600 potential jurors cram courthouse

Published 12:00 am Monday, March 1, 2010

A swarm of potential jurors lined up through the halls of the Warren County Courthouse today for the retrial of a Vicksburg state trooper accused of molesting two teenage boys.

Master Sgt. Richard Dane Davenport, 47, 407 Warren St., stands accused of four counts of sexual battery of a child younger than 14 and five counts of fondling a child younger than 16.

About 600 jurors were summoned — two to three times the usual pool — from which a panel of 12 jurors and two alternates will be chosen.

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“Because of the notoriety of the parties involved, we thought it would probably be better to have a larger number of people in order to get the jurors we need,” said Warren County Circuit Court Judge Isadore Patrick, who will preside over the trial.

Davenport was first tried in September 2008, an eight-day effort that ended in a mistrial when jurors reported, after about six hours of deliberating, that they were split “2 to 10” on the verdict. Sources reported the split was in favor of acquittal, though it was unclear which of the nine criminal counts the vote reflected.

In a separate but related proceeding, Davenport was found innocent in February 2009 in Oktibbeha County of one count of fondling a child under 16. The charge was made by one of the same teens accusing him in Warren County. That case was also a retrial after an October 2008 mistrial at the Circuit Court in Starkville.

For today’s jury pool, the selection process could extend into the evening. At Davenport’s first trial, for which 350 potential jurors were summoned, the jury was not sworn in until 8:30 p.m.

Court officials expected about half the 600 summoned to report — still a significant influx to the courthouse. Sheriff Martin Pace said he was not expecting to add to the normal number of deputies assigned to his court services division. “It will not affect our law-enforcement division,” he said.

Those who do not report for jury duty usually fall into a number of categories, said Patrick. Some that can be excused prior to the trial date include those over 65 and under 21, Patrick said, and those who can show that they have served on a jury within the last two years.

Others have moved or died since being placed on the “jury wheel,” a pool generated from the master voter registration lists every April by a three-member county jury commission, said Circuit Clerk Shelley Ashley-Palmertree.

Some potential jurors are also excused after reporting, based on various hardship criteria, knowledge of the case or connections to witnesses or attorneys or other personal issues.

The charges against Davenport in Warren County are based on incidents dating to October 1999 and involve two brothers. State law protects the identities of juveniles in such cases.

If convicted of sexual battery, Davenport faces a potential life sentence. The fondling charges carry potential 15-year sentences.

Because Davenport is a state employee and was indicted in two counties, the prosecutors are from the Mississippi attorney general’s office, with Brandon Ogburn and Jeanne Vaughan leading the prosecution.

Davenport is defended by attorneys John Zelbst and Chandra Holmes Ray of Lawton, Okla,, and Michael Cupit of Denham Spring, La., assisted by local attorney David Sessums.

The retrial was originally scheduled for May 11 but was postponed due an illness of the defendant, which required hospitalization.

Davenport logged more than 20 years with the Mississippi Highway Safety Patrol, his assignments including both patrol and a stint managing the MHP driver’s license bureau at 1100 Grove St. He remains on unpaid administrative leave, said Jon Kalahar, spokesman for the MHP.

Contact Pamela Hitchins at phitchins@vicksburgpost.com