Circuit Judge Michael Taylor almost had a jury-pool mutiny on his hands at mid-afternoon Tuesday after potential jurors expressed frustration and weariness with long hours awaiting completion of a trial necessity: selection of 12 jurors and two alternates.
About 3 p.m. when a judge’s assistant emerged to say the pool of about 60 could break until 3:10 p.m., many in the crowd shouted “No break — we’re about breaked out!”
The trial’s focus is the 2021 grand jury indictment of Terrance Alexander, who has pleaded not guilty to all charges involving criminal abuse of juveniles while he was an educator and arts promoter at the Jubilee Performing Arts Center in McComb.
Alexander’s indictment claims the alleged offenses occurred from 2012 through 2020.
Wearing a navy-blue suit, beige shirt and navy-printed tie, he sat quietly, taking notes with attorneys at the tables at the front of the courtroom. He is represented by attorney Price Henley of Copiah County.
Early in Tuesday’s proceedings, Circuit Clerk Roger Graves asked the full jury pool if any of them wanted to be in the courtroom — to a resounding “no.” By the middle of the afternoon, the remaining pool gently heckled and laughed with the potential jurors who sashayed across the courtroom after being excused by Taylor during questioning in his chambers.
Many became rowdier as time slipped by without jury selection.
Some of those not chosen for the jury this week may be recalled for other trials scheduled during this term of circuit court.
By 3:30 p.m. cooler heads prevailed as courtroom air conditioning increased and attorneys for each side began to ask more questions to gauge whether potential jurors had any biases that would prevent them from serving.
Prosecutors and defense attorneys got their shots at questioning others in the audience about whether they could be “the best jurors” in this case.
At 4:15 p.m., the judge and attorneys left the courtroom to decide the final jury panel. One hour later, the final panel included 10 women and four men, five of whom are Black and nine of whom are white. Two are alternates.
Throughout the morning, the courtroom was busy setting up jury selection and exemptions reduced the potential jury pool by half its original ranks.
From about 11 a.m. until 12:25 p.m., more than two dozen potential jurors were asked in private about their knowledge of allegations as the court seeks to seat 12 jurors and two alternatives. Earlier, less specific case-related questions excused nearly 40 voters called to the trial.
Private interviews continued when court re-convened at 1:35 p.m.
Taylor, prosecutors and defense attorneys began meeting with individual jury-pool members to determine if what they may have heard about the case or how they may be connected with the defendant and others could affect their fitness to judge the evidence in the case.
Also, Taylor “severed” or set aside four counts from the 10-count indictment — one claiming Alexander possessed child pornography and three claiming unlawful sexual contact with one minor. Recently, Alexander’s attorney filed a motion to set various charges aside and try them separately.
The judge’s decision became clear as he omitted portions of the original indictment in citing the specific accusations against Alexander.
But ADA Rodney Tidwell said those four counts are still active, just not during this trial.
More than 100 potential jurors began the selection process Tuesday. The trial is expected to last all week.
The prosecution team includes assistant district attorneys Robert Byrd, Tidwell and Mia Spencer-White.
More than 500 jurors were summoned to the Pike County Courthouse, a large number, but DA Dee Bates said Monday it’s not uncommon during the COVID pandemic to see only about 20% of those called answer their jury summons.
By the first morning break at 10:25, 37 people were excused from selection for the trial jury. The remainder of the jury pool faced additional questions to winnow the possible jurors. Two potential jurors were excused after telling the court they were acquainted with the defendant.
The state lists 19 potential witnesses to be called, plus “all witnesses subpoenaed by the defense,” and includes law enforcement officers, district attorney personnel and seven persons who may be listed only by their initials in the four-page Oct. 21, 2021 indictment.
After Alexander secured a new attorney, earlier trial dates were rescheduled to begin today.
It’s unclear how Alexander’s alleged victims will testify — in the indictment, they are described as minors or “under the age of eighteen” at the time prosecutors claim they were sexually abused by Alexander, who “was in a position of trust or authority” over them, “being a teacher and/or school administrator.”
Some courts allow minors to testify behind visual barriers to protect their physical recognition, but how Judge Taylor will handle their testimony is not known yet — many of them now adults.
