Corrections employees won't be excluded from Valdes jury 01/05/02

Saturday, January 5, 2002

Last modified at 12:36 a.m. on Saturday, January 5, 2002

Corrections employees won't be excluded from Valdes jury

By Rich Tucker
Times-Union staff writer

GAINESVILLE -- A judge Friday denied prosecutors' motion to exclude Department of Corrections employees as possible jurors in the trial of four corrections officers accused of fatally beating Death Row inmate Frank Valdes.

"I am satisfied that the jurors remaining this far in the proceedings will follow the law as instructed by this court," Circuit Judge Larry Turner said.

Jury selection began Oct. 12, and more than 2,900 Bradford County residents already have been summoned as prospective jurors from an eligible population of about 11,000.

Because most Bradford County residents work for the Department of Corrections or know someone who does, the prosecution has been concerned the area would not be able to yield a fair and impartial panel.

Prosecutor Mark Moseley argued to exclude corrections employees because he said they might feel pressure to acquit the defendants because they had worked for the same agency.

"All employees of the Department of Corrections and corrections officers in general have an interest in finding these defendants not guilty," Moseley said. "As one juror said, 'God forbid I find these defendants' guilty.'"

But defense attorney Hank Coxe asserted that all prospective jurors still being considered had said they could be fair and impartial, despite the nature of their employment.

Also during the hearing yesterday, Turner denied a motion by the prosecution that would have given attorneys for both sides the ability to excuse 84 additional jurors. Right now, each side may excuse no more than 19 jurors from the 58 who have survived prior rounds of interviews. That group will be questioned further Monday.

Lead prosecutor Greg McMahon yesterday also entered a motion announcing the state's intention to seek a change of venue. The defendants have said they would object to any attempt to move the trial.

Florida case law, crafted to protect the defendants above all else, says finding a fair jury must be "practically impossible" for a trial to be moved against defendants' will.

Staff writer Rich Tucker can be reached at (904) 359-4169 or via e-mail at rtucker@jacksonville.com.