Jury selection started after 9:00 a.m. on July 9, 2007. Two 15-minute morning recesses were taken during that time. Peremptory challenges were exercised and the regular jury panel was formed before lunch. Everyone was told to return at 2:00 p.m. for the selection of the alternate jurors. After 2:00 p.m., the alternate jurors were selected. The Court gave some instructions and an afternoon recess was had. Everyone returned at 3:40 p.m. for the reading of the Information and the State's Opening Statement.
In the words of one reputable and experienced Oklahoma news analys, "The fact that jury selection took only half a day is appalling. Clearly, there is no way in just a half a day it could be determined that the 12 jurors on the panel had no prior knowledge of the case."
Ms. Briggs established a website titled "Kelsey's Purpose," shortly after Kelsey passed away. "The blogging traffic on the site is unreal."
The only publicity questions asked of the potential jurors at Raye Dawn's trial were asked by the Court. The questions were restricted primarily to three questions: (1) whether the potential juror had heard about the case; (2) from what news medium and when; (3) and through hearing about the case, had the potential juror formed an opinion as to the defendant's guilt or innnocence.
One juror that was ultimately selected indicated that she had read about the case in the Lincoln County Newspaper. She assured the Court that she had not formed an opinion about as to the defendant's guilt or innocence as a result of reading the newspaper. That was the end of the Court's inquiry with her on this particular issue. Neither the prosecutor or defense inquired of her any further. Therefore, it is undetermined what specifically she read about the case. Another juror that was selected indicated she had heard about the case that morning on the television. She, too, assured the Court that she had formed no prior opinion as to guilt or innocence. That was the end of the inquiry with her from all parties involved. Finally, another juror that was selected said he had heard about the case on the news some time ago. He also claimed hehad not formed an opinion as to guilt or innocence. The others claimed to have never heard anything about the case prior to trial.
The only way such a statement can be true is if these other nine jurors have been living in a vacuum for two years. Their disclaimers were not credible and a much more searching voir dire should have been conducted. This case has received news publicity of mammoth proportions.
"Study after study emanating from high-profile cases indicates that media scrutiny has a profound effect on the attitudes and expectations of potential jurors, which is especially troublesome during the pre-trial period when reporting tends to be pro-prosecution oriented." "Further, research indicates interpretive bias is magnified in high-profile cases. In short, the difficulties for potential jurors to do an honest, and fair job are greatly increased when pre-trial publicity like that with which Ms. Smith faced was present."
"Studies show that in high-profile cases, jurors will answer questions a certain way in an effort to get on the jury. Most persons want to serve jurors in high-profile cases."
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