Feb. 2 NORTH CAROLINA: Jury Selection Under Way in Capital Trial The triple murder trial of William Garfield Little Jr. could last a month or more. It began Monday in Moore County Superior Court. Superior Court Judge Jerry Cash Martin feared that the 275-person jury pool might prove too small to impanel a jury. "We probably will not have enough," he said. "I propose to summon at least 100 to report at 9 a.m., Feb. 7, 2005, Monday." About 125 potential jurors had been summoned for the first day. Of that number, 73 were served; but only 48 actually showed up. Another 75 had been summoned for Tuesday, and 35 served; 50 were called for today, with 19 served, and 25 for Thursday, with only 6 served. Clerk of Court Catherine Graham, anticipating such an order, was waiting in court to receive it. The case could take weeks to try, the court advised the 48 men and women. It is expected it will take more than a week just to select a jury. A number of potential jurors were excused. Some had personal difficulties. One New Jersey man had moved to North Carolina to care for his aged, blind mother who now has terminal cancer. He was excused. Another man, about to undergo radiation therapy for prostate cancer, was excused. Martin heard from a Sandhills Community College computer science student whose heavy schedule includes 23 semester hours of technical studies. "You are exactly the kind of juror we are looking for," he said, excusing the student until a break in classes would permit service. Others, willing to serve, did not qualify, being on probation for felony convictions. One man stood to tell of his time in prison. He said he had completed his probation. Martin kept him in the pool. Once a felon has served out any sentence and probationary period, he or she qualifies for jury duty, the judge said, thanking the man for his frankness. "Well, I didnt want to break another law," the man said. "I've had enough." His confession brought laughter from the others. Little is on trial for his life. Martin explained at some length the procedure in which a jury first hears evidence as to guilt or innocence of a defendant. When the charge is 1st-degree murder, if the jury returns a guilty verdict, then either the same or a different panel must decide the penalty: death or life without parole. Judge solely on the evidence presented, do not do any detective work on your own, avoid watching, reading or hearing any reports about the trial, Martin cautioned the panel. "Your duty is to keep an open mind," he said. Martin described in general terms the nature of the 3 charges of 1st-degree murder and one of assault with a deadly weapon with intent to kill or inflict serious injury. He introduced assistant district attorney Alan Greene, who will handle jury selection for the state, and Warren McSweeney, who will begin the presentation of evidence. He introduced the defendant, and his attorneys, Mike Howell and John Britt, of Durham. He said the trial would begin with opening statements. "Opening statements are not evidence," Martin said. "They are intended to give you a forecast of what the evidence will show. At this point, no one can know what the outcome will be." Before being seated, jurors must answer questions about their willingness and ability to apply the law. Should there be a guilty verdict, they will choose between life and death. 3 things must be proven for them to have to return a death sentence. "One or more aggravating circumstances," he said. "(You would have to find that) any mitigating circumstances are insufficient to outweigh the aggravating circumstances. Third, the state must prove the aggravating circumstances are sufficient to justify the death penalty." Little is accused of participating with Kevin Nicholas Brower in a June 3, 2002, shooting spree that took the lives of Jose Luis Zapatero, 38, of Robbins; Emedel Rosas Hernan-dez, 23, of Rob-bins; and Elmer Adan Carbajal, 25, of Candor. Brower will be tried separately, probably sometime this summer. He is represented by Bruce Cunningham of Southern Pines, and James R. Van Camp of Pinehurst. Cunningham was in another county on a different capital case. Van Camp sat in the courtroom, taking note of the proceedings. Their strategy in the Brower trial may depend on what happens in court at Littles trial. Littles mother and sister watched from a seat behind the defense table. (source: The Pilot)
