Tuesday, January 09, 2007

4 Alternates Selected

The four alternates (two men, two women) were selected late this afternoon. That means Wednesday (originally scheduled for more jury selection) will be an off day. Opening statements will begin at 9:30am Thursday followed by the first witness testimony.

The Lighter Side

Attorneys and the judge are effectively conveying the magnitude and seriousness of this case. Still, there have been a few chuckle-worthy moments today:

-Judge Michael Dwyer asked potential jurors if they had ever served as a juror before. If they said "yes", he asked them to name the judge of that trial. No one could answer. "They never remember the judge!" Dwyer said.

-Prosecutor Kurt Hameline, who admitted knowing little about casino gambling, asked a juror to describe her job of "cage cashier". The potential juror responded by saying it's the position that handles all the financial transactions on the casino's gaming floor. Without missing a beat, Hameline then gestured toward his co-counsel and said, "You ever see Mr. Hernon there?"

8 More Jurors Added

There is light at the end of the tunnel. Surprisingly, 8 more jurors were added after round 2 of the questioning process. That brings our total number of jurors to 12 (9 women, 3 men). These people will make up the jury. Attorneys and the judge are now seeking the 4 alternates (approximately 83 potential jurors remain in the pool). It is quite possible now that the jury selection process will be complete by the end of the day. Opening statements, however, will still take place as scheduled on Thursday morning.

Day Two - Observations

Some other observations to consider while prospective jurors are on a 75 minute lunch break:

-Fairness and impartiality are (expectedly) of the utmost importance. Attorneys and the judge are going out of their way -sometimes repeating phrases or questions multiple times- to hammer this point home.

-Defense attorney Rebecca Wittman frequently whispers comments to her client, John Healy. Healy has appeared attentive and interested in the proceedings.

-The 46 witnesses expected to be called for testimony during the trial include, but are not limited to: Members of the New Hartford Police, Utica Police, Oneida Co. Sheriff's Department, 911 dispatchers, EMTs, and employees of Lennon's W.B. Wilcox Jewelers.

-Judge Dwyer reminded potential jurors that they should NOT be thinking, "I don't know if John Healy is guilty or not guilty because I have not heard the facts." He said they MUST presume he is not guilty.

-Wittman asked the first round of 16 potential jurors how many actually WANTED to be on this jury. She was surprised when many of them raised their hands to indicate 'yes'.

-When the first round of 16 was cut down to 4 jurors seated for the case, there was an audible groan from the 100 remaining potential jurors. They know this is going to be a long process. Round 2 (which will repeat the process that we saw this morning) begins at 2:00. Several more rounds are anticipated.

Check back often for more updates.

UPDATE: 4 Jurors Selected

After the first round of questioning...4 jurors have been selected. Judge Michael Dwyer says this is a little below average for the first round. There are still another 100 potential jurors remaining. The judge said expect another 6 rounds of questions from the lawyers and answers from the potential jurors.

Attorneys Begin Questioning

Lawyers for both the prosecution and the defense have started addressing and questioning the potential jurors in the John Healy Trial.

The Prosecution

  • Assistant District Attorney Kurt Hameline asked the potential jurors to use common sense and life experience to determine credibility of witnesses.
  • Hameline also spoke about the definition of the word opinion and instructed the potential jurors to forget all their previous opinions of this case.
  • Hameline asked the potential jurors to promise not to speculate and to base their decisions on the facts of the case.
  • The prosecutor also challenged jurors to follow the law even if they think the law is wrong.

The Defense

  • Defense attorney Rebecca Wittman started questioning the prospective jurors just before noon time. She started by asking them personal questions about their jobs and experiences based on answers they gave in a survey filled out Monday. Right now she is continuing this process.

Day 2 - Afternoon Session

-- A new round of 16 potential jurors are being asked questions about jobs by Asst. District Attorney Kurt Hameline.

-- One potential juror seems likely to be excused to do reasons that include not being "very good" at judging people, according to her own statement.

-- Hameline wants the potential jurors to promise that they will make their decision according to the law, even if they disagree with the law. In this case, the law stipulates that a suspect can be charged with murder if his actions are proven to be connected to the death of another. John Healy is not considered the gunman in this case, but is accused of being involved in the jewerly store robbery that led to New Hartford Police Officer Joe Corr's death.

Jury Selection - Day 2

NEWSChannel 2's Andy Jenks reports on the jury selection in the trial of John Healy, as it enters its second day.

-- Five jurors were excused today for reasons of either having been convicted of a prior crime or that they could not be fair or impartial.

-- Potential jurors are being questioned 16 at a time by Judge Michael Dwyer in a slow and detailed process. Judge Dwyer is asking questions such as:
<> Is anyone uncomfortable listening to a murder trial?
<> Do you know any of the 46 witnesses? (Dwyer proceeded to read all the names)
<> Has anyone sat on a criminal or civil jury before?

-- Healy is appearing before the jurors in a button down shirt and khaki pants. He is not handcuffed but is being surrounded by at least three guards at all times.

-- Potential jurors are returning from a five minute break and will be questioned by the defense and prosecution.