Three more candidates were selected out of 11 prospective jurors interviewed on Wednesday for the murder trial of Paul Gutierrez Jr.

Thursday, February 21, 2002

Three more candidates were selected out of 11 prospective jurors interviewed on Wednesday for the murder trial of Paul Gutierrez Jr. One of two jurors chosen Tuesday was excused for childcare reasons, so thus far four of 12 jury seats were filled.

Judge James Broberg has decided to carry on the selection in a manner recommended by the Minnesota Rules of Criminal Procedure, which allows the defense and prosecutors to enter a challenge to attempt to remove prospective jurors during the initial interview.

Each interviewee will be examined first by the defense attorney, then by the prosecutor. Both sides can employ the challenge for cause, which questions the potential juror’s impartiality, and the judge will decide whether that person is excused or not.

Even if there is no question about the impartiality, the attorneys can use the preemptory challenge, which strikes an interviewee they don’t want without any stated reason. The defense has a right to dismiss 15, and the prosecutor has nine.

In the last two days, 16 prospective jurors went through the interview.

Five were dismissed by a challenge of cause. Defense attorney Michael J. York has used five peremptory challenges, while prosecutor William F. Klumpp Jr. from the Minnesota Attorney General’s Office has used two.

It is uncertain if the court can assemble 12 jurors and two alternates out of the 56-member pool it summoned. If necessary, the court administration office will draw more prospective jurors from a jury resource list on which randomly selected adult citizens in the county are recorded.

County Attorney Craig Nelson, who assists Klumpp in the trial, expects the selection process will speed up in the following days. &uot;At this moment, we think we know what type of juror each side is looking for. That may cut down on the time,&uot; he said.