. &8220;But he wouldn&8217;t take it because he said it was the same as me telling a story. Jeff loved that baby. I know he loved that baby.&8221;

William Havard said he visits Jeffrey in prison every two weeks.