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Seman trial to stay in Mahoning County — for now
By Joe Gorman
YOUNGSTOWN
The Robert Seman capital murder trial is staying in Mahoning County – at least for today.
Judge Maureen Sweeney ruled Tuesday that she wants to question potential jurors individually today before ruling on a motion filed Monday by defense attorneys to move the case because of pretrial publicity.
A hearing took place Tuesday, before the judge issued her ruling in the afternoon.
Seman, 48, of Green Township, could face the death penalty if convicted in the deaths of Corinne Gump, 10, and her grandparents William and Judith Schmidt in the March 30, 2015, arson at their Powers Way home. The fire took place just hours before Seman, who was free on $200,000 bond, was to go on trial on a charge of raping the girl, which carries a potential life sentence if convicted.
Defense attorneys asked that the jury pool be dismissed, a mistrial declared and the trial moved out of the county because of intense publicity in the case. Defense attorneys said many potential jurors have heard of the case, according to questionnaires they filled out before reporting for orientation Friday.
Prosecutors countered arguments by defense attorneys about publicity by saying that the law requires potential jurors have an open mind about the case. They said it does not matter if they have heard about the case as long as they have not yet formed an opinion on it.
This is the second time potential jurors have been called for the case. In September, jury selection was halted after it was discovered a potential juror was discussing the case with other potential jurors. At that time, defense attorneys asked for a change of venue, and Judge Sweeney ruled then that she wanted to question potential jurors individually before deciding if the trial should be moved.
The process never got that far, however, before Judge Sweeney declared a mistrial because of the remark.
The potential jurors who were brought in for orientation Friday were expected to come in individually beginning this week to be questioned by the attorneys about their views not only about the case, but how the publicity affected them, and about their views on the death penalty.