WBEZ | jury selection http://www.wbez.org/tags/jury-selection Latest from WBEZ Chicago Public Radio en Why Courts Use Anonymous Juries, Like In Freddie Gray Case http://www.wbez.org/news/why-courts-use-anonymous-juries-freddie-gray-case-114000 <img typeof="foaf:Image" src="http://llnw.wbez.org//main-images/jurybox_wide-28f5cc47a90bb14a2bad47261dcea726dad7d057-s700-c85.jpg" alt="" /><p><div id="res457917621" previewtitle="The empty jury box in courtroom 23A on the 23rd floor of the Orange County Courthouse, site of the State of Florida vs. Case Anthony murder trial in 2011. Orlando Sentinel/MCT /Landov"><div data-crop-type=""><img alt="The empty jury box in courtroom 23A on the 23rd floor of the Orange County Courthouse, site of the State of Florida vs. Case Anthony murder trial in 2011. Orlando Sentinel/MCT /Landov" src="http://media.npr.org/assets/img/2015/11/30/jurybox_wide-28f5cc47a90bb14a2bad47261dcea726dad7d057-s700-c85.jpg" style="height: 348px; width: 620px;" title="The empty jury box in courtroom 23A on the 23rd floor of the Orange County Courthouse, site of the State of Florida vs. Case Anthony murder trial in 2011. (Orlando Sentinel/MCT /Landov)" /></div><div><div><p>The jurors who will be chosen to hear the first case against a&nbsp;<a href="http://www.npr.org/sections/thetwo-way/2015/11/30/457868608/first-officer-implicated-in-freddie-grays-death-goes-on-trial-in-baltimore">police officer charged in the death of Freddie Gray</a>&nbsp;in Baltimore will be anonymous, at least for now.</p></div></div></div><p>A judge has ruled that their identities can be shielded from the public. That practice is controversial, but not unheard of in high-profile cases.</p><p>Experts trace the first completely anonymous jury &mdash; secret not just to the media, but also to the defendant &mdash; to 1977. That&#39;s when a judge worried about possible jury tampering by a drug kingpin named Leroy &quot;Nicky&quot; Barnes, a man also known as Mr. Untouchable.</p><p>&quot;They tend to be only used in very, very high-profile trials or trials in which there is a serious threat to either the safety of the jurors or the integrity of the jury process,&quot; said Paula Hannaford-Agor, who studies jury issues at the National Center for State Courts.</p><p>Hannaford-Agor said there are plenty of examples in recent years of a more limited approach: keeping juror names from the public and the press during the trial but releasing the information later. She said courts recognize a legitimate need to protect the jury.</p><p>&quot;There are issues associated with this; this is not necessarily a risk-free civic engagement,&quot; she said.</p><p>By issues, she meant everything from reporters with TV cameras turning up at a juror&#39;s door late at night to death threats from neighbors unhappy about the verdict.</p><p>That happened in Florida in 2011, when a young woman named Casey Anthony was acquitted of murder in the death of her daughter.</p><p>&quot;Vendors were putting up signs in their windows, &#39;Casey Anthony jurors not welcome here.&#39; One juror essentially left the state because she was actually afraid for her life,&quot; Hannaford-Agor recalled.</p><p>First Amendment scholars worry that secrecy once reserved for cases of gang activity and terrorism has been extended to jurors in lots of other contexts.</p><p>Cases in point: the corruption trial of former Illinois Gov. Rod Blagojevich and the prosecution of George Zimmerman, the self-described neighborhood watchman who killed Trayvon Martin in Florida three years ago.</p><p>In the prosecution of Baltimore police Officer William Porter, his lawyers wrote that potential jurors could face a lot of pushback from the community.</p><p>&quot;In the current climate, saying &#39;not guilty&#39; regardless of the evidence or the lack thereof presented by the state, and then returning to your daily life will take great courage on the part of the citizenry,&quot; wrote attorneys Joseph Murtha and Gary Proctor. &quot;It is possible, indeed probable, that an acquittal of Officer Porter will lead to further civil unrest. But this officer deserves his trial without any &#39;sacrificial lamb&#39; thinking on the part of jury members.&quot;</p><p>Gregg Leslie closely follows media law issues as legal defense director at the Reporters Committee for Freedom of the Press.</p><p>&quot;If you start by default having jurors who are secret even well after the trial, it really will start to and in fact it has I think started to have an effect on how the public perceives how just the system is,&quot; Leslie said.</p><p>Leslie pointed out that the nation is already debating the fairness of the justice system, in part because of the deaths of young black men like Freddie Gray in encounters with police.</p><p>Leslie said transparency as these cases move through the courts will help restore credibility. It&#39;s true that jurors may be exposed to unwanted attention, with some cost to their privacy, at the end of a trial, but Leslie said too much secrecy also has a cost.</p><p>&quot;When secrecy becomes the norm, some of those jurors will be less candid in voir dire, figuring they&#39;ll never be held accountable for it,&quot; Leslie said, &quot;so secrecy breeds greater corruption and greater problems within the system.&quot;</p><p>&mdash;<a href="http://www.npr.org/sections/thetwo-way/2015/11/30/457905697/why-courts-use-anonymous-juries-like-in-freddie-gray-case?ft=nprml&amp;f=457905697" target="_blank"><em> via NPR</em></a></p></p> Mon, 30 Nov 2015 16:43:00 -0600 http://www.wbez.org/news/why-courts-use-anonymous-juries-freddie-gray-case-114000 Supreme Court takes on racial discrimination in jury selection http://www.wbez.org/news/supreme-court-takes-racial-discrimination-jury-selection-113587 <p><div id="res453242119" previewtitle="Former state and federal prosecutors urging the Supreme Court to invalidate Foster's conviction because of &quot;blatant prosecutorial misconduct.&quot; They point to study after study showing that when it comes to getting rid of racial discrimination, the current system doesn't work."><div data-crop-type=""><img alt="Former state and federal prosecutors urging the Supreme Court to invalidate Foster's conviction because of &quot;blatant prosecutorial misconduct.&quot; They point to study after study showing that when it comes to getting rid of racial discrimination, the current system doesn't work." src="http://media.npr.org/assets/img/2015/10/30/jury-selection-discrimination_custom-25ab1337df882d8033b06c7f3599d1f7c907b480-s800-c85.png" style="height: 413px; width: 620px;" title="Former state and federal prosecutors urging the Supreme Court to invalidate Foster's conviction because of &quot;blatant prosecutorial misconduct.&quot; They point to study after study showing that when it comes to getting rid of racial discrimination, the current system doesn't work. (Annette Elizabeth Allen/NPR)" /></div><div><div><p>The U.S. Supreme Court wrestles Monday with a problem that has long plagued the criminal justice system: race discrimination in the selection of jurors.</p></div></div></div><blockquote><p><a href="http://www.scotusblog.com/wp-content/uploads/2015/08/14-8349_20tsac_20Joseph_20diGenova.pdf" target="_blank"><em>&quot;Numerous studies demonstrate that prosecutors use peremptory strikes to remove black jurors at significantly higher rates than white jurors.&quot;</em></a></p></blockquote><p>Those are not the words of the defense in the case. They come from a group of highly regarded prosecutors, Republican and Democrat, conservative and liberal, who have filed a friend-of-the-court brief siding with Timothy Foster, who was convicted and sentenced to death in the killing of an elderly white woman in Georgia.</p><p>It has been nearly 30 years since the Supreme Court sought to toughen the rules against racial discrimination in jury selection. But Foster&#39;s lawyers argue that black jurors were systematically excluded from the jury at his trial in 1987, while judges at all levels looked the other way for nearly three decades thereafter.</p><p>Jury selection is done according to a set of rules. Prospective jurors are usually questioned by both prosecution and defense lawyers and then winnowed down in two different ways. First, the judge removes, &quot;for cause,&quot; those jurors deemed incapable of being impartial. Next, each side, prosecution and defense, has a set number of peremptory strikes, meaning that a certain number of prospective jurors can be eliminated without a stated reason, or for no reason at all.</p><p>In 1986, the Supreme Court added a third step in a case called&nbsp;Batson v. Kentucky. Under the&nbsp;Batson&nbsp;rules, if the defense could show a racial pattern in prosecution peremptory strikes, the prosecutor would have to justify each one by demonstrating a non-racial reason for eliminating the juror.</p><p>Still, prosecutors found ways to get around this new rule, as demonstrated by an infamous training video made in Philadelphia in the late 1980s after the court&#39;s decision in&nbsp;Batson. The video features then Assistant District Attorney Jack McMahon advising trainees that &quot;young black women are very bad, maybe because they&#39;re downtrodden on two respects ... they&#39;re women and they&#39;re blacks.&quot;</p><p style="text-align: center;"><iframe allowfullscreen="" frameborder="0" height="350" scrolling="no" src="https://www.youtube.com/embed/rv9SJPa_dF8?rel=0" width="540"></iframe></p><p>He goes on to recommend avoiding older black women too, as well as young black men, and all smart, and well educated prospective jurors.</p><p>But, McMahon reminded the trainees that they had to come up with a non-racial reason for their strikes: &quot;When you do have a black juror, you question them at length and on this little sheet that you have, mark something down that you can articulate at a later time if something happens,&quot; he says.</p><p>Studies have shown that these proffered reasons are often a mere pretext for racial discrimination. <a href="http://www.ncids.org/racebank/Sources/Strengthening%20Batson%20Challenges%20with%20the%20MSU%20Study.pdf" target="_blank">A North Carolina study of jury selection</a> in 173 death penalty cases found that black prospective jurors were more than twice as likely to be struck by the prosecution as similarly situated white jurors. A 2003 study of 390 felony jury trials prosecuted in Jefferson Parish, La. found that black prospective jurors were struck at three times the rate of whites. And in Houston County, Ala., prosecutors between 2005 and 2009 used their peremptory strikes to eliminate 80 percent of the blacks qualified for jury service in death penalty cases. The result was that half of these juries were all white, and the remainder had only a single black member, even though the county is 27 percent black.</p><p>At Timothy Foster&#39;s trial in Rome, Ga., the prosecutor used four of his nine peremptory strikes to knock out all the qualified black jurors in the jury pool. The defense cried foul, but the trial judge and every appellate court after that, including the Georgia Supreme Court, accepted the non-racial reasons. The prosecutors gave as many as a dozen reasons for striking each black prospective juror. These justifications included things like &quot;failure to make eye contact,&quot; looking &quot;bored,&quot; being &quot;divorced,&quot; or &quot;a social worker,&quot; and so on.</p><p>The appellate courts continued to accept these excuses even after Foster&#39;s lawyers obtained the prosecutor&#39;s notes in 2006 under the Georgia Open Records Act. It is rare that defense lawyers ever see these notes, and in this case, the prosecution&#39;s worksheets were not subtle.</p><p>The name of each black prospective juror was highlighted in green, circled, and labelled with a &quot;B.&quot; At the Supreme Court Monday, defense lawyer Stephen Bright, of the Southern Center for Human Rights, will tell the justices that everything about those notes reeks of racial discrimination.</p><p>&quot;They were referred to by B1, B2, B3,&quot; Bright says. &quot;There were comparisons made among the black jurors that, if we have to take a black, maybe Ms. Hardge will be okay, or maybe Ms. Garrett will be okay. They didn&#39;t, of course, take either one of those.&quot;</p><div id="res453217663" previewtitle="At Timothy Foster's 1987 trial, the names of prospective black jurors were highlighted in green, circled, and labelled with a &quot;b.&quot; The defense will argue that it reeks of racial discrimination. The state of Georgia's brief contents the jurors were labelled in order to be able to rebut potential allegations of racial discrimination. Eds note: Street addresses have been redacted by NPR."><div data-crop-type="" style="text-align: center;"><a href="http://www.scotusblog.com/wp-content/uploads/2015/08/Foster-v-Chatman-Joint-Appendix.pdf" target="_blank"><img alt="At Timothy Foster's 1987 trial, the names of prospective black jurors were highlighted in green, circled, and labelled with a &quot;b.&quot; The defense will argue that it reeks of racial discrimination. The state of Georgia's brief contents the jurors were labelled in order to be able to rebut potential allegations of racial discrimination. Eds note: Street addresses have been redacted by NPR." src="http://media.npr.org/assets/img/2015/10/30/foster-v-chatman_custom-bb73b3f1a296470bd01b94a7d0c42746c0f15be6-s800-c85.jpg" style="height: 323px; width: 620px;" title="At Timothy Foster's 1987 trial, the names of prospective black jurors were highlighted in green, circled, and labelled with a &quot;b.&quot; The defense will argue that it reeks of racial discrimination. The state of Georgia's brief contents the jurors were labelled in order to be able to rebut potential allegations of racial discrimination. Eds note: Street addresses have been redacted by NPR. (Courtesy of Squire Patton Boggs LLP)" /></a></div><div><p>Bright contends the State of Georgia continues to change its story about the justifications. For example, prosecutors initially said they struck juror Eddie Hood because he had a son close to the defendant&#39;s age. Later, when it turned out that two white jurors had sons who were close in age too, the prosecutor gave a different &quot;bottom line&quot; reason: Hood was a member of the Church of Christ.</p></div></div><p>&quot;They insisted that the Church of Christ took a strong position against the death penalty and that any member of the Church of Christ would vote against the death penalty,&quot; Bright says.</p><p>In fact, the Church of Christ took no position on the death penalty; the prosecution notes reflect that, and Hood testified that he could vote for the death penalty.</p><p>Then there was prospective juror Marilyn Garrett. The prosecution said it struck her because she was close to the age of the defendant. Foster was 19 at the time of trial, and Garrett was 34. In contrast, the prosecution accepted eight white jurors under 35, one of whom was only two years older than Foster.</p><p>The state of Georgia refused to provide anyone to be interviewed for this story. But the state&#39;s brief says that any attempt to characterize the jury challenges as racially motivated &quot;ignore[s] the multifaceted nature of jury selection.&quot; And the brief does provide a variety of reasons for each juror that was struck, reasons that the defense argues were not applied to similarly situated white prospective jurors.</p><p>The state&#39;s brief contends that the only reason prosecutors labeled the race of the prospective black jurors was to rebut the anticipated race discrimination claim by the defense.</p><p>No briefs have been filed in support of the state&#39;s position in the case. But, that earlier mentioned group of former state and federal prosecutors is urging the Supreme Court to invalidate Foster&#39;s conviction because of &quot;blatant prosecutorial misconduct.&quot;</p><p>They point to study after study showing that when it comes to getting rid of racial discrimination, the current system doesn&#39;t work. Prosecutors, they say, easily game the system by giving pretextual explanations, particularly in the South. In North Carolina, for example, prosecutors routinely handed out a one-page list of such reasons in training sessions.</p><p>Judges seem to have a high threshold for seeing racial bias, even in supposedly liberal states. In California, for instance, the state supreme court has dealt with 114 Batson appeals since 1993, according to court opinions, and in only one case out of the 114 did the state&#39;s highest court find evidence of racial discrimination.</p><p>&quot;It&#39;s very hard politically with elected judges, very hard psychologically with judges and prosecutors who work together all the time, for a judge to make that finding,&quot; defense lawyer Bright says.</p><div class="image-insert-image " style="text-align: center;"><a href="https://www.flickr.com/photos/brionv/306820854/in/photolist-bnP2yG-97P5Xp-d4jwcu-d34E93-97P91x-d4tQbs-5koSrA-d4BWDw-tws1VH-97P7nZ-97P6za-gd1Pxr-67MrYx-7aAaty-d4Amsj-t7x9J-4bEfVj-EYvm7-hDrkX-8sXyp5-5gE88t-eKVuo3-eRwjNk-d4P64U-d4AmFE-97ScbU-97P5fB-97Sbk7-97P2Xt-4q4keQ-x1x7L7-79v49P" target="_blank"><img alt="" class="image-original_image" src="http://www.wbez.org/system/files/styles/original_image/llo/insert-images/306820854_28b2e93461_z.jpg" style="height: 164px; width: 620px;" title="&quot;If this won't affect my selection, how will it ensure that all people are represented?&quot; (flickr/brionv)" /></a></div><p>It&#39;s also true that statistical studies show that more racially diverse juries are in fact more skeptical of the prosecution&#39;s case and less likely to impose the death penalty. A 2004 study by the Capital Jury Project found that in cases with a black defendant and a white victim, the chances of a jury imposing the death sentence were sharply lower if one or more black men served on the jury.</p><p>Monday&#39;s Supreme Court case is widely viewed as a chance for the justices to once again rap the knuckles of the lower courts, but it&#39;s unlikely the court will be willing to establish hard and fast rules to prevent the kind of systemic discrimination that most in the criminal justice system acknowledge has plagued the courts from coast to coast.</p><p>Most experts say the only way to do that would be to eliminate or drastically limit peremptory strikes, and that is a non-starter for one simple reason. Most trial lawyers continue to believe these challenges are an essential tool for selecting a jury.</p><p>&mdash; <a href="http://www.npr.org/2015/11/02/452898470/supreme-court-takes-on-racial-discrimination-in-jury-selection?ft=nprml&amp;f=452898470" target="_blank"><em>via NPR</em></a></p></p> Mon, 02 Nov 2015 10:41:00 -0600 http://www.wbez.org/news/supreme-court-takes-racial-discrimination-jury-selection-113587 Questionnaires to would-be jurors in Hudson case http://www.wbez.org/news/criminal-justice/questionnaires-would-be-jurors-hudson-case-97949 <p><p>Potential jurors will start filling out questionnaires that'll help determine if they're fit to sit in judgment of a man accused in the 2008 slayings of celebrity Jennifer Hudson's mother, brother and 7-year-old nephew.</p><p>At least 100 people are expected to pick up forms Thursday. Jury selection gets under way in earnest Monday when a judge starts questioning jurors one by one.</p><p>Trial testimony is slated to begin April 23.</p><p>Defendant William Balfour is the estranged husband of Hudson's sister. Prosecutors allege he shot the family in a jealous rage because Julia Hudson was dating another man.</p><p>Jennifer Hudson won an Academy Award for best supporting actress in 2007 for her role in <em>Dreamgirls</em>. She won a Grammy for best R&amp;B album the same year of the killings.</p></p> Thu, 05 Apr 2012 09:17:43 -0500 http://www.wbez.org/news/criminal-justice/questionnaires-would-be-jurors-hudson-case-97949 Blago Defense: Not enough blacks in jury pool http://www.wbez.org/story/blago-defense-not-enough-blacks-jury-85822 <img typeof="foaf:Image" src="http://llnw.wbez.org//story/photo/2011-April/2011-04-28/AP080506020298-blago Charles Rex Arbogast.jpg" alt="" /><p><p>Defense attorneys for former Illinois Governor Rod Blagojevich say they're concerned there won't be many people of color on the jury.&nbsp; The holdout juror in Blagojevich's first trial was African American.<br> <br> Many potential jurors have told the judge they think Blagojevich is guilty, but they stay on the jury for his retrial if they convince him that they can set their opinions to the side.&nbsp; One woman, an African-American, wrote on her questionnaire that she believed Blagojevich is innocent until proven guilty.&nbsp; The defense hoped to keep her on, but the prosecution sought to have her excused because she runs a business driving people to medical appointments and it would suffer if she had to take two months off for the trial.<br> <br> Blagojevich attorney Sheldon Sorosky told the judge that it seemed like all the people of color are being excused.&nbsp; But Judge James Zagel pointed to the woman's questionnaire where she said she was trying to build up the business because her sons have felony records and they'll always need a place to work.&nbsp; Zagel excused her.&nbsp; Of the 45 people still in the jury pool, fewer than five are black.</p></p> Fri, 29 Apr 2011 10:00:00 -0500 http://www.wbez.org/story/blago-defense-not-enough-blacks-jury-85822 Blago juror with Oprah tix excused http://www.wbez.org/story/blago-juror-oprah-tix-excused-85777 <img typeof="foaf:Image" src="http://llnw.wbez.org//story/photo/2011-April/2011-04-27/AP090127011782-blago Richard Drew.jpg" alt="" /><p><p>A potential juror who has tickets to see a taping of the Oprah Winfrey show has been excused from jury duty in the Blagojevich case.&nbsp; She was concerned that the trial would interfere with the taping, though there could be other reasons that the judge excused her.</p><p>Blagojevich said he was happy that she wouldn't have to go through the trial, and said he was jealous.&nbsp;</p><p>"I'm very happy that that juror was dismissed from the jury pursuant to her request so that she can actually go and do what is a once-in-a-lifetime thing and that is see the Oprah Winfrey Show," he said.&nbsp;</p><p>Blagojevich then walked away from the microphones, but a reporter asked if he thought the Oprah tickets were golden.&nbsp; Blagojevich stopped and smiled, and after a pause, he walked back to the microphones and said, "No.&nbsp; I would say they're F-ing golden."&nbsp;</p><p>That's a reference to a phone conversation he had that was secretly recorded by federal agents.&nbsp; On the call he referred to his ability to appoint someone to Barack Obama's vacated Senate seat as a thing that was "f***ing golden."</p><p>So far 100 potential jurors have been questioned to see if they're able to give Blagojevich a fair trial.&nbsp; About sixty have been "struck for cause."&nbsp; Jury selection continues Thursday.&nbsp; It will be the sixth day, including the day one on which potential jurors filled out a 38-page questionnaire.&nbsp; Opening statements are expected Monday.</p></p> Thu, 28 Apr 2011 10:00:00 -0500 http://www.wbez.org/story/blago-juror-oprah-tix-excused-85777 Blagojevich jury duty conflicting with Oprah show http://www.wbez.org/story/blagojevich-jury-duty-conflicting-oprah-show-85663 <img typeof="foaf:Image" src="http://llnw.wbez.org//story/photo/2011-April/2011-04-25/AP05051105066- Seth Perlman.jpg" alt="" /><p><p>A potential juror in the trial of former Illinois Gov. Rod Blagojevich has tickets to a taping of the Oprah show and she's worried she won't be able to go if she's sitting in a federal courtroom hearing the Blagojevich case.&nbsp; Judge James Zagel said she'll survive missing the show, but her status is still up in the air.&nbsp; If she is picked for the jury, Zagel hasn't ruled out altering the court schedule to accomodate her.</p><p>So far, about two dozen potential jurors have made the cut to be on the jury.&nbsp; Zagel is looking to seat 12 jurors, plus six alternates, but that means he actually needs 40 qualified jurors because attorneys from both sides get to strike a certain number of people from the jury.&nbsp;</p><p>Many potential jurors have argued that they're not qualified to be in the pool of 40.&nbsp; They say sitting on the jury would be so hard on them economically that they wouldn't be able to focus, and therefore they wouldn't be fair.&nbsp; Others say they've already made up their mind about Blagojevich.<br> <br> <br> <br> &nbsp;</p></p> Tue, 26 Apr 2011 00:57:00 -0500 http://www.wbez.org/story/blagojevich-jury-duty-conflicting-oprah-show-85663 Judge to Blagojevich jury: You don't have to like him http://www.wbez.org/story/judge-blagojevich-jury-you-dont-have-him-85524 <img typeof="foaf:Image" src="http://llnw.wbez.org//story/photo/2011-April/2011-04-21/Blago 110421_0.JPG" alt="" /><p><p>Attorneys in the Blagojevich retrial will continue vetting jurors this morning.&nbsp; The jurors have already filled out a 38-page questionnaire, but now they'll come into court to undergo further questioning by Judge James Zagel.&nbsp; He's asking them what they think about politics and politicians, whether they think politicians act in their own self interest or reward their contributors.&nbsp; Zagel asks them if they can set aside their preconceived notions to answer whether an individual politician broke specific laws.&nbsp; And he asks them if they could separate their dislike of politicians in general, or their dislike of Blagojevich in particular, from the very specific question of whether he broke any federal laws.<br> <br> Several potential jurors say they hold Blagojevich in low esteem, or think he got lucky by avoiding conviction in his first trial, though Blagojevich was convicted on one count.&nbsp; Zagel says it's going to be very hard to find jurors in the area who haven't heard of the case but he's asking them if they can set aside what they already know and base their decision solely on the evidence presented in court.</p></p> Mon, 25 Apr 2011 10:00:00 -0500 http://www.wbez.org/story/judge-blagojevich-jury-you-dont-have-him-85524 Jurors who dislike Blagojevich still on jury http://www.wbez.org/story/jurors-who-dislike-blagojevich-still-jury-85523 <img typeof="foaf:Image" src="http://llnw.wbez.org//story/photo/2011-April/2011-04-21/Blago 110421.JPG" alt="" /><p><p>Disliking and even distrusting former Ill. Gov. Rod Blagojevich is not enough to disqualify jurors from his retrial.</p><p>Several who hold dim views of Blagojevich were kept on the jury after being questioned by Judge James Zagel.</p><p>Despite the high profile nature of the case, many of the potential Blagojevich jurors say they know very little about the first trial. The jurors are being kept anonymous but a man referred to as juror 121 said he clearly remembered Blagojevich from the television show "The Apprentice" but said he didn't pay too much attention to the first trial. Nonetheless, he thought the governor was lucky he didn't get convicted.</p><p>Juror 116 said he remembered that Blagojevich promised to testify in the first trial but didn't. Judge Zagel told him that the defendant has no duty to testify and told the juror that he couldn't hold that against the governor.</p><p>Juror 116 said he would try to set that idea aside but said it would still be somewhere in his mind. Zagel kept him as a potential juror anyway. He said the questions are designed to elicit just this kind of bias so that it can be addressed and corrected.</p><p>Jury selection for Blagojevich's retrial continues Monday morning.</p></p> Fri, 22 Apr 2011 10:00:00 -0500 http://www.wbez.org/story/jurors-who-dislike-blagojevich-still-jury-85523 Blagojevich jury to be questioned http://www.wbez.org/story/blagojevich-jury-be-questioned-85469 <img typeof="foaf:Image" src="http://llnw.wbez.org//story/photo/2011-April/2011-04-20/AP00022001236 Seth Perlman.jpg" alt="" /><p><p>Judge James Zagel is expected to start questioning potential jurors Thursday for the retrial of former Illinois Governor Rod Blagojevich. More than a hundred potential jurors showed up to federal court Wednesday to fill out a 38-page questionnaire meant to weed out people who are biased either for or against Blagojevich.<br> <br> On Thursday morning Zagel will likely start calling them into the courtroom one at a time to ask for clarification on some of those answers. It's a chance for the prosecutors and defense attorneys to see the jurors in person and size them up. Blagojevich is also expected to attend.<br> <br> A courthouse spokesman says Zagel hopes to have a jury picked by next Wednesday, which would allow attorneys to then make their opening statements.</p></p> Thu, 21 Apr 2011 10:00:00 -0500 http://www.wbez.org/story/blagojevich-jury-be-questioned-85469