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Cedar Rapids, Iowa 52401
Over half of mock jurors in murder case question their ability to be fair
Trish Mehaffey Sep. 18, 2009 12:45 pm
About 62 percent of the mock jury panel in the Michelle Kehoe murder case in Buchanan County District Court today they had “reservations” on whether they could be fair and impartial, defense attorney Andrea Dryer said today.
Dryer said during a brief argument after the mock jury selection completed that 45 of 55 mock jurors had read or heard about the case, 22 of those had heard a “great deal” about the case, 34 others couldn't be fair and about 14 said they could be fair.
Assistant Attorney General Andrew Prosser told the court he believed they could have a fair trial. The jurors are going to form an opinion from day one just because of the facts of the case. Those negative opinions could come from jurors in other parts of the state because “the facts are the facts.”
Kehoe, 35, of Coralville, is charged with first-degree murder and attempted murder. She is accused of killing her 2-year-old son, Seth, by cutting his neck and attempting to kill her other son, Sean, also by cutting his neck, on Oct. 26 near Littleton. She also cut herself on the neck.
Kehoe appeared in court wearing a striped blouse and black pants. The scars on her neck from a self-inflicted injury seemed less visible. She sat quietly during the hearing.
Dryer told First Judicial District Court Judge Bruce Zager there also were several jurors who mentioned death of children or killing children in their remarks.
Prosser said when the jurors mentioned the death of children it had nothing to do with this case.
Prosser said there has been nothing reported in the media that's “blatantly prejudicial (to Kehoe) or markedly inaccurate.” Prosser was making reference to Dryer's motion to move the trial based on pretrial publicity.
Dryer asked for Zager to grant change of venue based on those results but Zager won't rule until next week. He said earlier in the day if he did move the trial it would be out of the Cedar Rapids, Waterloo and Iowa City areas.
The mock jurors were asked to fill out questionnaire consisting of facts and circumstances in the case and then about 16 were individually questioned by the attorney and Zager in chambers. The mock jury selection and questioning was closed to the media and the public.
Zager said he closed the courtroom to prevent “contamination” of the jurors in light of the defense's motion for a change of venue based on pretrial publicity in the case.
Michelle Kehoe

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