Change of venue denied, openings start Monday in Stafford trial

MARKSVILLE — An agreement to accept two potential jurors as alternates led to a swift end Friday morning to five days of jury selection in the Derrick Stafford trial.

Both the state, represented by the Louisiana Attorney General's Office, and the defense have clashed over the potential jurors through what 12th Judicial District Judge William Bennett called "five days of a tedious voir dire process."  But both sides agreed just after 10 a.m. to accept the last two of three who had been interviewed.

After those two were sworn in, Bennett told them to return on Monday morning. Opening statements are expected to start at 9 a.m., and the trial could take another five days.

Stafford faces charges of second-degree murder and attempted second-degree murder in the Nov. 3, 2015, shooting that killed 6-year-old Jeremy Mardis and seriously wounded his father, Christopher Few. Stafford, who was moonlighting as a Marksville Ward 2 deputy marshal that night, would be sentenced to a mandatory life term if found guilty on the murder charge.

He had joined a chase of Few led by fellow deputy marshal Norris Greenhouse Jr. that stopped at the dead-end of Taensas Street and Martin Luther King Drive in Marksville. Few and Jeremy were struck when Stafford and Greenhouse opened fire, and Jeremy died at the scene.

Few has been recovering, and Greenhouse faces a June 12 trial on the same charges.

When attorneys emerged from the courthouse, both sides said they were eager to begin presenting evidence. Both sides also said race shouldn't play a part once evidence is presented.

Stafford and Greenhouse are black, while Jeremy and Few are white.

Assistant Attorney General John Sinquefield said the state doesn't believe race ever has played a part in the incident. Defense attorney Christopher LaCour said it was a part of jury selection, but didn't see it becoming an issue next week.

"Yeah, we've talked about race, and why shouldn't we?" he asked. "We are in the South. We have to make sure we're getting people who don't hold onto to those old-time ways that states in the South are known for. So that's why race was brought up in voir dire. As far as the case goes? I think the facts are going to be clear that race shouldn't have to be an issue."

After the alternates were sworn in, court was not recessed. Bennett asked the defense if they wanted to submit arguments on their change of venue motion that he had deferred back in late June 2016.

LaCour said Stafford has the right to a fair and impartial jury, but that the number of jurors dismissed by consent showed how difficult it's been to find those jurors. He pointed to at least one Facebook group whose members want to see Stafford found guilty, he said.

"Your honor, this community is divided, and this community knows about this case," said LaCour.

He noted that 600 jury summonses were sent to parish residents and remarked about the relatively small number of people who showed up. LaCour also pointed to comments made by officials, namely Louisiana State Police Superintendent Col. Mike Edmonson, and news that the Rapides Parish District Attorney's Office had considered whether to bring back 2011 rape charges against Stafford that had been dropped.

All of that meant it seemed "almost impossible" for Stafford to receive a fair trial in Avoyelles Parish, he said.

But Sinquefield said LaCour misconstrued what some of the potential jurors had said. He said most people who had heard about the case said they could put that aside and based their verdict on evidence that will be presented during the trial.

Sinquefield also said LaCour "ignored" the television interview that his co-counsel Jonathan Goins gave to a Baton Rouge television station. "I saw that run twice within a week of the trial," he said.

What the defense was doing was manufacturing evidence for their change of venue motion, he charged. Sinquefield said Bennett very carefully questioned the potential jurors and gave attorneys for both sides "great leeway" to do the same. He said that the case had received such publicity that potential jurors throughout the state have heard about it.

LaCour rebutted, again pointing to the Facebook group he said contains "inflammatory" comments about Stafford. "This community's mind has been made up," he argued.

He also cited crime scene photos that was on the group's page, but the state told Bennett that photo had been entered into evidence back in February, which made it a public record.

As Bennett began speaking, both LaCour and Goins were packing their files and computers at their table. Bennett stopped and looked in their direction.

"I know y'all haven't listened to a lot I've said, but I suggest y'all sit down and listen to what I have to say," he told them.

Full coverage: Read The Town Talk's coverage of the Jeremy Mardis shooting case

Bennett took issue with the defense's assertions about those who reported for jury duty. He said 300 summonses go out for all Avoyelles Parish trials, but the decision was made to double that for this high-profile case. Sixty-four people reported on Monday, while 65 reported on Tuesday, he said.

It's not known how many people were excused for medical or other reasons and didn't have to show up. More than 10 people didn't show or get excused, and Bennett issued bench warrants for them.

He did agree with the defense that most people had heard of the case, but said that didn't mean they could not serve on a jury. "That is the purpose of voir dire, to see if people can be fair and impartial," he said.

He said the week's process had "totally proved" that people in Avoyelles Parish could hear the case, and he disagreed with the assertion that the community was divided.

"I live in this community," said Bennett. "I don't see a divided community."