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HARTINGTON — A jury of nine women and five men was chosen Monday to decide the fate of David Phillips Jr. in his second-degree murder trial in Cedar County District Court.
Phillips was arrested March 1, 2023, and charged with second-degree murder, use of a firearm to commit a felony and possession of a stolen firearm in the death of 31-year-old Israel Matos-Colon, Fowlerville, Mich., at a cell phone tower worksite one mile north of Hartington.
The 12-person jury and two alternates was chosen at the end of a long day where District Court Judge Bryan Meismer, Assistant Nebraska Attorney General Corey O'Brien and defense attorney Todd Lancaster explained the trial process, then questioned potential jurors.
Eighty-six Cedar County residents spent most of Monday learning about the Nebraska legal system as prospective jurors.
Cedar County District Court Clerk Janet Wiechelman sent 100 notices out for people to appear for jury duty in the murder case, which is expected to run through Friday. Fourteen people were excused prior to Monday’s hearing.
Because of the large number of potential jurors, jury selection was held across the street from the Cedar County Courthouse at the Hartington Fire Hall.
After Meismer gave the potential jurors a brief explanation of the Nebraska legal system and the process of a jury trial, Wiechelman then swore in the potential jurors.
O’Brien then gave a brief description of the jury selection process before asking the potential jurors some general questions about their knowledge of the case, their knowledge of guns and whether they had already formed any opinions about the case.
The session was adjourned for two hours as Meismer and the attorneys met with several people who felt they should be excused for various reasons.
When the selection process resumed, Meismer excused 11 more potential jurors before O’Brien asked more specific questions to further whittle down the jury pool.
O'Brien told the potential jurors he was grateful to see them all show up for the day's proceedings, even though it might have been a hardship for some of them.
“I understand that the government is asking a lot of you. The government asked you to file your taxes today (April 15). Now the government has asked you to fulfill your Constitutional duty and sit on a jury. I’m truly sorry about that,” he said. “Service as a juror is a huge sacrifice. Everyone up here understands that. We will try not to let this linger on.”
O’Brien said he realizes j ury service can be a hardship for some people, he doesn’t want that to color people’s opinions, though.
“If for some reason, you are not excused. We hope you do not hold it against us or hold it against Mr. Phillips,” he said.
Agoodjury, O’Brien said, must contain people committed to the process.
“Somebody that’s going to be worrying about things at home or work an d won’t be able to keep their full attention on the trial, those people might be better off being excused,” he said.
The goal of the jury selection, or void dire, process is to put together an impartial jury, O’Brien said.
“We all have our own experiences. We need to figure out if there is something in your background that you can’t check at the door and give Mr. Phillips a fair trial,” he said. “We need to identify 12 of you that are impartial to both Mr. Phillips and the prosecution and defense.”
Both lawyers said they want to make sure the jury doesn’t have any preconceived notions about the case or the people involved.
“ This is uncomfortable, but it must be talked about,” Lancaster said. “Mr. Phillips is an African American man from Louisiana. We used to have certain racial views in this country. We’ve moved on from that. I want to make sure there is nothing about Mr. Phillips race or the color of his skin that would affect the outcome of this trial. I’m not calling people racist. I’m trying to ensure Mr. Phillips gets a fair trial,” Before dismissing the 14-member jury for the day, Meismer reminded them of their responsibilities.
They are not allowed to discuss the case, talk to any other jurors or anyone else involved in the case, visit any of the sites mentioned in the case or form an opinion on the case.
The trial was set to resume Tuesday at 9 a.m. in the Cedar County Courthouse.
Check www.hartington.netfordaily updates on the case. http://www.hartington.netfordaily
