Juries selected for criminal cases in Elk County Court on Tuesday
RIDGWAY - Eightyfive potential jurors reported to the Elk County Courthouse on Tuesday morning in Ridgway for the August jury selection.
Initially, there were both criminal and civil cases on the docket, but a last-minute agreement removed the civil case leaving only criminal cases for the jurors.
Once through the initial security line at the Elk County Courthouse entrance, potential jurors were greeted by Elk County Sheriff, Todd Caltagarone and were escorted up the elevator by the officers under his command, who provide security for the courthouse.
On the second floor, there is a secondary security line where again a metal detector is deployed as well as wands, and a thorough hand check of all bags and purses takes place. As prospective jurors enter, they are met by the court administrators and the Tipstaff.
Tipstaff performs entry-level escort, announcements, and ceremonial work in a court of law to ensure courtroom decorum, and compliance to courtroom procedures and facilitates the overall function of the court during legal activities. They are the only courthouse staff allowed to speak to jurors while testimony for a trial is underway or the jury deliberates on decision. They escort jury members throughout the trial and relay messages to or from the judge and jury.
The Honorable Shawn T. McMahon, in his first major jury selection since the COVID-19 outbreak, began the day in the courtroom by leading the Pledge of Allegiance before starting the court proceedings.
"On behalf of all of the judges and staff, I want to express our appreciation for your time. We know that you all have hectic lives and that being here involves some sacrifice, and I want to assure you that we do everything we can to ensure that your time is used efficiently and that your experience is meaningful,” McMahon said. "Our form of justice is considered one of the fairest in the world, as I or any other government official does not decide on guilt or innocence on a defendant but a jury of their peers."
McMahon went on to say, "I consider jury service to be one of the most important civic duties that a citizen can take part in, and you are now part of history as citizens of Elk County have been gathering in this courthouse since 1885 and fulfilling their duties, such as some of you will be chosen to do today."
Judge McMahon laid out some preliminary rules for the gathered potential jurors after Elk County Prothonotary & Clerk of Courts, Susanne Straub Schneider administrated the standard oath to all those called to duty. McMahon also pointed out Betsy Nissel, the official court reporter.
“(She) is the most important person in this room. She records every word spoken in the courtroom by all parties, and her position is critical to the proper recording of all cases brought before the bench, so please speak loudly and clearly when responding to questions,” McMahon said.
Voir dire is the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly or if there is a cause that will not allow a juror to serve. Knowledge of the facts; acquaintanceship with parties, witnesses, or attorneys; an occupation that might lead to bias; prejudice against a specific penalty; or previous experiences such as having been sued in a similar case are reasons for a juror to be removed from a jury panel.
One of the unspoken purposes of the voir dire is for the attorneys to get a feel for the personalities and likely views of the people on the jury panel. In some courts, the judge asks most of the questions, while in others, the lawyers are given substantial latitude and time to ask questions. Some jurors may be dismissed for cause by the judge, and the attorneys may excuse others in "peremptory" challenges without stating any reason.
In Elk County Court, the presiding judge asks preliminary questions, such as if the prospective jurors will be available at the scheduled dates and times of the trial, conflicts with work, childcare, or health-related questions. The prosecution asks more specific questions and presents a list of potential witnesses at the trial to see if any prospective jurors have a conflict with them, such as being related, negative interactions, or close friendships.
The defense drills into personal issues even further, making sure none of the jurors strongly negatively view the defendant, their lifestyle, relatives, or racial or religious views. Finally, after many jurors are eliminated due to various factors, the prosecution and defense pass back and forth a list of prospective jurors until they arrive at a final list of 14 including 12 regular and two alternate jurors.
With a large schedule of jury trials on the dockets, there will be an additional jury selection later in the month.