decorahnews.com analysis: The importance of jury selection during a trial

(Center of photo) Defense attorney William Kutmus

(by decorahnews.com's Paul Scott)

I have heard people talk after jury selection has been completed that "now the trial can begin."  Boy, are they missing the boat!

That's because trials begin the moment a judge and attorneys enter the courtroom.  There's been growing interest in recent years in whether scientific principles can be used to select a favorable jury--using the theory that picking jurors with certain backgrounds will go a long way to predicting how they will react to the evidence presented at a trial.

But the Fazzino murder trial going on in Decorah was an opportunity to see another reason the jury selection can be so important--it allows attorneys to try to frame the upcoming testimony in a favorable manner.

Defense attorney William Kutmus has been practicing law for 50 years or so and has been involved in a number of high-profile cases, so he knows what he's doing.  Kutmus used jury selection to make sure potential jurors knew that the law requires a presumption of innocence.  "He (Fazzino) is innocent at this very moment," he told the jurors.

Kutmus also discussed the difference between direct evidence--such as eyewitnesses--and circumstantial evidence, laying the foundation for future arguments by telling potential jurors the prosecution's case is only as strong as its weakest link. 

It was a good example of how important jury selection can be in a trial--especially when lawyers use it to prepare potential jurors for the arguments they will be hearing.