Jury selection in 'Charleston 9' trial of Dylann Roof postponed
CHARLESTON – A federal judge on Monday postponed the first day of jury selection in the trial of Dylann Roof.
U.S. District Court Judge Richard Gergel said he needed to privately hear a motion filed by Roof's attorneys earlier that morning.
The move came moments after Roof, wearing a gray and white striped Charleston County Detention Center uniform and without handcuffs, entered the courtroom. He is accused of killing nine black people during a Wednesday night Bible study at Emanuel African Methodist Episcopal Church in June 2015.
Gergel said the motion from Roof’s defense counsel required his “immediate attention.” The document was filed under seal and the hearing was to involve only Roof and his attorneys. Prosecutors, the media and the public were barred from attending.
“The closing of the hearing is necessary to protect the attorney-client privilege and the defendant’s right to a fair and impartial jury and a fair trial,” Gergel said, reading from a brief statement.
At the time of the announcement, about 30 people - all African-Americans – were seated in rows behind prosecutors and reserved for family members of the “Charleston Nine.” Roof, 22, is white.
About a dozen members of the general public and another dozen members of the media also were in the courtroom.
In a 10 a.m. hearing where interested parties could object to the closure of the hearing, lead prosecutor Jay Richardson said he had no qualms with the private meeting, but said he did want to express frustrations from several family members who appeared.
Several members of the media also registered objections, with Gergel noting that the hearing would be transcribed and those portions that do not violate Roof's right to a fair trial or violate attorney-client privilege would be released, pending his review.
One member of the public, Cheryl McGinnis, addressed Gergel, saying she had no tie to the shooting, but arrived in a show of support with victims.
"I'm a mom from New York City and I feel very strongly that the public deserves transparency," McGinnis said. "I understand attorney-client privilege, but I do feel strongly we need as much transparency as possible."
In an order filed Monday evening, the judge did not disclose the nature of the closed hearing, and using the words of a journalist who earlier objected to its secretiveness, wrote that “the country and the world are watching.”
“This is an unusually sensitive period in this proceeding where highly prejudicial pre-trial publicity could taint the jury pool and make the selection of a fair and impartial jury increasingly challenging,” Gergel wrote. “Given the pervasive coverage of today’s proceedings, a prospective juror may accidentally overhear some information.”
Roof’s right to a fair trial and attorney-client privilege outweigh First Amendment guarantees, he wrote in the six-page document, one which contains several redacted lines that appear to describe discussions during the closed-door hearing.
The court had previously announced it would not hold jury selection on Tuesday, Election Day, and the process is scheduled to resume Wednesday.
Roof had offered to plead guilty in exchange for a life sentence, a deal that was rejected by federal prosecutors who are seeking a death sentence.
Twenty prospective jurors are scheduled to be interviewed each day, with 10 reporting in the morning and another 10 arriving for questioning after lunch.
The jury pool, which began when summonses were issued to 3,000 residents in Charleston County and eight surrounding counties, was narrowed to 512 by late last week.
Some jurors were earlier excused “for cause” – common-sense reasons like familiarity with a trial participant or inability to leave a small child. Those who moved on completed a questionnaire.
Based on questionnaire answers, the court, with input from defense attorneys and prosecutors, determined many of the candidates were not qualified and excused them.
In a death penalty case, prospective jurors who say they would not be able to recommend a sentence of execution are not considered for a final panel, as are those who seem overzealous regarding the death penalty.
Jury qualification will continue until 70 members of the pool who are deemed qualified by the court, a process that at its earliest could end early next week, but could take much longer depending on the pace of the proceeding.
Following the selection of the 70 prospective jurists, defense attorneys and prosecutors can begin striking members of the panel. Under federal rule, each side is allowed 20 strikes. Gergel has additionally allowed the prosecution and defense another three strikes each, to be used only for alternate jurors, until a panel of a dozen jurors and six alternates is reached.