McAfee expressed concern about sections that he said asked prospective jurors to give a favorability rating for the other defendants in the case and some of the expected state witnesses. Prosecutor Alex Bernick also objected to that section, saying the other defendants are not on trial. Rafferty argued that prosecutors, citing the racketeering charge all defendants face, have said they intend to present their whole case.
Both sides agreed potential jurors could be asked about pressures from the community or whether they would feel nervous or anxious about returning any verdict out of concern for how the public might respond. The judge noted that a potential juror’s answer wouldn’t necessarily be disqualifying but acknowledged the parties might want to consider that information in striking jurors.
Defense attorneys also wanted to include a string of questions about whether potential jurors believe Trump and his associates tried to steal the election and what they think about people who spread misinformation or tried to help overturn the election. Bernick argued those questions were basically meant to test defense theory and see what jurors are receptive to before putting on their case.
Chesebro attorney Scott Grubman said he could see why such questions might be barred in a normal case, but he argued that this case is unprecedented and “has no parallels in American or Georgia jurisprudence.”
McAfee seemed unconvinced, saying the questions seemed to cross a “hard line in the sand” against asking prospective jurors whether they think someone is guilty or not.
In his order separating Powell and Chesebro’s cases from the others, McAfee said he will try to have their jury seated and sworn by Nov. 3, “to eliminate any doubts that the statutory speedy trial deadline has been met.” Under Georgia law, a defendant who files a demand for a speedy trial has a right to have a trial begin within the court term when the demand is filed or in the next court term. Court terms in Fulton County are two months long and begin the first Monday in January, March, May, July, September and November.
During a hearing last month, McAfee said that starting Oct. 23, they will bring prospective jurors in in panels of 14 to be questioned individually. For each panel, the judge will ask questions to determine whether jurors have qualifying hardships that would keep them from being able to serve as a juror. Then each party — the two defendants and the district attorney’s office — will have one hour per panel of 14 prospective jurors to ask questions.
Ideally, McAfee said, they will have one panel of 14 in the morning and another panel of 14 after lunch each day. To ensure that they have enough potential jurors, McAfee has requested that another 450 people be brought in on Oct. 27 to fill out questionnaires.
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Republished with permission from the Associated Press.
