YOUNGSTOWN Jury selection moves rapidly in Koliser trial

The county prosecutor expects a jury to be seated by the end of the week.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- Selection of jurors in the aggravated murder trial of Martin L. Koliser is progressing faster than expected, and testimony could begin as soon as Monday.
"That's what we're hoping," said Mahoning County Prosecutor Paul Gains. "You never know, but we're hoping."
Koliser, 30, of Boardman, is charged in the April 29 death of Youngstown patrolman Michael T. Hartzell, who was shot while sitting in his cruiser on West Federal Street.
Koliser also is accused of attempted murder for the wounding of Donell T. Rowe with a gunshot about two hours before Hartzell was shot.
The jury is being chosen for a trial in common pleas court.
Because Koliser could face the death penalty if he is convicted of Hartzell's murder, jury selection is taking longer than it would in a nondeath penalty case. Lawyers had expected it to take about three weeks.
But Gains said Monday that the process is moving quickly and he expects a jury to be seated by the end of this week. If that happens, Judge R. Scott Krichbaum said testimony will begin Monday.
Peremptory challenges
The selection process began Oct. 14, and by Monday 12 prospective jurors were seated. By mutual agreement, lawyers for each side can excuse up to six potential jurors for any reason after questioning them about their background and beliefs. That is known as a peremptory challenge.
Prosecutors used two peremptory challenges Monday, and Koliser's lawyers used one.
Under the law, lawyers also can excuse a potential juror "for cause," meaning they don't believe the candidate could be impartial or follow the law for some reason. There is no limit to how many jurors each side can challenge for cause.
Once a prospective juror is excused, another one is seated in his or her place and is questioned by the judge and by the lawyers. The process will continue until a panel of 12 jurors and four alternates is seated.
Gains said he's confident there are enough prospective jurors in the pool to seat a jury this week.
bjackson@vindy.com