Seman trial moving to Portage County

Pretrial publicity affects ability to seat impartial jury in Valley

Staff report

YOUNGSTOWN

The capital murder trial of Robert Seman has been moved to Portage County.

Judge Maureen Sweeney filed a judgment entry Wednesday in Mahoning County Common Pleas Court after court officials in both counties made arrangements to have the trial there. A date has not been set yet.

The judge granted a defense motion to move the trial because intense pretrial publicity affected the ability to seat an impartial jury here.

Seman, 48, of Green, could be sentenced to death if convicted of the March 30, 2015, deaths of Corinne Gump, 10, and her grandparents, William and Judith Schmidt, during an arson in their Powers Way home.

The fire happened just hours before Seman, who was free on bond at the time, was to go on trial on a charge of raping the girl, a charge which carried a potential life sentence because of the age of the victim.

Judge Sweeney’s decision Wednesday came after jurors reported for orientation Feb. 3 and before they were able to be questioned individually. It is the second time in the case that jury selection has been halted. Jury selection was halted in September after one day of individual questioning of jurors after a potential juror made disparaging remarks about Seman to other members of the jury pool.

Death-penalty specifications that Seman meets include killing two or more people; killing someone in the commission of a felony, in this case aggravated burglary and aggravated arson, of which he is also charged; wanting to escape prosecution from a crime; causing the death of someone under 13; killing the victim or witness to a crime; and premeditation.

If Seman is convicted, a second phase, or mitigation phase of the trial, will then take place. There, defense attorneys will offer evidence to jurors as to why they should spare Seman’s life.

Only a jury can recommend a death sentence. Judge Sweeney can accept or reject that recommendation.