A seat at the table : Jury selection begins in murder trial
Posted on Wednesday, July 9, 2008
BENTONVILLE - Manuel Camacho sat at the foot of a typical office table, opposite Circuit Judge Tom Keith, Camacho's hands folded in front of his face, usually hiding his mouth. To his left, Serafin Sandoval-Vega leaned one elbow on the table, resting his cheek on his hand.
The two men, charged in the 2006 murder of Daniel Francis, listened as prospective juror after juror sat next to the judge, at first telling why they shouldn't be on the jury that would determine if these men live free, live in jail or die; then prospective jurors told why they should be on the jury.
In the first set of interviews, potential jurors spoke of retirement trips to Alaska, missions trips to Brazil, surgeries scheduled, employment woes. The accused sat silently, nodding often, occasionally rubbing their eyes. Keith excused those prospective jurors with trips planned, especially if they had already purchased the tickets. Those with medical issues were often excused if they couldn't be accommodated. Job concerns were not a valid reason for exclusion from the jury.
There were a few jokes tossed out, as Keith sought to ease tensions in the somber affair that could result in the death penalty of the two suspects. Sandoval-Vega is charged with capital murder, Camacho as his accomplice. The former occasionally laughed at the jokes. The latter remained stoic.
After about 20 people tried to earn exclusion from the proceedings, most of them not successful, the attorneys began choosing the people who would stay. And the theme became quickly apparent.
Can you make the decision to sentence these men to the death penalty ?
Is there any reason you could not award the death penalty ?
Would your personal beliefs prevent you from issuing a death sentence ?
Then the question was asked the opposite way.
If 11 other jurors chose the death penalty, would you be able to sign your name to life ?
Can you consider the mitigating circumstances in deciding whether to give these gentlemen life in prison without parole ?
Questions about the death penalty often came before inquiries about the ability to determine guilt or innocence.
The defendants, Prosecutor Van Stone said, were there because it is their right to be there. They were taken back to the Benton County Jail when the proceedings were all over for the day.
Stone said it is a difficult process for those who have a stake in the outcome of the trial.
"That's just the way it is," he said.
Sandoval-Vega's attorney, Louis Lim, said the process is even more taxing when death is a possible outcome.
"It's an agonizing process from the beginning," he said.
And the process will continue. In eight hours Tuesday, only two jurors were selected, a man and a woman, out of the four interviewed. Keith said he would impose a one-hour time limit for each interview when the process renews today. The schedule calls for 11 interviews today, with another group of 15 prospective jurors starting the process Thursday morning. Keith said 12 jurors and two alternates are needed.
As the day drew to a close, Keith raised his head toward the defendants.
"What did you have for lunch today ? "he asked.
A peanut butter sandwich, chips and a cookie each. Water to drink.
"How about a hamburger and a Coke and some french fries ? "Keith asked, promising to buy lunch for the pair, a small token that has become foreign to them in the jail.
Both of them nodded furiously.
And Camacho finally smiled.
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