Six women and eight men were selected for jury duty last week in the retrial of a convicted sex offender.
After a four-day voir dire process, a jury of 14 including two alternates will attempt to reach a verdict on a six-count indictment filed against Andrew Allmon, 57, of Cortez. In custody under a $30,000 bond, the defendant again stands trial on child sexual assault charges after a hung jury earlier this year.
The current charges are connected to two alleged incidents that occurred at Allmon’s home in June 2013. Prosecutors maintain the crimes include a pattern of abuse by the defendant, who supervised a child under the age of 15.
“Sympathy and prejudice have no place in a criminal trial,” Chief District Court Judge Doug Walker told jurors last week.
“The charges are not evidence,” he further instructed.
During open voir dire on Friday, potential jurors wrestled over whether they could be fair and impartial upon learning that Allmon pleaded guilty to New Mexico child sex assault charges in 2008.
“A bad egg is a bad egg,” said one potential juror.
“His character is not on trial,” responded another.
Walker also warned jurors that Allmon’s criminal history couldn’t be used to characterize the defendant. The previous conviction can be deliberated when weighing defense claims that the victim fabricated the allegations, Walker said.
During voir dire, which translates to ‘tell the truth,’ a few potential jurors also relayed beliefs that a convicted sex offender might have a tendency to re-offend.
“It’s in their nature,” said one potential juror, who was later excused. “It’s a sickness in their brain.”
The actual trial, which started Monday with opening statements, could conclude this week.
Last week, the court also held two days of private voir dire. Despite First Amendment concerns reported by The Cortez Journal, about 60 potential jurors were questioned behind closed doors, including Walker’s wife.
Last Friday, 69 citizens appeared for the day-long final round of jury selection, but several failed to show. The court indicated they would be required to appear and answer for their unexcused absence.
tbaker@cortezjournal.com
