Jury selection in bingo trial begins Monday

Jury selection in bingo trial begins Monday
By Lance Griffin Media General News Service

The trial of nine defendants charged with conspiracy and bribery in relation to a failed electronic bingo bill could last more than 60 days, but some believe the course of the trial could be decided in the next three days when the jury is selected.

“Proper jury selection in white-collar crime cases can win or lose the case,” said California attorney Mitch Jackson, a senior litigation partner with the firm Jackson and Wilson. “Depending on whether you’re representing the prosecution or defense, having the right people sitting on your jury is, in my opinion, 80 percent of the work.”

Jury selection begins at 9:30 a.m. Monday at the Frank M. Johnson Federal Building in Montgomery. Potential jurors will be brought into the courtroom of U.S. District Judge Myron Thompson in panels of 25, and will be asked a myriad of questions designed to help the attorneys gain information.

However, most attorneys have already done hours of homework to learn as much as possible about the jury panel through social media and other avenues.

“As soon as they get the (jury list), I assume the lawyers will try to run back and get any information they can. You could find out if someone is a member of a particular church, all sorts and kinds of information is out there now for people that put it on their Facebook pages and other pages,” said Daniel Filler, professor of law at Drexel University and a University of Alabama Law School graduate.

Prosecutors and defense attorneys have submitted scores of proposed jury questions that should gauge potential jurors’ knowledge of the case and attitudes about certain aspects of the case, such as gambling.

Filler said a potential juror’s choice of clothing, or even accessories, could be a critical piece of information.

“They will look at things like tattoos — someone who looks distinct — maybe a person who has a tattoo that is very visible. Ragged clothing could be something. Good lawyers look at everything. Did someone bring a book or magazine in? What was it? Did they bring an iPad in?,” Filler said.

Terrence Dwyer, an assistant professor at Western Connecticut State University, who spent 17 ½ years in the Bureau of Criminal Investigation for the New York State Police, said white collar, high-profile defendants do not generally want blue-collar jurors.

“The average blue-collar guy is not going to be a sympathetic juror for politicians accused of public corruption,” Dwyer said. “Who might be? Someone who is upper middle-class, educated, possibly runs their own successful business.”

Dwyer also said conspiracy cases involving multiple defendants are difficult to follow, and can present a problem for prosecutors who often have to untangle a multi-faceted effort on the part of several defendants.

“Jurors have to be able to follow the sequence of events and apply the law given to them in the jury charge and instructions at the end of the trial,” he said. “This can be exhaustive and demands careful attention to the evidence. So, prosecutors want jurors who will follow the evidence and remain attentive. Defense attorneys will want the same, but they are looking for the most open-minded of jurors, those who will weigh the evidence but who can be persuaded. Remember, the prosecution has to build the house, the defense merely has to show some fault in the construction.”

Thompson will seat a jury of 12 with four alternates. Opening arguments will begin at the conclusion of jury selection.


Jury selection starting in Alabama's gambling corruption trial

MONTGOMERY, Ala. (AP) — Jury selection is scheduled to begin in Montgomery for Alabama's gambling corruption trial.

Attorneys say it could take two to three days to pick a jury to hear the trial of VictoryLand casino owner Milton McGregor, two of McGregor's lobbyists, state Sens. Quinton Ross and Harri Anne Smith, former Sens. Jim Preuitt and Larry Means, and two others.

A federal grand jury indicted them on bribery and fraud charges that accuse them of buying and selling votes on pro-gambling legislation.

Prosecutors say they will present many tape recordings during the trial. Some were from a wiretap on McGregor's phone, while others were made by three cooperating legislators who wore recording devices for the FBI.


Jury selection starting in Alabama's gambling corruption trial

Prosecutors say they will present many tape recordings during the trial. Some were from a wiretap on McGregor's phone, while others were made by three cooperating legislators who wore recording devices for the FBI.