NEW YORK, Sept 20 (Reuters) - On Monday morning, Justice
Ronald Zweibel, of state Supreme Court in Manhattan, had just
begun the process of selecting a jury for the trial of a man
accused of stealing more than $1 million. In a ritual he has
performed countless times, Zweibel read a list of possible
witnesses to the 92 potential jurors sitting before him and
asked whether they had heard of any of them.
Many of the names would be familiar to City Hall junkies,
if few others: Kevin Sheekey, the former deputy mayor; Frank
MacKay, the chairman of the Independence Party; Patti Harris,
the first deputy mayor.
Then Zweibel said, "Michael Bloomberg," and a murmur spread
among the crowd as people looked around to make sure they had
heard right. Slowly, dozens of hands went up.
That is the dilemma facing Zweibel, as well as prosecutors
and defense lawyers in the case: How do you empanel an
impartial jury in New York City when the alleged victim is the
mayor?
And not just any mayor, but Mike Bloomberg -- a billionaire
businessman who, over almost a decade at the helm of this
blustery, opinionated city of 8 million, has transformed half
of Times Square into a pedestrian mall, banned smoking nearly
everywhere except in private homes, and succeeded in altering
the city's charter so he could run for a third term.
Bloomberg's presence in the courtroom -- in name only for
now, though prosecutors say they plan to call him as a witness
-- was assured after Republican operative John Haggerty was
charged with stealing $1.2 million from Bloomberg during his
2009 re-election bid. Prosecutors have accused Haggerty of
selling the mayor an Election Day poll-watching operation and
then keeping the money for himself to buy a house.
PRAISED AND VILIFIED
After the hands were raised, Zweibel conferenced briefly
with the lawyers and came up with a new plan of attack.
"Let's do everyone with the exception of Mr. Bloomberg for
now," he said, to chuckles from the jury pool. "We'll get to
that later."
Jurors who felt they could not render a fair verdict on the
case because of their feelings about Bloomberg -- or any of the
other potential witnesses -- met individually with the judge
and lawyers to explain their concerns.
Eventually, Zweibel excused about a dozen who mentioned
personal connections or said their opinions of the mayor were
strong enough to color their judgment.
Perhaps the only surprise was that Bloomberg's name didn't
evoke a stronger reaction from more jurors. After all, he has
been alternately praised and vilified for much of his tenure as
mayor -- for example, over the addition of hundreds of miles of
bike lanes throughout the city, or his move to change city
term-limit laws, which struck some New Yorkers as an unseemly
power grab.
Still, a Quinnipiac poll released last week put the mayor's
approval rating among New Yorkers at 54%, a marked increase
that some observers attributed to the extensive preparations he
ordered last month in advance of Hurricane Irene.
Of course, selecting jurors in even the most routine trials
can be a challenge. While a handful of potential jurors were
excused for their connections to or opinions about Bloomberg,
far more were let go because they could not commit to what
could be a four-week trial. By the time the lawyers began to
question the possible jurors directly, the original 92 had been
whittled to fewer than 20.
'THE 800-POUND GORILLA'
While some of the lawyers' questions were routine, most
centered on what defense lawyer Raymond Costello called "the
800-pound gorilla" in the room.
"Is there anybody here that feels that because a person is
wealthy -- very, very wealthy, as we all know Mayor Bloomberg
is -- that it's okay to steal from him?" Assistant District
Attorney Eric Seidel asked. The prospective jurors shook their
heads.
Costello asked each possible juror to voice his or her
opinion of the mayor, and to say whether it might influence
their view of him as a witness. In a kind of impromptu mayoral
poll, some expressed support, others disapproval, and the rest
indifference.
"The third term -- I was bothered by that," said Ryan
Cassidy, a real-estate project manager.
Kevin O'Connor, who works for a bakery company, said he had
a "generally favorable opinion" of the mayor.
But it was left to Francisco Alvarado, a Spanish and art
teacher, to articulate the central challenge facing both
sides.
"He's the mayor, so you're going to have some kind of
opinion of him," said Alvarado, who allowed that as an avid
biker he supports Bloomberg's new bike lanes but doesn't much
care for his handling of the school system. "It's natural."
MONEY DOESN'T MATTER
Despite Seidel's concern, Bloomberg's vast riches are
unlikely to matter to most jurors, said Art Patterson, senior
vice president of the jury-consulting firm DecisionQuest, who
cited studies showing that jurors tend to be surprisingly
sympathetic toward wealthy victims.
"But the political issue is really important," he said.
"Most jurors don't like the games that politicians play with
campaign money. So that brings us to the key issue: can a juror
who is biased against Bloomberg for political reasons be a fair
and impartial juror?"
By the end of the day, prosecutors and defense attorneys
had agreed on just five acceptable jurors from the original
pool.
And so on Tuesday morning, Zweibel started the whole
process over again -- with a new panel of 85 prospective
jurors. He said he hopes to be finished by Friday.
The case is People v. Haggerty, New York State Supreme
Court, New York County, No. 2598/2010.
For the prosecution: Assistant District Attorneys Eric
Seidel, Vanessa Richards and Brian Weinberg.
For Haggerty: Raymond Costello of Shaub, Ahmuty, Citrin, &
Spratt and Dennis Vacco of Lippes, Mathias, Wexler,
Friedman.
(Reporting by Joseph Ax)
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