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3,500 Jurors May Be Called for James Holmes Case

The judge in the Aurora Theater shooting case of James Holmes wrote in an order yesterday that 3,500 prospective jurors may be called for his trial. The order, which grants the defense request for a questionnaire to be submitted to jurors in advance of trial, is here.

He noted that the Prosecution had not yet responded to the request, but even if they did and opposed it, he'd use a questionnaire anyway. [More...]

In other orders this week, the judge ruled that summoned jurors will only be called for the Holmes case, and they will randomly selected in accordance with the Colorado Uniform Jury Selection and Service Act. He also granted, over the state's objection, a defense request to be provided the names of potential jurors as soon as they are available to the Jury Commissioner.

He denied a request that prospective jurors be sequestered. Jury selection is expected to take weeks.

On the defense request for individual voir dire out of the presence of other prospective jurors, he ordered:

The Court will allow counsel to question prospective jurors individually and outside the presence of other prospective jurors on death qualification issues and publicity issues.

Denial of the defendant's request for individual sequestered voir dire on these topics would risk tainting the entire panel of prospective jurors. On the other hand, allowing the attorneys to ask all of their jury selection questions during individual sequestered voir dire is unnecessary and would be impractical and inefficient.

In a footnote he adds:

On the rare occasion that a prospective juror's answers to the jury questionnaire raise an issue unrelated to death qualifications or publicity which is of a sensitive nature, the Court, in its discretion, may expand the scope of individual sequestered voir dire.

The defense filed a notice that it intends to seek a change of venue. The Colorado rules state that motion should be filed by the arraignment date, unless good cause is shown. The Court responded that it would consider whether the motion The judge responded that he would determine