Four months ago, after three weeks of jury selection, Superior Court Judge Mary Staley Clark determined Justin Ross Harris could not receive a fair trial in Cobb County.
The process started anew Monday at the Glynn County courthouse in Brunswick, about 300 miles from metro Atlanta, and moves into its second day today.
But 19 of the 36 jurors questioned by the judge Monday said they have formed and/or expressed an opinion about Harris' guilt or innocence. An additional eight jurors said they were familiar with the circumstances surrounding the tragic death of Cooper Harris. Prosecutors say his father intended to kill him; lawyers for the 35-year-old former web developer say he thought he had dropped his son off at daycare.
Here are five things to know about the second attempt at finding an impartial jury for Harris.
1. Get me outta here!
Thirty-four jurors sought to be dismissed from the jury pool on Monday, citing hardships. Less than half of those requests were granted. One man, whose pregnant wife was about to be put into induced labor, was instructed to report at a later date. Another juror, who said her trip next month to Dollywood had been booked a year ago, was excused.
2. Twelve faster than one?
Prospective jurors will be split into panels of 12 and questioned, collectively, by attorneys for both sides. Those who say they’re familiar with the case, or have fixed opinions or some other potential conflict, will be called back and questioned individually. In Cobb, every potential juror was interviewed individually, a process that took an hour per person on average.
3. Minds already made up
In Cobb, 44 of 85 citizens questioned for the Harris jury said they were convinced of his guilt. It’s unknown what conclusion has been reached by those prospective jurors from Glynn who said they have formed an opinion. In Cobb, none of those who said their minds were made up believed Harris was innocent.
4. Jurors likely to be parents, retirees, or both
Almost 20 percent of Glynn County residents are retired, according to the U.S. Census Bureau, and the potential Harris jurors called so far reflect that. Nine of the 36 questioned Monday were retirees. Seventeen were parents.
5. How is that pronounced?
If you’re following the trial you’ve likely heard the term “voir dire,” correctly pronounced (VWAR DEER). Or VORE DYE-ER if you’re Southern, Staley Clark said Monday.
It’s perhaps easier to define than to pronounce. In Old French it translated “to speak the truth.” (In new French, it simply means, “to see, to say.”) In American jurisprudence, it defines the process of examining the panel of jurors. Attorneys use it to get a feel for the personalities and perspectives of the panel.
The judge may dismiss potential jurors for cause while attorneys are given a limited number of “peremptory” challenges allowing them to strike someone without stating a reason.
Two weeks have been allotted to pick a jury this go around. The trial will be in recess during the last week of September.
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