SKOWHEGAN — A jury of 12 men and four women, including four alternates, was selected Wednesday from a pool of 200 in the murder trial of Jason Cote, of Palmyra.
Cote, 24, has pleaded not guilty to a murder charge in the July 2013 beating death of Ricky Cole at Cole’s mobile home in Detroit.
Prospective jurors in Somerset County Superior Court were asked not only whether they were aware of the case from reading or hearing news media accounts of it, but also about involvement in drug or alcohol abuse groups, or if anyone in their family had been involved with illegal drugs or prescription drug abuse.
The case against Cole could include testimony concerning drug use. Police say Cote snorted methadone and Xanax on July 17, 2013, at a friend’s home on Dogtown Road in Palmyra, according to the court affidavit. He was dropped off later at Cole’s residence, allegedly to get more drugs.
Cole was found bludgeoned to death about 3 a.m. July 18, 2013. The Office of the Chief Medical Examiner concluded that Cole died from blunt force trauma. Cole had a fractured skull, extensive blood loss and deep internal injuries, according to the autopsy.
Lawyers for the defense and prosecution, along with Superior Court Justice Andrew Horton, worked all day Wednesday on the selection process, which dipped into a pool of 200 prospective jurors in a case that Horton said has generated much attention in Maine.
“This is a very important case for all those concerned with it,” Horton told the full courtroom of possible jurors Wednesday. “Jury selection is a very important part of that. It’s been a long day. It’s a very important process.”
The trial is set to begin at 9 a.m. Thursday with opening statements from prosecution and defense attorneys. The case is being prosecuted by Assistant Attorney General Leanne Zainea. The defense attorney is Stephen Smith, of Lipman & Katz of Augusta.
Cote is charged with the intentional, knowing or depraved indifference murder of Cole in Cole’s mobile home on Main Street in Detroit. Cote is alleged to have beaten Cole, 47, with a pipe.
Horton told the assembly of possible jurors Wednesday morning that a jury trial is a constitutional right. He said jury duty is the only form of compulsory service in the United States with the military draft no longer in effect. He said jurors have a very important job to do, and that it’s the people of the community making the decision, not the judge.
Horton then began the long process of interviewing the entire pool of jurors, first with a list of potential witnesses at the trial, then with questionnaires handed to each person to fill out.
The judge wanted to know, generally, whether any of the members of the jury pool knew anyone on the list of witnesses and whether they had any personal experience or attitudes that would prevent them from rendering a fair and impartial decision. He said the defendant must be found innocent or guilty of the charge beyond a reasonable doubt.
Questions asked of potential jurors Wednesday included whether any of them were aware of the case through reading newspapers or listening to news accounts on radio or television.
Horton also asked whether any of the potential jurors or their family members were active in victims’ rights groups or were advocates for changes in the law for protection of certain people, including drug or alcohol abuse groups. He also wanted to know whether any of the prospective jurors had family or close friends in area law enforcement agencies.
The judge noted that if anyone could not focus on reaching a fair verdict, that person should say so.
Following the collection of the questionnaires, many of the jurors were called one by one to meet in private with the judge and the teams of attorneys in the judge’s chambers. That process took most of the afternoon to complete.
Answers on the questionnaire were to remain confidential, he said. Question topics included whether they or any members of their families or someone they were close to ever had been the victim of violent crime or had been arrested for a crime of violence, and whether any of them or their relatives had been involved in illegal drugs or prescription drugs.
When police interviewed Cote on the morning of July 18 at a friend’s home in Palmyra, they saw he had recent cuts and bruises on his forearm, back, leg and face, according to court documents. He told them he had nothing to do with Cole’s death.
DNA on clothing found under Cote’s home on Hurd’s Corner Road in Palmyra matched DNA from an oral swab taken from Cote and from blood taken during Cole’s autopsy, court documents show.
The trial began Monday with motions from both sides, including a ruling that a photo of Cole showing a tattoo on his neck spelling out “RIP” — rest in peace — won’t be admissible as evidence in a possible self-defense approach.
A conviction on a murder charge carries a sentence of 25 years to life in prison.
Doug Harlow — 612-2367
Twitter:@Doug_Harlow
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