CENTENNIAL | With a steady stream of prospective jurors reporting to court in the Aurora theater shooting case, the judge said Friday jury selection could be cut short by a few days.
During nine days of jury selection, about 2,200 prospective jurors have reported to court so far. The two sides have agreed to release about 870 jurors, leaving about 1,300 who have completed their questionnaires and could still serve as jurors.
Judge Carlos Samour Jr. said about 130 prospective jurors have reported to court for each session, a figure he said he is very happy with.
“Frankly, I think the citizens of Arapahoe County deserve kudos, they have stepped up to the plate,” he said.
At the rate prospective jurors are reporting to court now, Samour said he would like Feb. 9 to be the last day of the initial phase, instead of Feb. 13.
If the two sides continue to keep about 150 jurors per day, that would leave about 2,000 still eligible at the start of the next phase.
Prosecutors opposed shaving a few days off the initial phase, but the defense supported the idea.
Deputy District Attorney Rich Orman said he was worried jurors who initially said serving wouldn’t be a hardship will change their mind when they have a few weeks to think.
Orman said he has been surprised how many jurors have said serving on a five-month trial wouldn’t be a hardship. He said he expects a sizeable chunk of that group to change their minds.
“We just don’t know,” he said.
Orman said he would rather the court collect questionnaires on those last three days just in case they need them.
“I would rather have these jurors, these questionnaires, in our pocket if we need,” he said.
Samour said he is leaning toward ending the initial phase early, but said he won’t make a decision until Monday.
For the next phase, which includes individual questioning of jurors over a 16-week stretch, Samour said he will use a defense-preferred plan and call 12 jurors per day and give the two sides 20 minutes to interview each person, at least to start with. Samour had been considering calling 18 per day and limiting the two sides to 10 minutes with each.
The goal is to whittle the pool to about 120 qualified jurors by the end of that 16 weeks. From there, the two sides will choose 12 jurors and 12 alternates.
At the current pace, Samour said he is willing to give the sides more time to speak with each prospective jurors. But, he cautioned, if the sides are not able to keep pace and choose about 8 jurors per week, he might have them call in more jurors and question them for shorter stretches.
“We might have to adjust at some point,” he said.
Between 900 and 1,300 prospective jurors will likely be questioned individually.
Holmes appeared in court Friday wearing a grey shirt and khaki pants. He sat quietly throughout the hearing.
Court is scheduled to resume at 8:40 a.m. Monday.