Two out of the three murder trials in Leflore County Circuit Court this year have been affected by a low percentage of people showing up when they are summoned for jury duty.
It’s an ongoing problem, officials say, and they’ve grown weary.
“We average about a 20 percent return,” said Leflore County Circuit Clerk Trey Evans, who has held the clerk position for 17 years. “That’s been the norm since I’ve been in office.
“When people don’t show up, for whatever reason they might have, it hinders the legal process.”
The latest instance came during the Jermorris Pilcher murder trial in early April. The clerk’s office summoned 450 people for jury duty; “about 90” showed up, Evans said.
“Very rarely, if you ask me, do people simply choose to not show up for jury duty,” Evans added. “People will always say, ‘Let’s clean up the voter roll.’ Well, it’s not that easy.”
Ultimately, Pilcher’s trial did not suffer and went off without a hitch. However, it moved forward with only 12 jurors – two less than normal, as no alternates were in place.
“Luckily, we were able to get through that trial without a problem,” District Attorney DeWayne Richardson said.
Roughly one month prior, however, the court wasn’t as lucky.
Tavoris Scale’s murder trial, in early March, was forced to move forward with only 13 jurors. When two jurors came forward during that trial’s opening arguments claiming to know the parties involved, Circuit Judge Betty Sanders was forced to declare a mistrial.
“It’s important to get these things done the first time around because of the costs it puts on the county,” Richardson said. “When you have to do it again, it puts that cost back on the county, when that money could be utilized in other areas.”
Scales’ trial was rescheduled for early April.
“With something like a murder trial, you’re going to have witnesses, expert witnesses, law enforcement officers and others all testifying,” Evans said. “The costs add up quickly.”
Richardson, who serves as district attorney for Leflore, Sunflower and Washington counties, said the problem isn’t unique to Leflore.
“Sunflower is not as bad,” he said, “but overall, it is a problem throughout the district. Whether it’s a case of people forgetting or just choosing not to show up, it has become a problem.”
Richardson urged people to fulfill their “duty” to serve on juries.
“The more people show up, the better chance a person has at getting a true cross-section of their peers. But more importantly, a person should want to exercise their right to serve.”
Under state law, a person who receives a jury summons and doesn’t show up can be jailed for up to three days, fined $500 and ordered to complete community service.
“If you have a valid reason or privilege, like being over the age of 65, you should come in and be excused,” Richardson said. “That way you don’t run the risk of having the sheriff’s department show up on your door step and haul you down in front of the judge and make you explain why you didn’t show up.”
Evans, though, turns back to the monetary setbacks poor turnout causes.
“It takes a lot to get all the people required for trial lined up to be in court on a specific day,” Evans said. “Then, when you can’t seat a jury, it puts you in a bad position; it throws you a costly curve. There are thousands of dollars that go into these things.”
