Story Created:
Sep 5, 2006 at 8:32 PM CDT
Story Updated:
Sep 5, 2006 at 8:32 PM CDT
WICHITA, Kansas -- One of the most historic trials ever to take place in Sedgwick County is scheduled to begin on Monday yet no extra jurors have been requested.
Officials in charge of the jury room don’t have any special instructions to bring extra jurors in for Monday’s court appearance. We talked to one lawyer about what that could mean.
"I’m a little surprised that this is a 31-year-old case, there’s 10 counts of first-degree murder [and] that if the trial is going to go that they haven’t summoned more jurors," said James Pratt, a Wichita defense attorney.
Only 120 summonses have been mailed to Sedgwick County residents notifying them to report for jury duty on Monday and those 120 will be used for any and all trials taking place in district court.
That doesn’t add up if the trial is to begin as scheduled on Monday.
For instance, in the Carr Brother’s trial, 1,000 extra summonses were mailed to give lawyers a larger pool to choose from.
"I think it indicated that the trial is not going to go. I don’t think it indicates anything else. It could mean they just haven’t asked for the continuance yet or that he may enter the plea or waive the jury trial and ask that the trial be to the court," said Pratt.
Another surprise concerning the jury is that there have been no motions requesting a detailed jury questionnaire. For routine trials, a questionnaire is sent out asking general background information such as: Are you a resident of Sedgwick County? Are you a felon? Have you served on a jury in the last year? Where are you employed?
But in high profile cases such as this or the Michael Jackson trial, lawyers will often ask for a more detailed questionnaire to help speed up jury selection.
"Questions about what TV shows do you watch? What magazines do you read? What are your opinions on law enforcement, DA’s office, Defense? To get a better idea of the type of juror you’re looking at," said Pratt.
There have been some sealed motions in this case so, in theory, a motion requesting a detailed jury questionnaire could have been filed under seal. But lawyers we talked to say that’s not likely.
If a trial is to start on Monday, the previous Friday is when the judge would hear any motions or new requests in the case. Both sides are supposed to give two days notice before the judge would hear those motions. Thus, 5:00 p.m. Wednesday would have been deadline to submit those motions if the Rader case were going to trial on Monday.
We should point out, however, that very few things in this court case have followed a normal pattern.
As it turns out, there was one motion filed with the court Wednesday. The defense filed a motion to allow a barber into the jail to trim Rader’s hair before his day in court on Monday.