Questioning of the first set of prospective jurors in the Ross Harris murder trial on Wednesday produced exactly what the court was concerned about: a stream of citizens who know about the case and have already formed an opinion about it.
Eight potential jurors, from a pool of about 250 who answered a summons to the Cobb County Courthouse, were interviewed Wednesday. All were familiar with the tragic particulars of the case: that 22-month-old Cooper Harris died after his father locked him inside his sweltering SUV in June 2014.
“Whether it was predetermined or truly an accident the baby still died in the car,” said one of the prospective jurors, an insurance adjuster and grandfather. “To me there’s more to the story than just … forgetting. At this present moment I’d have to say he’s guilty.’
Even those citizens who said they could remain open-minded acknowledged that they start with a bias against the former web developer.
The last potential juror interviewed, a salesman, was the most charitable to Harris, saying that he believed he was guilty at the time of Harris’s arrest. Now, he said, he thinks the defendant is “probably guilty.”
Asked whether he could be an impartial juror, he replied: “I’d like to think that I could be. I’m not 100 percent sure.”
So far, he appears the most likely citizen to remain in the pool.
Questioning resumes Thursday. Cobb Superior Court Judge Mary Staley said that after every 12 jurors are questioned, attorneys for both sides will be allowed to move to strike some or all of the 12 “for cause.” This means a person is unsuited to serve for some reason; for example, he is certain Harris is guilty, or she believes anyone who hurts a child should be executed.
“It’s not too difficult to pick a jury unless everyone has formed an opinion,” said Dunwoody defense attorney Esther Panitch, who is not affiliated with the Harris case. “Usually, questions are asked once to the full array of jurors rather than one by one. Since the questions have been so sensitive, like have you committed adultery or watched pornography, it is unlikely that if the lawyers asked the whole panel about the affair … or about pornography, that anyone would tell the truth.”
Of 375 citizens who were summoned for the Harris trial, roughly 250 showed up, said Cobb County court administrator Tom Charron. It’s unlikely all of them will be questioned.
Panitch said Staley needs only 32 jurors who have not been struck for cause. That accounts for 12 jurors, two alternates and nine “peremptory” challenges afforded to each side.
Already two prospective jurors have begged off. A woman whose husband works for Home Depot, Harris’ employer until his son’s death, said she “does not wish to see more details” about Cooper’s death.
An ex-Marine and independent contractor, one of the few who said he has not made up his mind about Harris’ innocence or guilt, said that the trial, expected to last at least two months, would impose a major financial burden.
For continuous updates on the Harris trial, follow @ReporterJCB on Twitter.
About the Author
