Hearing set for 2 accused of killing 7_20090903131049_JPG

James Stewart

Jury seated, alternates being chosen

12 jurors, 4 alternates selected for Stewart trial

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12 jurors, 4 alternates selected for Stewart trial

Updated: Tuesday, 01 Dec 2009, 6:06 PM EST
Published : Tuesday, 01 Dec 2009, 1:33 PM EST

INDIANAPOLIS (WISH) - The trial for the alleged accomplice in the Hamilton Avenue murders is set to get under way on Wednesday.

James Stewart is accused of helping Desmond Turner kill seven people in an east side home three years ago.

Twelve jurors, six men and six women will spend a lot of time inside the City-County Building the next few weeks.

They'll have to answer this question: Is James Stewart guilty in the worst mass murder in Indianapolis history?

Seven members of one extended family were shot to death in June of 2006.

Killed were Alberto Covarrubias; his partner, Emma Valdez; their two young children; Valdez' grandson; and her grown son and daughter.

In October, Judge Robert Altice found Desmond Turner guilty of being the main triggerman.

Last month, Altice sentenced Turner to life in prison without parole.

Now, jurors will decide the fate of James Stewart.

Prosecutors say he tried to rob the home with Turner and ended up helping Turner kill everyone inside.

Judge Altice and the attorneys involved in the case are asking each potential juror a series of three questions.

1st – Have they seen any media coverage of this case?
2nd – Are you willing to devote two weeks to serving on the jury?
3rd – Are you willing to look at some gruesome photographs?

One prospective juror told an attorney Tuesday, "I'll be able to look at them; I can't guarantee I won't cry."

As for the possibility of previous news stories tainting jurors -- attorneys aren't worried about it.

"With the case being over three-and-a-half years old, a lot of the jurors actually don't have a lot of recollection of the case," said Richard Bucheri, Stewart’s defense attorney. "So we're not having that difficult a time. But I'm sure that it's still going to be a lengthy process."

"The judge and both lawyers, both prosecution and defense, are doing a very good job of making sure that the jurors don't bring any personal bias or any pre-formed opinions about the defendant's guilt or innocence into the courtroom," said Marion County Prosecutor Carl Brizzi.

Attorneys spent the better part of Tuesday choosing alternate jurors. There are four of them, three men and one woman.

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