More than 400 Blaine County residents were summoned into 5th District Court in Hailey this week to fill out questionnaires to help attorneys begin determining who they want or don't want to serve on a jury for a high profile murder trial in February.
Sarah M. Johnson will stand trial Feb. 1 for allegedly shooting and killing her parents at the family's Bellevue home on Sept. 2, 2003. At the time of her parents' death, Johnson was 16, but she is being tried as an adult. Johnson's birthday is on Jan. 24, and when the trial begins, she will be 18.
Six groups of prospective jurors were called in over two days, beginning Tuesday, Dec. 14. However, roughly 100 of those who were called did not show up, and 5th District Judge Barry Wood scheduled a hearing on Dec. 23 for the no-shows to explain why they couldn't make it.
"If jurors don't show up when we have a trial scheduled, and they're summoned in, they're ordered to come in and show cause why they should not be held in contempt," said Blaine County Deputy Prosecuting Attorney Justin Whatcott.
Whatcott said it is fairly common to ask potential jurors to fill out questionnaires in preparation for a big trial.
"This is real preliminary," he said. "We want to get these questionnaires so when we do get a jury, it goes faster."
The formal process of jury selection will begin on the first day of the trial, Feb. 1.
Whatcott said the questions and prospective jurors' answers to them are confidential.
Generally, he said, the questions are to determine whether people would be fair and impartial jurors.
For now, attorneys in the case will attempt to amass a 14-person jury, including two alternates, from Blaine County. Should that become a problem, they may attempt to secure a jury from elsewhere.
"If for some reason a jury could not be picked in Blaine County, it would be possible or likely that we would try to get a jury in Boise," Whatcott said.
Next week will trigger a six-week countdown to the trial's start date. Four hearings are scheduled prior to the trial for final pre-trial motions to be heard and for other final business to be put to rest.
Defense and prosecuting attorneys estimate the proceedings could take about six weeks. The prosecution alone could take up to four weeks to make its case, Whatcott said.
In a Nov. 9 hearing, defense attorney Bob Pangburn said it would take about five trial days for the defense to make its case.
Johnson, 17, is charged with the murders of her parents, Alan Johnson, 46, and Diane Johnson, 52. At an Oct. 30, 2003, press conference, authorities said they believe the then-16-year-old acted out of revenge when her parents forbade her from seeing Bruno Santos Dominguez, who at the age of 19 was Johnson's fiancé.
Santos Dominguez was deported to Mexico on Sept. 12, 2003, but as a result of the murder investigation he was brought back to testify, first as part of the grand jury proceeding that indicted Johnson.
Femling said Santos Dominguez is not considered a suspect or conspirator in the murders but was one of five "people of interest" previously under investigation. He is also an integral part of the suspected motive for the murders.
Sarah Johnson did not return home on Friday, Aug. 29, and on Aug. 30 of 2003, and her parents eventually found her at her fiancé's apartment, Femling said.
"They discovered that she had become engaged to him on Friday night," Femling said. "As the family dealt with this over the weekend, one of the resolutions was to get law enforcement involved. We believe that this incident, that she was about to lose her boyfriend, was a contributing factor."
Santos Dominguez has since been arrested on drug charges and is being held at the Blaine County Jail on a $10,000 bond, as well as a $150,000 bond to ensure he does not flee the country or get deported again before the trial date.
