Live updates: Suspended Columbus DA’s felony misconduct trial starts with jury selection
About 700 Muscogee County residents have been summoned to the Columbus Civic Center this week as jury selection begins Monday for suspended District Attorney Mark Jones’ trial on felony misconduct charges during his first months in office.
That jury pool is not for Jones alone, as a murder trial in a double-homicide case also is scheduled this week in Muscogee Superior Court. The defendant in that case is Rayshondre Tarver, charged in the fatal 2019 shootings of Montrell Johnson, 18, and Terreon Joseph, 17.
Jones was indicted Sept. 7 on nine felony charges accusing him of influencing witnesses, bribing staff attorneys and violating his oath of office.
Jones was acting as his own counsel until his arraignment on Oct. 12, when Columbus attorney Christopher Breault entered the case, but visiting Judge Katherine Lumsden disqualified Breault in an order filed Nov. 4.
The judge agreed with the prosecutor, Deputy District Attorney John Fowler, that Breault cannot represent Jones because he is a potential witness in the case. Accused of contacting a witness in a murder case on Jones’ behalf, Breault was named in evidence Fowler cited in court documents filed Oct. 4.
Breault subsequently filed a motion asking the judge to step down, accusing her of bias. Lumsden rejected that motion last week, ruling Breault had no authority to file the motion because he already had been disqualified, and that no evidence of bias warranted her recusal.
Live Updates
6:34 p.m.: A jury of nine women and five men have been chosen for Jones’ trial. Two will be alternates who will serve only if any of the 12 trial jurors cannot finish the trial and must be replaced.
6:06 p.m.: The attorneys have started picking a trial jury from 36 qualified jurors, with a court clerk passing the list of names back and forth between the tables the lawyers are sitting at. The attorneys silently mark the list to note which jurors they will accept and which they want to strike.
5:50 p.m.: The judge gives the defense and prosecution 15 minutes to look over their jury lists to decide which of those qualified they will “strike” or eliminate from service. No more panels will be questioned. The judge assures those jurors remaining that the selection process will be over soon.
5:35 p.m.: The attorneys finish questioning the third set of jurors, calling three of the 14 to the judge’s bench for additional inquiries. One of those called up is dismissed. After those 14 leave, three more are summoned from the jury pool, the last to be questioned before the lawyers decide which of those qualified to serve on the trial jury will be struck or eliminated from service. About 35 have been qualified so far, and Lumsden needs 12 jurors plus two alternates for Jones’ trial.
5:10 p.m.: The prosecutor has finished questioning the third panel of jurors, and the defense just began its inquiries.
4:22 p.m.: After a brief break, the lawyers start questioning a third set of jurors, this one a panel of 14. Among the questions being asked are whether jurors have had any experience with law enforcement, have ever been accused of a crime or have ever served on a jury before.
4:05 p.m.: The attorneys have just finished questioning the second jury panel, and the judge is calling individual jurors up front for private inquiries about possible conflicts or bias. This is to keep other jurors from overhearing the conversation, so they are not influenced by what is said. Three of the four called forward are dismissed.
3:29 p.m.: Prosecutor John Fowler just finished his questioning of the second panel of 15 jurors, and Katonga Wright has begun her inquiries. Because of the time it’s taking to question each set, court workers are starting to wonder if jury selection will finish Monday or continue into Tuesday.
2:23 p.m.: The attorneys start questioning the second panel of 15 jurors, with the prosecution going first. Wright, Jones’ attorney, has said opening statements in the trial will be Tuesday, assuming jury selection wraps up Monday.
1 p.m.: The attorneys finish questioning the first panel of 15, of which four are dismissed for knowing enough about the case to have formed an opinion on it. The judge instructs the rest to go to lunch, and to return this afternoon, some at 2:15 p.m. and others at 3 p.m. “You have to come back,” she emphasized. If anyone does not, she said, “I will send a deputy to your home.”
12:30 p.m.: After the prosecutor finished his inquiries, Jones’ defense attorney Katonga Wright began questioning the first set of 15 jurors about noon, illustrating that attorneys can spend hours examining a single panel. Court workers say jury selection likely will take all day Monday, with opening statements in the trial on Tuesday.
11:15 a.m.: Half the jurors in the first panel of 15 said they have seen news reports about Jones’ case, and two said they have seen footage from police body camera recordings of Jones’ confronting a homicide investigator downtown, where he allegedly tried to influence the officer’s testimony. But only one juror said she had formed a strong opinion on the case. Judge Lumsden has called for a break in the proceedings.
10:40 a.m.: Only one juror, who said she’s related to Jones by marriage, is dismissed during the initial survey of the 60. Lumsden divided the group into panels of 15 each for further questioning.
10:12 a.m.: Jury Manager Sonya Kibble has called up the first group of 60 jurors for the initial questioning, which Judge Lumsden said will involve basic biographical information such as name, marital status, place of residence and, if applicable, spouse’s occupation. Some jurors may be disqualified because of connections to people involved in the case. The jurors in this first group have taken an oath swearing to tell the truth as they respond to attorneys’ inquiries.
9:25 a.m.: Breault arrived with Jones, and was sitting at the defense table along with Columbus attorney Katonga Wright of The Wright Legal Group. But Breault soon left, saying he has been sequestered as a witness and cannot remain in court. Wright will serve as Jones’ lead defense counsel, Breault said. Court records show Wright asked that the trial be postponed so she can prepare, but the judge rejected that.
9 a.m.: Jurors have been called to the ice rink because Muscogee County Superior Court remains under a COVID-19 protocol that requires social distancing to prevent spreading the virus.
The ice rink has space to keep them safely apart as they wait to be questioned during jury selection, when attorneys will ask whether they’ve already formed an opinion on the case or have some connection to those involved.
Though 700 were summoned, Jury Manager Sonya Kibble said only about 250 are likely to show up, said Kibble, basing that estimate on previous jury pools.
Kibble said those coming to the rink may want to bring warm clothing, because it’s so cold inside. “It is freezing,” she said.
At the ice rink, jurors with legitimate reasons to avoid jury service will be dismissed. The rest will be divided into panels of around 15 and escorted to the Columbus Civic Center, where those serving on the trial jury will be chosen.
After attorneys pick the jury, Jones’ trial will be begin in a ninth floor courtroom in the Government Center tower.
This story was originally published November 8, 2021 at 9:00 AM.