Some in Criner trial's jury pool get confused
They thought they had been called for a different UT slaying.
Attorneys trying to fifind jurors whose opinions have not been influenced by media exposure in the death of University of Texas student Haruka Weiser encountered an unexpected twist Monday: Several candidates said they had confused the case with an unrelated killing on the Austin campus.
Foster care runaway Meechaiel Criner, who was 17 when he was arrested, is on trial for capital murder in connection with Weiser’s April 2016 strangulation and sexual assault. Former UT student Kendrex White was charged with murder 13 months later after police say he went on a stabbing spree on campus, killing one person and injuring three others.
The killings were the fifirst and second homicides on campus since the UT Tower shooting in 1966 and often are lumped together during conversations about safety at the university.
Three prospective jurors came forward Monday and informed state District Judge David Wahlberg that they had filled out the jury questionnaire they were required to submit last month under the belief they were being considered for White’s trial.
“I answered things based on that case,” a former elementary school principal said.
White has yet to be assigned a trial date in the death of Harrison Brown, who was also a student at UT.
The mix-up is not a reason for any legal concerns, said retired state District Judge Jon Wisser. He noted that prospective jurors who matriculate to the jury panel will have already taken an oath swearing their verdict comes solely on the evidence presented in the trial.
“As long as they promise to base their verdict on the evidence just in this courtroom and not the other case, I don’t think it would be a factor,” he said.
Since it’s likely that media exposure has colored the views of at least some of the prospective jurors, Wahlberg has arranged for three panels of candidates to come through this week, each with roughly 80 people. In most trials, only one panel is needed for jury selection. The defense and the prosecution have the opportunity to strike 10 members each from the panel for just about any reason.
Once both sides secure 12 jurors and two alternates, the state will begin presenting evidence, i ncluding a video that police say shows Criner near the area of Waller Creek where Weiser was found.
Criner, who faces an automatic life sentence in prison if convicted, has pleaded not guilty.
Of the first batch of prospective jurors, more than 30 were struck by the judge and sent home. Almost all of them said they had already made up their mind about Criner’s guilt and could not protect his right to a fair trial. A woman who said she worked at UT at the time of Weiser’s death told the court she and her colleagues “were obsessed with it.” Another member of the panel said she had reviewed news reports of the arrest, and “I don’t see any way I could put that out of my mind.”
Roughly 15 to 20 people said they had not heard anything about the case before Monday. Many others who were familiar with the case said they could be impartial if they are chosen for the jury.
Criner, who has been in jail garb for all of his pretrial court appearances, arrived in a green suit with a white button-down shirt and a tan tie. He rose from his seat to introduce himself to the jury panel, giving a slight wave.
A woman who identified herself as Criner’s sister was in the courtroom. She declined to speak with the media.