Attorneys have selected a jury of 12 New Yorkers — but now they need to seat as many as six alternates before opening statements can begin. One alternate was picked on Thursday.
Both sides know jury selection is one of the most important parts of the trial. These are the people who will hear the evidence and determine the historic outcome. Alternates ensure the trial can continue to the end if a seated juror cannot proceed.
New York criminal procedure law outlines several cases in which an alternate would replace a juror, and that juror would be dismissed, during a trial.
That includes:
- If a juror gets sick “or other incapacity.”
- The juror is not available to serve on the jury anymore.
- If the court finds additional information or facts are revealed after jury selection that suggests the juror is “grossly unqualified” to be on the case.
- If a juror does not show up to court.
- The juror engaged in “misconduct of a substantial nature” — but not conduct that would warrant a mistrial.
The state law also says alternates must have the same qualifications and go through the same examination as other jurors. They will be questioned and chosen by the judge and the lawyers in this case after all 12 jurors are seated.
Alternates will listen to the entire trial, but won’t participate in deliberations.