[Peace-discuss] report of Tuesday morning proceedings in Thompson case

[Randall Cotton]

Keep in mind that there is a ucimc.org thread on this topic with
information from yesterday's proceedings as well. Additional posts will be
made throughout the week as the case proceeds. The thread's title is "May
12: Third Trial of Black Activist Patrick Thompson Set to Begin" and is
listed on the left side of the page under "Local Interest".

Today's proceedings began with 27 prospective jurors seated in the
courtroom benches (10 white males, 15 white females and 2 black females).
Seated in the juror section were the 4 from the jury pool that were being
questioned yesterday as the court adjourned, 1 white female and 3 white
males. 2 of them (a white female and a white male) had already apparently
already been accepted as jurors - only the remaining two white males (one
college age, one middle-aged) were being questioned as proceedings began.

Judge Harry Clem presiding.

Prosecutor Michael Vujovich present

Attorneys Robert Kirchner, Ruth Wyman present with Patrick Thompson

About 10 folks watching from the benches.

Questioning by Kirchner continued...

Kirchner rejected the middle-aged man after questioning. The prospective
juror replacing him (#95, white female) was rejected by Judge Clem due to
professional relationship with State's Attorney Julia Reitz. The
prospective juror replacing her (#1, white male) was rejected by Judge
Clem due because of a religion that has a basic tenet against "sitting in
judgment of other people". The prospective juror replacing him (#123,
white male) was rejected by Kirchner after questioning. The prospective
juror replacing him (#48, white female) was rejected by Kirchner after
questioning. The prospective juror replacing him (#66, white male) was
rejected by Judge Clem again due to a religion that has a basic tenet
against "sitting in judgment of other people". The prospective juror
replacing him (#111, white female) was accepted by Kirchner (along with
the young man already seated at the start of the day's proceedings.

Questioning was then turned over to Prosecutor Vujovich, who accepted both
the young man and white female juror #111.

During Vujovich's questioning of each prospective juror, he notably states
there is absolutely no physical evidence and asks jurors whether they can
render a verdict based solely on verbal testimony.

The current group of 4 total now-accepted jurors then joined the 4 other
already selected sequestered jurors.

4 new prospective jurors were called  (#11, #54, #60, #89) all white
males. Vujovich accepted all 4 after questioning. Kirchner rejected #11
and #54. #11 had been notably jovial and flippant. The prospective jurors
replacing them were #112 and #62, both white males. Both were accepted by
Kirchner after questioning, but #62 was rejected by Vujovich. The
prospective juror replacing him, #46 (white female) was accepted by both
Vujovich and Kirchner. These 4 accepted jurors then joined the
already-selected 8 jurors to fill out the 12 total jurors required.

Then selection of 2 alternate jurors proceeded. The first two prospective
jurors were #78 and #119, both white females. #78 quickly admitted bias
due to prior life experience and was excused by Judge Clem. The
prospective juror replacing her (#26, white female) was accepted along
with #119 by both Kirchner and Vujovich.

The alternate jurors joined the 12 other jurors.

10 jurors were left seated in the benches and were dismissed by the judge.

The full jury and alternates were escorted into the courtroom and seated
in the jury section. There were 7 white males and 5 white females on the
jury proper. The two alternates were white females.

The jury was formally sworn in.

The judge advised it was inappropriate for anyone to approach them about
the case, that they should disengage if this happens and that it should be
reported. The judge advised that they are not to talk about the case with
each other until all evidence and law instructions are heard.

Court recessed just after noon and was scheduled to start again at 1:30PM
with jurors and attorneys to report 1:15PM.

The judge advised court watchers to limit foot traffic and that if they
left, they will have to wait outside until a break in the proceedings,
citing the concern is with the noisy doors which are distracting.

Questions
----------

Questions asked of prospective jurors by Judge Clem included:
- you, your family or close friend have any involvement with  anyone in
the Attorney General's office, State's Attorney's office or any other
office regularly representing the people?
- you, your family or close friend have any involvement with law
enforcement?
- do you know the defendant?
- do you know the defendant's attorneys?
- do you know any of the announced witnesses?
- have you previously learned any fact of this case?
- do you understand that the defendant is presumed innocent, that the
burden of proof is entirely on the prosecution, that the burden of proof
is beyond a reasonable doubt, that the defendant is not required to
present any evidence or required to testify, that you are to sign for a
guilty verdict only if evidence presented leads you to conclude guilt
beyond a reasonable doubt? Do you support these principles?
- anything about the nature of the case make you uncomfortable being a
juror or would put you in a frame of mind where you could not be fair and
impartial?
- anything you can think of that would result in advantage or disadvantage
to either side?
- anything that would cause you to evaluate evidence or testimony from one
side differently?
- anything you've left behind that would distract you or keep you from
giving full attention to this trial for the rest of this week?
[if there's an affirmative answer to any of the above questions, other
questions are asked to clarify nature of any bias]
[some additional questions are based on how they filled out a juror
questionnaire]

Questions asked of prospective jurors by Prosecutor Vujovich included:
- do you have any children? how old?
- there will be no physical evidence in this case. Can you render a guilty
or not guilty verdict based only on testimony of witnesses?
- anything about the nature of the charges make you uncomfortable?
- do you have any preconceived opinion on the case?
- will you have an open mind, listen to the evidence and make a decision
accordingly?
- will you make your judgment based on your experiences in life?
- have you, your family or a friend ever been the victim of a crime?
- [if answer to above question is yes] Were they injured? Have you formed
an opinion of the police, court or prosecutor's work in that case?
[some additional questions are based on how they filled out a juror
questionnaire]

Questions asked of prospective jurors by Attorney Kirchner included:
- what news sources do you use?
- do you read any local Internet blogs?
- have you had any education in law or medicine?
- Is there anything about the nature of the case - the type of allegation,
the fact that one side is black and one side is white or that one side is
male and one side is female that would factor in your evaluation of
credibility of individuals or the evidence?
- Are you familiar with VEYA or CU Citizens for Peace and Justice?
- Are you familiar with Sunnycrest Apartments?
- Do you have any opinion on whether allegations like this are usually
true or not?
- Have you ever been wrongfully accused?
- do you ever play the role of interviewer to determine credibility of or
to judge an individual?
- have you testified before in court cases?
- are you involved in any pending cases?
- what charitable organizations do you contribute to or volunteer for?
- do you bring to the jury any special beneficial knowledge or experience?
[some additional questions are based on how they filled out a juror
questionnaire]

Scheduling notes:
------------------
At one point, Judge Clem assured juror #26 that the trial would not last
past the end of the week.

It seemed that Judge Clem routinely makes it a point to try and recess for
lunch near noon for about an hour and 15 minutes.

Judge Clem also reiterated that he firmly aims to end proceedings each day
4:30PM at the latest, but that once deliberation by jurors begins, they
may choose to stay after that.