The Sheila Dixon Trial: Stage one, jury selection, is complete

Beginning with this post, I will dissect the Sheila Dixon trial into stages, with the goal that you understand the process better. I call Stage One the jury selection process, which was completed yesterday.

A good argument can be made that this is actually Stage Two. Stage One can describe the time involving the investigation, filing of charges and pre-trial publicity. This time period is extremely important, especially in cases receiving publicity as Dixon’s trial has. It influences the jury selection, because people may form opinions by what they read or hear about the case before it comes to court. For simplicity’s sake, I will include the pre-trial period in with the jury selection process this week as Stage One.

Dixon’s attorneys, primarily Arnold Weiner, appeared publicly several times over the last several months/years to stake out Dixon’s position on various issues and the case in general. In the pre-trial phase, Weiner was seeking to influence the potential jury pool—Baltimore City residents—and their opinion of the prosecution of Dixon. By the way, I find it interesting that Dixon has seven attorneys. I can only imagine what the legal bill would be!

Several potential jurors were candid that they have already formed opinions regarding Dixon’s guilt or innocence. One of the unusual things we have already seen in this case is that the prosecution has hired a jury consultant, which indicates the importance they place on this Stage.

So, what is the actual jury selection process?

Nine hundred ninety-nine (999) people were summonsed for jury duty (the maximum allowed), with the court expecting only half to show up. Jurors answer a questionnaire, and the prosecutor and defense can see their responses. Typically, the jury sheets show name, sex, age, occupation, and zip code where they live.

Once the potential jurors come in the courtroom, each side of the case has submitted questions to the court to ask them. This process is called voir dire. The judge rules on which questions he will allow and which he will not ask. When jurors answer positively to a question, they are brought up individually to the bench for the court and attorneys to ask additional questions.

For example, one of the standard questions in a case like this would be, “Have you ever been the victim of theft?” A person indicating yes, as her answer to this question, would then be brought to the bench. The judge would ask what the crime was and, generally, the circumstances. Then, the judge asks whether in light of that experience, can the person be a fair and impartial juror, and decide this case solely on the evidence presented.

If the person says no, they are usually excused by the court. If they say yes, they go back to the general juror pool and wait for additional questions to be asked. Each side has a certain number of strikes that they can use to remove people from the jury pool without giving any reason at all. The amount of strikes is determined by the particular charge. Reports indicate that the defense used seven strikes and the prosecution used three.

So, now you have a jury seated (“jury in the box” is the expression used by attorneys). Next step in the process are pre-trial motions, like the defense motion to exclude evidence of another donor of gift cards to Dixon. The judge gives some preliminary instructions to the jury. The case is expected to last three weeks, so the judge has likely instructed the jury already not to discuss the case with anyone, and to avoid television, newspaper, and other reports about the case. There are six alternate jurors, in case jurors need to be excused for acting improperly or if someone is unable to continue serving on the jury.

With nine women and three men, most of whom are African-American, each side can see what they want to see. You can argue that women will be tougher on Dixon because these gift cards were for the needy, or maybe they will be more sympathetic to the first female mayor in the City. You could say that with a majority African-American jury, they will be unlikely to convict Dixon. On the other hand, women, men, and City residents may think that Dixon is being unfairly targeted or that she has abused the power of her position. After the case is over, there will likely be “Monday morning quarterbacking” regarding the decisions made in seating the jury. At this point, it is anyone’s guess on how the jury will act.

Court is closed today in observance of Veterans’ Day. Tomorrow, the judge will rule on any outstanding pre-trial motions. Then, the trial will begin. Next up, Stage Two – Opening Statements.

Dilip Paliath has a general law practice in Towson. For more information, see www.paliath.com.