82-question form to help whittle number from 300

By Peggy Lowe And Charlie Brennan, Rocky Mountain News
August 28, 2004

EAGLE - Three hundred Eagle County residents who showed up for jury duty Friday for the Kobe Bryant rape case were asked to describe their feelings on interracial relationships, marital infidelity and sexual assault.

The 82-question form touched on class, the courts and even sports. According to a version obtained by KCNC Channel 4, the questionnaire also identified the alleged victim by name.

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"Do you think that people who make a lot of money are treated better by our court system than other people?" one question read.

Another question asked, "Have you ever been afraid of, or had any negative experience with, an African-American individual?"

Although the NBA's superstar wasn't there, hundreds of residents came to the Eagle County Justice Center in four timed waves, facing a phalanx of photographers who weren't permitted to take their pictures.

During the course of the day, county residents straggled in, each clutching their summons. They came dressed in work uniforms, sandals and cowboy boots, wearing a duty-bound expression and, by all reports, taking the matter seriously.

But it's unlikely you'll know them - at least for a while. Chief District Judge Terry Ruckriegle intends to keep the panel members' identities secret, and several photos had to be viewed by court personnel. Despite photographers' pleas, court officials wouldn't allow pictures or video of the people's shoes or even their shadows.

Despite massive worldwide publicity about Bryant's case, a jury of 12, plus two alternates, can be found, said Karen Salaz, a state judiciary spokeswoman.

"People ask if we can find people who haven't heard about the case," Salaz said. "That's really not the question. The question is whether we can find people who can set aside what they have heard or seen."

The 300 who reported represent less than one-third of the 999 people who were sent summonses last month. Prior to Friday, it was already known that 165 summonses had proved undeliverable, and another 150 people had been excused because they had moved or didn't have U.S. citizenship.

So will all those people who didn't show up get arrested? No, Salaz said, because the one-third turnout is typical in Colorado, due to poor databases.

"At this point, we have a sufficient pool, so we're not going to worry about it," Salaz said.

The weekend will now be spent by Bryant's attorneys and prosecutors in whittling the jury pool down to those who will be called back for further consideration. After lawyers huddle with Ruckriegle in a 3 p.m. meeting Sunday, they will create a list of those they want to question further. Each person who filled out a form was asked Friday to call a court number on Sunday night to learn if he or she must return to court next week.

On Monday, 25 to 30 people will be set to show up, and then, one by one, they will be questioned by the lawyers in front of the judge. They will be asked "questions a person might be uncomfortable talking about in open court," Salaz said.

That same procedure will be followed Tuesday and Wednesday. Court officials said they hope that by Thursday morning, questioning can be done in open court.

It won't be lucrative duty for those who are ultimately selected to serve. They'll be working for free the first three days of the trial, and will then collect $50 per day after that.

Currently, there are no plans to sequester the jury by sending them to a hotel each night so that officials can more effectively limit what they might hear or see in news coverage or through friends and family.

Denver attorney Dan Recht, past president of the Colorado Criminal Defense Bar, doubts it will be necessary.

"Sequestration is really very rarely used anymore" in Colorado, he said, citing "the emotional toll that it takes on jurors, with weeks and weeks away from their homes and families."

Once the trial is under way, the 20-year-old alleged victim will have a sizable support group on hand. Nancy Lewis, executive director of the Colorado Organization for Victim Assistance, said COVA will have five or six advocates in the courtroom every day.

"It's a way to show support to the family and the (alleged) crime victim in this case," she said. "It's not a protest. We're not wearing signs."

People Vs. Kobe Bryant

300 Potential jurors who showed up Friday to fill out questionnaires.

12 Satellite dishes on top of TV trucks parked across from the Eagle County Justice Center.

11 TV platforms made of two-by-fours and plastic canvas, that sit off the courthouse parking lot.

5 Media trailers the size of mobile homes on the courthouse grounds and across the street. Another one is on the way to act as a listening room during the trial.

2 Inquiries that court personnel received from the public this summer about attending the trial.

The questions

Some of the questions that 300 Eagle County residents were asked Friday in a jury service questionnaire in the Kobe Bryant rape case:

• Do you follow professional basketball? What are your favorite teams?

• How do you feel about interracial relationships?

• Do you have particular feelings about, or have you or anyone close to you ever been affected by or involved in a situation of marital infidelity?

• Have you or anyone close to you, including a child, ever been the victim of any form of sexual assault? (This includes actual or attempted sexual assault or other unwanted advances, including by a stranger, acquaintance or family member.)

• Do you think that people who make a lot of money are treated better by our court system than other people?

• Have you ever been afraid of or had any negative experience with an African-American individual?

• Which of the following best describes your opinion of professional basketball players: very positive, positive, negative, very negative? Please explain.

• Do you have any opinions about Kobe Bryant?

• Have you ever been employed by, done business with, visited or stayed at the Lodge & Spa at Cordillera?

Potential jurors also were asked:

• If they know the alleged victim - who was identified by first and last name in the questionnaire - or her parents.

• If they knew anyone involved in the case, including attorneys.

• What they had heard about the case.

lowep@RockyMountainNews.com or 303-892-5482

Copyright 2004, Rocky Mountain News. All Rights Reserved.