By Karen Gleason
The 830 Times
A six-man, six-woman jury was seated Monday to hear the murder case against Kelvin James Brown.
Brown was indicted in July 2019 for the March 2019 murder of Manuel Sanchez Jr., charging Brown with “committing an act clearly dangerous to human life, to wit: hitting and kicking (Sanchez) in the face and body with his hands and feet, and by placing the body in the back of a car in such manner that caused the death of (Sanchez).”
Brown was also charged in the same indictment with two counts of tampering with evidence for “intentionally and knowingly concealing the victim’s car in a hidden location with the body of the victim in the floor of the rear seat area, with intent to impair its availability as evidence in the investigation” and for “destroying the chip from the victim’s cell phone and disposing of the phone itself.”
Testimony in the trial began Wednesday, then will continue on Monday, 83rd Judicial District Judge Robert E. Cadena told prospective jurors during the selection process.
Jury selection began Monday morning in the historic Paul Poag Theater for the Performing Arts.
The 117 prospective jurors who answered their summonses sat in the area of the theater where the audience would normally sit.
District Attorney Suzanne West and her staff sat at a table placed just below the left side of the stage, and Brown, his attorney Alberto Ramon, and two sheriff’s office deputies serving as guards sat at a table below the right side of the stage.
Cadena and his court reporter and members of the district clerk’s staff were seated at tables on the stage.
Cadena thanked those who showed up for jury selection, calling jury service “one of the pillars of our democracy.”
The judge also spoke about the requirements to serve on a jury and noted there were a number of reasons citizens could be exempted from serving, and once he asked those present if they wished to claim one of the exemptions, about 30 were excused.
West then began the voir dire process, which Cadena explained was an Old French term that translates as “true say,” and which means “to speak the truth.”
The purpose of voir dire, the judge said, was to find jurors who could be fair and impartial.
West went over several legal concepts with the remaining pool of prospective jurors, including the law of parties and reasonable doubt.
If chosen for the jury, could they, she asked, find someone guilty of murder, even if that person did not directly cause an individual’s death, but where they believed the law of parties applied?
She informed the prospective jurors the state is never required to prove a motive for a crime, although that is the one question most people have about a criminal act.
West also told the prospective jurors although the state must prove its case against Brown beyond a reasonable doubt, it does not have to prove the case beyond any doubt.
After West finished quizzing them, the prospective jurors also heard from Brown’s attorney, Ramon, who noted, “Trials are dramas, so being in a theater is somewhat appropriate.”
On a more serious note, Ramon urged anyone selected for the jury to be impartial.
“You are the people who have the power to decide the fate of my client,” Ramon said.
He asked anyone who felt they could not be impartial to excuse themselves from the process, though no one did.
After the questioning, Israel Prieto, one of the District Clerk Jo Ann Cervantes’ clerks, announced the names of the six women and six men who will hear the case. Two alternates, both women, also were selected.
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