The long postponed criminal trial begins with jury selection this Tuesday morning, April 17th. Charged with two felonies (aiding and abetting a felon in possession of a firearm), Judge Day has plead not-guilty. Many who have observed the assault on Judge Day over the past three and a half years believe that the political elites in Oregon are seeking to criminalize political differences (if you don’t agree with the political views of the elites, you will suffer harm).
Jury selection is expected to start on Tuesday, 4/17, and last at least a day, perhaps two. It will be conducted in Courtroom 2A at the Marion County Courthouse, 100 High Street NE, Salem, Oregon.
Opening statements by the state prosecutor and Judge Day’s lawyer should occur on either Wednesday afternoon, 4/18, or Thursday morning, 4/19. The jury trial will be held in Courtroom 4A at the same courthouse.
Generally, the public is welcome; the courtroom opens at 8am and trial begins at 9am. For those who have not attended a jury trial, it is important to know that the gallery (the public in attendance) is expected to remain quiet and respectful during the proceedings. The trial is expected to last up to two and a half weeks.
Judge Julie Frantz will decide, during jury selection, whether enough non-biased jurors are available for Judge Day to receive a fair trial in his home county. Legal scholars are concerned that Judge Day may not be able to get a fair trial because the Oregon Supreme Court took the unprecedented step of criticizing Judge Day’s credibility a month before his criminal jury trial (see Salem Business Journal editorial). In addition, the local media publishes on-going regurgitations of the judicial fitness commission’s one-sided conclusions – as you may recall, they did not even consider Judge Day’s mountain of evidence. Where are the journalists who are fact-checking?