Prosecutors and defense attorneys interviewed 54 potential jurors Monday for the trial of KeShone Smith, who is accused of killing Pine Bluff police Det. Kevin D. Collins in a 2020 shootout at a motel on North Blake Street.
The trial has been postponed twice in the past seven months. Defense attorneys in January were granted a motion for discovery, and in September a four-day selection process resulted in only five jurors named out of 69 summoned.
Twelve jurors are needed, and 11th West Circuit Judge Jodi Dennis told potential jurors Monday afternoon she believed there would be enough to qualify for what is expected to be a weeklong trial. About 125 were summoned to Dennis' Fifth Division courtroom, with some excused early on because they work in law enforcement and some stating a connection to either Collins or Smith and adding they didn't feel as if they could be fair and impartial in rendering a verdict.
Out of the large pool, 54 were selected for afternoon questioning in waves of 18. Prosecuting Attorney Kyle Hunter revealed Monday the death penalty is not being considered, as many who were questioned in September felt uncomfortable having to decide whether Smith should face death in the penalty phase if convicted.
Without the death penalty, the maximum Smith will face if convicted is life without the possibility of parole.
"The goal is to find 12 people who can be fair and impartial," Hunter told potential jurors. "It must be a unanimous verdict in an Arkansas criminal trial. The state must prove the case beyond a reasonable doubt. The defendant doesn't have to prove anything."
Defense attorney Lee D. Short of North Little Rock asked potential jurors if they would consider what was reported in the media or what was presented in court when deciding whether Smith is guilty. All who responded said they would consider the evidence in court.
Officers were called to the Econo Lodge Motel on Oct. 5, 2020, to execute felony active warrants out of Georgia for Smith, now 23, and two other men. Smith is charged with capital murder of Collins, 35, first-degree battery of police officer Ralph Isaac and first-degree battery of Dave Wright, whose occupation was not listed in court documents.
According to an affidavit, another officer, Kelsey Collins (no relation to Kevin), returned fire after Smith reportedly fired his weapon. The rounds from Kelsey Collins' weapon reportedly struck Wright and Isaac. Another man identified as Kirel Young told police he was struck in the hand immediately after hearing gunshots, and police said it was believed Smith struck Young.
Short also asked if anyone formed opinions about what they heard about the shooting and if potential jurors believe members of law enforcement are more credible than someone not in law enforcement. Dennis read a list of 32 potential witnesses, including 16 from Arkansas State Police, eight from Pine Bluff police, four from the Jefferson County sheriff's office, three technicians from the state Crime Lab and one doctor from Jefferson Regional Medical Center.
Short also cautioned potential jurors to not factor their emotion in their judgment, although they will see photos of someone who died.
"The judge may become emotional. The state might. I might," Short said. "The law does not tell you not to be emotional. You are not allowed to use emotion to determine your judgment."