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Parties Discuss Jury Selection For Trial

The process for an upcoming jury trial in Wolf Point was discussed during a district court hearing on Wednesday, Jan. 13.

Richard Lamar Rutledge, 46, of Culbertson is facing two counts of sexual intercourse without consent and two counts of incest. The trial is scheduled to start on March 15.

District Judge David Cybulski noted on Wednesday that jury questionnaires need to be sent out. There were questions on how to proceed with jury selection while dealing with social distancing requirements. Instead of having about 60 people at a location for jury selection one day, Cybulski suggested maybe having two days involving 30 people each.

Roosevelt County Deputy Attorney Frank Piocos expressed concerns that everything will be in place to have the trial on March 15. He noted expenses associated with bringing expert witnesses in to testify.

“We’re ready to prosecute it,” Piocos said.

Defense attorney Matthew Claus said his client is entitled to a fair cross section of people on the jury. He questioned if having a cross section of people is possible when dealing with a small population.

“How Mr. Claus wants it done, I will do it,” Piocos said of the jury questionnaire. “But you can’t pin him down as how he wants it to be done.”

Claus said that he doesn’t want a COVID trial but rather a more traditional trial setting.

“How do you have 100 people six-feet apart,” Piocos asked.

One possible solution is having jury selection take place in the Roosevelt County Courthouse’s basement.

Cybulski told the two attorneys to be in contact to figure out an agreement in the process.

During a hearing in November, the attorneys said they each plan to have several expert witnesses. Parties feel the trial will last five days.

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