Almost at the magic number

After eight grueling days of jury selection, the jury pool has almost reached the magic number sought by Circuit Judge Ric Howard.

Of the 288 jurors questioned since last Monday, 71 will return Monday for further questioning. Howard had said he wanted 75-100.

So far court officials have focused on knowledge of the case and sequestration. Next week, the topics will be different.

Court officials will ask potential jurors whether they can impose the death penalty, as the law allows.

Court has adjourned for the weekend. We'll be back at 8:30 a.m. Monday.

Flux time

Circuit Judge Ric Howard and Assistant Public Defender Daniel Lewan are good friends, and they have at least one thing in common. During jury selection, both of them have noted their ignorance when technological topics come up.

Juror No. 682 brought that issue front and center. When describing his job, he said he worked on the Internet.

Lewan said he didn't know much about the Internet.

"If you told us what a flux capacitor is we wouldn't know that one either," Howard quipped.

But if there's one thing Howard does know, it's his movies.

"Back to the Future?" Lewan asked.

"Back to the Future," Howard said.

-- Catherine E. Shoichet

A member of the media takes the stand

Media coverage has come up frequently during jury selection. Attorneys ask potential jurors about information they've heard about newspaper and TV stories. Meanwhile, at least a half-dozen reporters look on from benches nearby.

But this afternoon a member of the news media sat in a different seat: the witness stand.

Juror No. 2415 was a radio personality and a station manager. He said he reports on the news, but doesn't know much about the case.

"This is unusual," Circuit Judge Ric Howard said, after learning of the potential juror's profession.

Juror No. 2415 said he regularly reads newspapers to find news to put on the air.

He was dismissed for hardship reasons. "If I asked you not to report on this, that would be kind of dumb," Howard said.

Five steps forward, one step back?

It's lunchtime, and five potential jurors are on today's list. But there may be an issue with a juror who advanced to the next round last week.

A bailiff has reported to Judge Ric Howard that Juror No. 1083 called the court about an issue with her daughter that will prevent her from coming back on Monday. That issue will be discussed more later today.

Before breaking for lunch, Howard said he was pleased with the results so far today.

"It seems that the pace has picked up," he said.

Earlier this morning attorneys were worried. After Howard repeatedly asked one potential juror whether she would be free for the next 30 days, Assistant Public Defender Daniel Lewan asked if something had changed.

"No, we haven't changed gears," Howard said. He said he still expected the trial to take two or three weeks.

-- Catherine E. Shoichet

Keeps on ticking

Jury selection is already going much better than yesterday. Three jurors have made the cut.

But the new time limits have created some tense -- and humorous -- exchanges.

When Assistant Public Defender Alan Fanter's watch alarm went off during Assistant Public Defender Daniel Lewan's questioning, Judge Ric Howard snapped.

"I don't want a beeper going off again," he said. "You want to borrow my watch? I'm serious."

He handed his watch to Lewan, who placed it on the lectern and continued questioning.

But less than 30 minutes later, Howard asked if anyone else had a watch that would work.

"Judge, I'll be glad to loan mine to the cause," Assistant State Attorney Ric Ridgway said.

Howard appeared grateful. "It's just that mine was a birthday present," he said.

After court recessed for a brief break, Ridgway said his watch (Seiko. Quartz.) was a law school graduation gift.

-- Catherine  E. Shoichet

New time limits

The first batch of potential jurors has filed in, and Judge Ric Howard has just established new rules for their questioning.

Prosecution and defense attorneys now will have only 10 minutes to ask qualification questions. Howard decided to impose the new time limits after a motion from Assistant State Attorney Ric Ridgway.

Referring to lengthy questioning from defense attorneys yesterday, Howard said "there seemed to be untoward delays, unnecessary pauses, repetitive questions."

In one instance, Howard said, Assistant Public Defender Daniel Lewan spoke to a potential juror for more than four minutes without asking a question. "Basically you preached to them for about four-and-a-half minutes," he said.

Citing several cases, Ridgway said Howard could set "reasonable time limits."

Lewan objected. He said that would result in an unfair jury.

"To limit the defense and not allow us to ask the questions that we're asking would be to throw out my client's right to a fair and impartial jury just for expediency," he said. "We think that it would be an abuse of discretion by the court."

After Howard's ruling, Lewan asked whether defense attorneys could have additional time if issues surrounding John Couey's confession came up. Howard said he would use discretion if that issue arose.

Questioning is about to begin.

"We've got like 75 people upstairs, so that's great," Howard said earlier. "Of course that was a record."

-- Catherine E. Shoichet

Waiting for Howard

The morning is young, but already Circuit Judge Ric Howard is taking steps to speed up the jury selection process.

At 8:40 a.m., he came into the courtroom to say he was heading upstairs to the jury room to determine whether the 40 potential jurors assembled understand enough English to qualify.

Assistant Public Defender Daniel Lewan objected.

"I believe we should be present for that qualification," he said.

But Assistant State Attorney Ric Ridgway said attorneys don't have a right to be there.

Howard said he agreed. Court is now in recess while we wait for him to return.

-- Catherine E. Shoichet