UNION — The judge overseeing the capital murder trial of Kenneth Lee Simpson is checking all the details of the upcoming proceedings, taking an extra step to ensure selection of the jury that …
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UNION — The judge overseeing the capital murder trial of Kenneth Lee Simpson is checking all the details of the upcoming proceedings, taking an extra step to ensure selection of the jury that will decide the fate of a Warren County man charged with killing one Hermann policeman and the wounding of another more than two years ago.
20th Circuit Court Presiding Judge Craig E. Hellmann has entered many orders and pre-trial decisions thus far, as noted by postings on Missouri Case.net. While some of those are routine in nature, others stand out as the prosecution and defense make final plans for the trial set to begin Jan. 20 in Courtroom 302 of the Franklin County Judicial Center.
For instance, the process begins with the selection of 12 jurors and six alternates. That will take place in Greene County (Springfield). When the decision was made to bring a Greene County jury to Franklin County, the judge called for a jury pool of 600 Greene County residents. However, even with a pool of 600 summoned for the voir dire process, the judge, in an interview Monday afternoon with the Gasconade County Republican, acknowledged an outside chance of having difficulty selecting the jurors and alternates from that number of Greene County citizens. Therefore, he increased the size of the jury pool to 1,000.
“With 1,000, I’m going to get a jury,” Hellmann said. He was not comfortable with keeping the jury pool at 600. “I’m not going to take that chance” of not selecting a jury out of a pool of 600, he said.
Another significant decision by the judge regarding the jury selection was included in his recent order on managing the coverage of the trial, which includes a prohibition against electronic coverage of the proceedings, the allowance of sketch art and other aspects of reporting on the trial. A provision of the order noted a ban on press coverage of the jury selection process.
The judge said little about the press ban of the selection process.
“I don’t want the potential jurors to feel any pressure,” he told the Republican, declining to elaborate. “That’s the order of the court,” he said.
Jury selection is scheduled to begin Jan. 5 and be conducted over several days with potential jurors being questioned by the state and defense attorneys in batches. How long it will take to choose the jurors and alternates is unclear; according to an earlier order by the court they are to be transported from Springfield to Union on Jan. 19, the day before the trial starts. They will be sequestered during the duration of the proceedings, which includes the trial and, if there’s a conviction, the penalty phase. The trial is tentatively scheduled to last through the first week of February.
Simpson faces charges of capital murder for the death of Hermann Det. Sgt. Mason Griffith and first-degree assault for the serious wounding of Hermann Patrolman Adam Sullentrup, as well as several other felony charges. The shooting took place in March 2023 at Casey’s General Store as Griffith and Sullentrup were talking with Simpson, who had been named in warrants issued by Franklin and Warren counties.
Other orders entered by the judge allows Simpson to attend the trial in civilian clothing and free of restraints. The defense attorneys had argued that appearing in jail clothing and in restraints could sway the jury.
Hellmann also in recent days issued a Decorum Order covering such things as seating, location of the press, and the dress of law enforcement agents attending the trial as spectators.
As for seating, the first row behind both the prosecutors’ table and the defense table will remain open except for security personnel. Rows 2, 3, 4 and 5 behind the prosecution table are reserved for family members in support of the victims, members of the prosecution team and spectators, if seating is available.
Rows 2 and 3 behind the defense table are reserved for family members in support of Simpson and spectators if seating is available. Row 4 is reserved for the press members and spectators.
Other rows of seating can be used by spectators, the order said.
The large courtroom in the historic courthouse will be available for any overflow crowd. The courtroom in that building has a capacity of 93.
Also included in the judge’s Decorum Order are provisions that say all those entering the courtroom shall be subject to a search; while court is in session, anyone who leaves will be bared from returning until the next recess; no electronic devices or cell phones will be permitted in the courtroom; anyone escorted from the courtroom will be barred from the courtroom for the duration of the proceedings; all law enforcement personnel attending the trial as spectators will not be allowed to wear their service uniform, police clothing, apparel or badges.
While this case is being tried in Franklin County, it is a Gasconade County case. That means that Gasconade County will be responsible for paying all the costs associated with the trial, according to a notice earlier this year from the Franklin County Commission’s legal counsel.