PRE-TRIAL/Jury selection first order of business

PRE-TRIAL/Jury selection first order of business

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Selecting a 12-person jury and four or more alternates will be the first item of business Monday as the triple murder trial of Edgar Ray Killen gets under way at 9 a.m. in the courthouse.

Voir dire, an Anglo-French term meaning “to speak the truth,” is the process by which prospective jurors are questioned about their backgrounds and potential biases.

Circuit Court Judge Marcus Gordon ordered that over 300 jury summons be mailed or hand served by law enforcement in an effort to ensure an impartial jury which represents a cross section of the community could be seated.

The initial pool of prospective jurors drawn for the trial is subpoenaed to be at the courthouse Monday at 9 a.m while a supplemental pool, ordered later by the judge, is to report Tuesday at 9 a.m.

Potential jurors will most likely be questioned first by the judge, who might, for example, ask if they are over 21 years of age, own property in the county, if they are under the influence of alcohol or drugs, and are able to read and write.

Oftentimes, potential jurors answer the questions by a show of hands while some individuals may be called on to give a verbal response.

The judge at that point might elect to excuse some for reasons such as medical problems or personal hardships.

Those left may field general voir dire questions from the judge such as if they are related to the defendant or victims involved in the case or to any of the attorneys or if they may have formed an opinion already in the case.

Others might be dismissed at this point.

Afterwards, those remaining are questioned by attorneys from the prosecution and defense about their backgrounds, life experiences and opinions to determine whether they can weigh the evidence fairly and objectively.

The names of those remaining are then put into the jury wheel, randomly drawn out one at a time and listed in chronological order for consideration.

At that point, the attorneys and judge retire to chambers for the final voir dire process.

Some prospective jurors on the list may be dismissed for cause by the judge. He might feel that one or more exhibited a bias for or against one of the parties or had personal knowledge of the case, among other reasons.

Once the cause challenges are completed, each attorney has an opportunity to exercise 12 peremptory challenges, striking names for which no reason is required.

That process starts with the prosecution and the first four names on the list. If challenges are exercised, the person challenged is replaced by the name of the next potential juror. When the prosecution is satisfied, the same process is repeated by the defendant’s attorney. If juror replacements are made at this point, the other side gets to pass or reject the replacement. This process continues until each side is satisfied or has run out of challenges.

Once completed, the 12-person jury and alternates are impaneled and the others dismissed.

The judge is expected to sequester the jury for the duration of the trial to make sure they don’t hear about the trial from other sources, such as TV, radio, and newspapers. Jurors must base their decision solely on the evidence they hear in court.

Every effort will be made to ensure their comfort while sequestered, officials said.

Circuit Clerk Patti Duncan Lee said jurors can expect to have only limited access to television. The judge must approve all print media, such as newspapers and magazines.

Accommodations at an undisclosed location are being made and all logistical details, such as meals, are being handled as a joint effort between her office and the sheriff’s office.

Sheriff Larry Myers said information regarding where the jury will be placed and how they will be fed is being kept confidential.






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