By Patrick Tepoorten

On Friday afternoon, Feb. 8, after almost five days of the extensive and sometimes deeply personal testimony of potentials, the jury count for the Craig Fleming trial stood at 12. In interviews during the  Thursday session, questions about alcohol, firearms, and personal relationships with violent crime were numerous.

Between 11 a.m. and 2:30 p.m., with the jury count at seven, the court and attorneys interviewed four prospective jurors, three women and one man.

All were asked an opening series of questions by 10th District Court Judge Douglas G. Swenson designed to insure the potential juror understood the upcoming process, could approach it from an unbiased viewpoint, and could withstand the personal hardship of a trial that could take three weeks or more. But he also hinted at elements of the trial, asking individuals whether evidence about the use of alcohol or of a graphic nature would prevent them from being impartial.

Of the four, all three women interviewed were challenged by Fleming’s defense attorney, Gregory J. Rebeau, who had seven of 15 challenges left by the mid-afternoon break. Two, both between the age of 30 an 45, had personal relationships with victims of gun crimes - in both cases the victim died  - and were queried about their feelings and the legal system.

“It was hard to see her lose her son,” said one of a friend, while the other expressed dissatisfaction with the legal outcome in another case. “It just doesn’t seem right to do ‘two to five’ for something you meant to do,” she said.

The third potential juror, also a woman between the age of 40 and 55, was married to a law enforcement officer within Chisago County. She was asked extensively about their relationship; how often they talk, do they talk about his job, how often, and so forth.

The fourth potential juror, a male between the age of 45 and 60, did not have any past experiences with violent crime, and was asked by Rebeau primarily about his feelings towards police officers and affinity for crime books-on-tape. He responded that he had “a lot of respect for police officers,” but that he understood they can also make mistakes. He professed to listening to 50 crime books-on-tape over the last year and admitted that he is “intrigued by the process” of being a juror.

Accepted by the defense, this fourth potential juror gave prosecutors their first chance to ask questions. More general in nature, questions ranged from whether he took the advice of others when making difficult decisions and if he sees himself as introverted or extroverted, to if he was fine with the idea of finding someone guilty based on evidence. With the state’s acceptance of the juror it retained the majority of its challenges, still with eight of their original nine.

Judge Swenson noted from the bench that he expected to start hearing trial testimony by Monday morning (Feb. 11), but it is still possible it could be later. He also instructed potential jurors that the trial could take two-and-half to three weeks, or more.

Since Thursday, a source within the court house confirmed that the court would call six more potentials to the stand Friday afternoon to find the two alternate jurors needed to move forward. It is expected the trial will move forward as planned on Monday morning.

UPDATE: As of Friday at 3:30 p.m. an entire jury, with alternates, has been settled upon. Testimony is scheduled to begin Monday, Feb. 11, at 9 a.m.

Check “Fleming on Trial ” as the trial unfolds.

For more on Fleming, see "Fleming: The back story ."