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Jury seated despite concerns over limited population
The trial of Jessie Johnson began as scheduled on Monday morning for charges related to the death of local man Doug Haar. Contrary to concerns expressed by defense attorney Don Fuller that it might not be possible, given the limited population in the local community, to find a fresh pool of potential jurors “untainted” by involvement in the Marty Smith trial, the selection process was successful and a jury was seated on Monday morning.
Opening statements from the prosecution suggested that Deputy County Attorney Linda Black would focus on the fact that the incident at Sundance Travel Center in the early hours of August 1, 2018 was entirely captured on camera, allowing the jury to see for themselves what happened. She told the jury that testimony for the prosecution would aim to support what can be seen in the video footage.
Fuller provided a considerably longer opening statement on Monday afternoon that appeared to center on the idea that many people were responsible for Haar’s death, including Haar himself.
Praising Johnson’s character, Fuller described Haar as having a “head full of jealousy and a belly full of booze” and called him a bully. He stated that Smith was “no peach” either and suggested her flirtatious behavior was partly to blame.
Fuller also called into question the response time of law enforcement and EMS and stated that this case is about a man’s right to defend himself and his loved ones.
As the trial is higher profile than most experienced in Crook County over recent years, the procedure was altered to accommodate. Safety rules and changes to jury selection reflected those instituted for the trial of Smith in February as an accessory to the alleged crime.
A total of 100 members of the community were called to serve for this week’s trial. Of that pool, 60 people went through the jury process on Monday morning with 40 held back in reserve in case a jury of 12 could not be selected.
Sheriff Jeff Hodge, at the request of Judge Michael Deegan, once again enforced rules for the benefit of the trial participants and general public. As of Monday morning, anyone wishing to enter the courtroom was asked to submit to screening, while the area immediately outside was blocked off.
Johnson was arrested on several felony counts after the suspected homicide last August. The jury will consider his guilt on charges of murder in the second degree, voluntary manslaughter, involuntary manslaughter and aggravated assault and battery.