How Rittenhouse jury might take shape
Lawyers might have to consider up to 200 people to finally seat the 12 jurors plus alternates who will ultimately decide the fate of Antioch resident Kyle Rittenhouse when jury selection begins today just across the Wisconsin border in Kenosha.
That's the opinion of legal experts regarding the high-profile case that arose out of days of civil unrest in August 2020.
"It's going to have to be a very large pool," said Michael Cicchini, a Kenosha-based criminal defense attorney and author with more than 20 years of trial experience. While jurors are expected to be impartial, they don't have to lack all knowledge of the case, he said.
"Even if they know about it, it doesn't necessarily mean they aren't qualified to serve as a juror," Cicchini said.
Rittenhouse, now 18, faces homicide charges in the deaths of two men and wounding of another when he opened fire while being chased by protesters who had gathered for a third night following the shooting of Jacob Blake by Rusten Sheskey, a Kenosha police officer.
Blake, a 29-year-old Black man, was shot seven times in the back. No charges were filed against Sheskey, who is white. Kenosha County District Attorney Michael Graveley said in January the officer told investigators Blake turned toward him with a knife.
Blake's shooting, which left him paralyzed, sparked protests, riots and looting throughout Kenosha for several days.
Rittenhouse, then 17, is claiming self-defense. But prosecutors said the teenager was illegally acting as a vigilante when he showed up to the protests with a rifle. Rittenhouse and the three men who were shot are white.
Terry Rose, a veteran attorney in Kenosha who has practiced criminal defense there for 54 years, said it should take about two days to seat a 12-member jury and alternates.
That's faster than some might expect and mainly because of the state's jury screening process.
"It's a limited voir dire and not as extensive as you might find in other states or what you see on TV," he said. "The judges are rather restrictive in the questions attorneys can ask of individual potential jurors."
Judge Bruce Schroeder is not allowing questionnaires, which can help attorneys whittle the pool, to be sent to potential jurors in advance. Schroeder said the inclusion of such questionnaires might prompt potential jurors to research or talk about the case ahead of jury selection.
"Judges in Illinois take a more passive role during jury selection and give a lot more leeway," said Alan Tuerkheimer, founder of Trial Methods, a nationwide jury consultation firm based in Chicago.
"In Wisconsin, the judges tend to be a little more strict in terms of taking control of that process and limiting the types of questions to jurors, so he's probably signaling to (the attorneys) that this is not going to be a circus and he's not going to let them get into all aspects of a juror's personality."
Jurors can come from anywhere in Kenosha County, but about 60% of the population lives in the city itself.
Because the protests and rioting had a direct effect on many potential jurors, the three experts expect a larger than average number will be immediately dismissed during basic questioning, which involves 20 or so prospective jurors at a time.
Tuerkheimer believes some candidates might worry about the potential for more turmoil arising from a verdict, and they would very likely be dismissed.
"If you indicate you're just not comfortable either way, they'll undoubtedly strike you," he said.
Terry Ekl, a longtime criminal defense attorney in Illinois who is also a former prosecutor, said, "If a juror has legitimate emotional concerns about being on the jury, then they shouldn't be on the jury, period."
Attorneys on each side will get a set number of "peremptory challenges" allowing dismissal of a small number of potential jurors - usually four in Wisconsin - without cause.
Legal experts say the number of strikes allowed to each side in this case will likely be more than the judge might normally allow.
Compounding the difficulty for lawyers on both sides is that they will be looking to seat different types of jurors than they would seek in many cases.
For this trial, prosecutors want jurors who are anti-gun with more liberal political leanings, while the defense will be looking for jurors who are pro-law enforcement and more conservative.
"You always have to rely on your gut during jury selection no matter what, but this might require more of that than usual," said Waukegan-based criminal defense attorney Doug Zeit.
"Sometimes you get it right, and sometimes you don't."
Cicchini said juries he's had recently in Kenosha County are predominantly women, for some reason.
"And most juries are predominantly white with a small number of Black and Hispanic jurors from time to time," he said.
"Racially, the juries mirror the population demographics pretty closely."