Picking a jury is like playing chess

As jury selection continues in the Mary Winkler case in Selmer, the two sides aim to seat jurors sympathetic to their stories and theory of the case.

As I said last week, the degree of conviction will likely be determined during jury selection as it will come down to a matter of opinion once all the evidence is heard. For those wishing for an acquittal, dream on, as there?s no excuse for shooting a sleeping person to death.

I?d say, barring a jury of 12 angry women who hate all men, there?s no way she walks without some kind of conviction. Instead, the question which remains is what kind of conviction the jury will hand down.

Make no mistake, there is a big difference when it comes to how long she is in prison. A first-degree murder conviction means automatic life in prison. A conviction on second-degree murder is a 15- to 25-year sentence. Meanwhile, the conviction most Warren countians think is coming, according to a Southern Standard poll, voluntary manslaughter, carries three to six years in prison.

There are even lesser included offenses such as reckless homicide, good for two to four years, and criminally negligent homicide, one to two years. And, let me point out that jurors are not told what amount of time comes with a conviction on any of the given crimes.

Another thing to keep in mind is if she is found guilty of voluntary manslaughter or less, she could be considered for bond pending her sentencing hearing, and could also be considered for appeal bond should she want to appeal her sentence. Such bonds are generally not granted for first- and second-degree murder convictions.

So what are prosecutors and defense looking for in Selmer? There?s a jury pool of about 300 jurors to choose from, all of whom have filled out questionnaires so attorneys can have an idea of what they are dealing with when it comes to questioning the prospective jurors.

The fact the case is even being heard in the small town is somewhat of a gamble by the defense, which did not ask for a change of venue, opting to take its chances in Selmer. Once the jurors are seated, however, they will remain sequestered through the duration of the trial, even likely having Saturday sessions.

I think it goes without saying the state will want a mostly male jury which will see only a man being shot in the back while he slept. The defense will want a mostly female jury which will be more receptive to the expected claim of abuse.

However, both sides can?t get everything they want. Face it, everyone there has heard about the Winkler case and has likely formed some kind of opinion, just as they have here in Warren County. The question from the judge will be whether they can set aside what they have heard and base their decision on the evidence they hear from the witness stand.

It will be the judge first who will begin eliminating jurors for cause, meaning he feels there?s a conflict which could make them unfair to one side or the other. Next, both sides will have a predetermined number of preemptive challenges which they can use to eliminate jurors just because they want to.

New prospective jurors will continue being seated until neither side challenges the jury, a jury which will consist of 12 men and women and probably four alternate jurors. At that point, the trial will start.

As to whether each side gets what they want will come down to good gamesmanship. Picking a jury is like playing chess as you have to pick your challenges carefully, almost in anticipation of what the opposition will do.

Duane Sherrill is a reporter for the Standard. He can be reached at 473-2191 or by e-mail at [email protected].