Darius Miles Trial: Can the court find a jury?

TUSCALOOSA, Ala (WIAT) – Darius Miles is still waiting for his capital murder case to head to trial, but his criminal defense attorneys think finding a jury will be a challenge.

A jury will be tasked with finding the former University of Alabama basketball player guilty or innocent for the possible role he played in the death of Jamea Harris. If found guilty, he could spend life behind bars.

“One thing that folks trying to understand this case need to remember, this is still a capital murder case,” Criminal Defense Attorney Stan Glasscox said.

The death penalty was taken off the table, but a guilty verdict means a life in prison for the former University of Alabama basketball player.

“He will die wearing clothes belonging to the state of Alabama, in a bed that belongs to the state of Alabama,” Glasscox said.

That decision will be left in the hands of 12 people – the jury.

“I think it will be difficult to find enough jurors to try this,” Criminal Defense Attorney Joel Sogol said.

In any jury trial, a jury pool is called. It’s a wide array of individuals who are vetted by the judge, prosecution, and defense. In a capital murder trial, a pool of at least 40 people are needed Sogol said.

“One of the issues will be has anyone heard anything about this case, and I’m guessing most everybody has,” Sogol said. “The other issue is what have they heard and what kind of opinion do they have about what happened.”

Given Miles played for a top SEC school and the shooting happened right outside of campus – the case received a lot of publicity locally and nationally.

Sogol believes the jury selection process will be what slows down Miles’ trial.

“I would think that they’re going to have to have an awful lot of jurors,” Sogol said.

In Sogol’s experience representing clients in high profile cases, a large jury pool has led to jurors sharing what they know, what they heard, and what they think they know about the case.

“That’s a problem,” Sogol said. “You’re basically poisoning the whole panel, so there may be a need to do individual questioning as to pre-trial publicity and who knows what and what they believe.”

If the judge decides to do individual voir dire, it will be even longer before Miles’ case heads to trial. But on Friday, there is a hearing to see who is ready.

“My guess is, from what I’ve heard – not that I have firsthand knowledge – is that they’re getting ready to try this case,” Sogol said.