Manhattan court must find a dozen jurors to hear first-ever criminal case against a former president

NEW YORK (AP) — Of the 1.4 million adults who live in Manhattan, a dozen are soon to become the first Americans to sit in judgment of a former president charged with a crime.

Jury selection is set to start Monday in former President Donald Trump's hush money case — the first trial among four criminal prosecutions of the presumptive Republican presidential nominee. The proceedings present a historic challenge for the court, the lawyers and the everyday citizens who find themselves in the jury pool.

“There is no question that picking a jury in a case involving someone as familiar to everyone as former President Trump poses unique problems,” one of the trial prosecutors, Joshua Steinglass, said during a hearing.

Those problems include finding people who can be impartial about one of the most polarizing figures in American life and detecting any bias among prospective jurors without invading the privacy of the ballot box.

There's also the risk that people may try to game their way onto the jury to serve a personal agenda. Or they may be reluctant to decide a case against a politician who has used his social media megaphone to tear into court decisions that go against him and has tens of millions of fervent supporters.

Still, if jury selection will be tricky, it's not impossible, says John Jay College of Criminal Justice psychology professor Margaret Bull Kovera.

"There are people who will look at the law, look at the evidence that’s shown and make a decision," says Kovera, whose research includes the psychology of juries. “And the job of the judge and the attorneys right now is to figure out who those people are.”

Trump has pleaded not guilty to fudging his company’s books as part of an effort to conceal payments made to hide claims of extramarital sex during his 2016 campaign. He denies the encounters and contends the case is a legally bogus, politically engineered effort to sabotage his current run.

He will go on trial in a criminal court system where juries have decided cases against a roster of famous names, including mob boss John Gotti, disgraced film mogul Harvey Weinstein and Trump's own company.

Over the last year, writer E. Jean Carroll's sex assault and defamation civil suits against Trump went before juries in a nearby federal courthouse. New York state's fraud lawsuit against the ex-president and his company went to trial without a jury last fall in a state court next door.

But the hush-money case, which carries the possibility of up to four years in prison if he's convicted, raises the stakes.

Trump lived for decades in Manhattan, where he first made his name as a swaggering real estate developer with a flair for publicity. As Steinglass put it, “There is no chance that we’re going to find a single juror that doesn’t have a view” of Trump.

But the question isn't whether a prospective juror does or doesn't like Trump or anyone else in the case, Judge Juan M. Merchan wrote in a filing Monday. Rather, he said, it's whether the person can “set aside any personal feelings or biases and render a decision that is based on the evidence and the law."

The process of choosing a jury begins when Merchan fills his New Deal-era courtroom with prospective jurors, giving them a brief description of the case and other basics. Then the judge will excuse any people who indicate by a show of hands that they can’t serve or can’t be fair and impartial, he wrote.

Those who remain will be called in groups into the jury box — by number, as their names won't be made public — to answer 42 questions, some with multiple parts.

Some are standard inquiries about prospective jurors' backgrounds. But the two sides have vigorously debated what, if anything, prospective jurors should be asked about their political activities and opinions.

Merchan emphasized that he won’t let the lawyers ask about jurors’ voting choices, political contributions or party registration.

But the approved questionnaire asks, for example, whether someone has “political, moral, intellectual or religious beliefs or opinions” that might “slant your approach to this case." Another query probes whether prospective jurors support any of a half-dozen far-right or far-left groups, have attended Trump or anti-Trump rallies, and have worked or volunteered for Trump or for organizations that criticize him.

Potential jurors also will be quizzed about any “strong opinions or firmly held beliefs” about Trump or his candidacy that would cloud their ability to be fair, any feelings about how Trump is being treated in the case and any “strong opinions” on whether ex-presidents can be charged in state courts.

The process of choosing 12 jurors and six alternates can be chesslike, as the opposing sides try to game out whom they want and whom their adversaries want. They must also weigh which prospective jurors they can challenge as unable to serve or be impartial and when it’s worth using one of their limited chances to rule someone out without giving a reason.

“A lot of times you make assumptions, and arguably stereotypes, about people that aren't true, so it’s important to listen to what they say” in court and, if possible, online, says Thaddeus Hoffmeister, a University of Dayton law professor who studies juries.

In prominent cases, courts and attorneys watch out for “stealth jurors," people trying to be chosen because they want to steer the verdict, profit off the experience or have other private motives.

Conversely, some people might want to avoid the attention that comes with a case against a famous person. To try to address that, Merchan decided to shield the jurors' names from everyone except prosecutors, Trump and their respective legal teams.

The six jurors and three alternates in each of Carroll’s federal civil cases against Trump were driven to and from court through an underground garage, and their names were withheld from the public, Carroll, Trump, their attorneys and even the judge.

Carroll’s lawyer, Roberta Kaplan, says that if she were involved in the hush-money case, she would ask the court to do everything possible to ensure that jurors stay anonymous and don’t fear being singled out online or in the media.

“The main concern, given the world we live in, has to be the potential for juror intimidation,” Kaplan said.

Jurors were chosen within hours for both trials of Carroll's claims, which Trump denies. Carroll's lawyers later tried midtrial to boot a juror who had mentioned listening to a conservative podcaster who criticized Carroll's case. The judge privately queried the juror, who insisted he could be fair and impartial.

He remained on the panel, which unanimously found Trump liable for sexual abuse and defamation and awarded Carroll $5 million. Eight months later, the second jury awarded Carroll an additional $83.5 million for defamation.

Associated Press journalists Joseph B. Frederick and Michael R. Sisak contributed to this report.

Judge Juan Merchan's name plate sits on the bench in his Manhattan criminal courtroom, Tuesday, March 12, 2024 in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump's hush-money trial. (AP Photo/Seth Wenig)

Judge Juan Merchan's courtroom sits empty between proceedings, Tuesday, March 12, 2024, in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump's hush-money trial. (AP Photo/Seth Wenig)

FILE - Former President Donald Trump awaits the start of a pre-trial hearing with his defense team at Manhattan criminal court, Monday, March 25, 2024, in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump's hush-money trial. (AP Photo/Mary Altaffer, Pool)

Judge Juan Merchan's Manhattan courtroom sits empty between proceedings, Tuesday, March 12, 2024, in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump's hush-money trial. (AP Photo/Seth Wenig)

FILE - Former President Donald Trump, center, appears in court for his arraignment, Tuesday, April 4, 2023, in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump's hush-money trial. (AP Photo/Seth Wenig, Pool)

DALLAS (AP) — Radek Faksa made a promise to his 2 1/2-year-old son when they were playing together before the Dallas Stars took the ice for Game 7.

Faksa did indeed score in his return to the lineup after missing four games because of an undisclosed injury. His go-ahead goal came on a backhander 44 seconds into the third period, after his son had been taken home, and Dallas beat the defending Stanley Cup champion Vegas Golden Knights 2-1 on Sunday night to wrap up the first-round series.

“I’m happy I did," Faksa said. “And so I can show him the video in the morning, and we can watch it together.”

Only captain Jamie Benn and Tyler Seguin have played longer for the Stars than Faksa, a fourth-liner in his ninth season who got his goal from the circle to the left of goalie Adin Hill. Dallas also got another Game 7 goal from 20-year-old Wyatt Johnston.

Jake Oettinger had 21 saves in his second Game 7 victory. He also had the Stars' only penalty, though they killed that off after he was called for tripping Ivan Barbashev in front of the net midway through the third.

“The last period was a clinic. Just so proud of the guys of how we responded,” Oettinger said. "It’s a long playoffs and you’re going to need different guys to step up at different times. A lot of hockey left so hopefully a lot more heroes. It’s going to be a run ride.”

The Stars, the No. 1 seed in the West, move on to play well-rested Colorado in the second round. Game 1 is in Dallas on Tuesday night, a week after the Avalanche wrapped up their series against Winnipeg with a Game 5 victory.

Brett Howden scored for Vegas, which couldn’t pull off another series winner in Dallas, where last year the Knights wrapped up the Western Conference Final with a win in Game 6. Hill had 22 saves in his third game of this series after Logan Thompson started the first four.

The visitor won the first four games in this series until the home teams held serve the last three games.

“There’s probably a lot of doubters out there. After Game 2, they probably thought we couldn’t come back,” Benn said. “A lot of believers in this room, in this organization. And we showed ’em.”

Dallas has won Game 7s in each of its first two postseasons for coach Pete DeBoer, who is now 8-0 in his career in such games with four different teams. That includes the Knights’ only Game 7 wins in 2020 and 2021 when he was their coach.

Johnston scored his series-high fourth goal on a wrister from the top of the slot with 5:26 left in the first period after picking off a clearing pass by Shea Theodore that his teammate, Tomas Hertl, missed when taking a twisting swipe at it.

A day after his 20th birthday last May, Johnston became the youngest player in NHL history with a game-clinching goal in a Game 7. He gathered a puck that ricocheted off the back boards in the third period of the Stars' 2-1 win over Seattle in that second-round series.

The goal Sunday against came in quick succession after Vegas had two scoring chances. Oettinger made a tough save to deny Jack Eichel and Jonathan Marchessault then shot the rebound off the left post, and got a hit on Johnston before the Dallas youngster skated to the other end and scored about 10 seconds later.

“I think a couple of our players will probably not sleep tonight, because if you look at what transpired in the game,” Vegas coach Bruce Cassidy said. “We hit a post, take them down, they score 10 seconds later. We miss an open net at the end of the second, and they score on the first shift of the third. ... It’s a little bit of hockey sometimes when two close teams play.”

The series ended with both teams scoring 16 goals.

Vegas, which returned 22 of its 27 players from the Stanley Cup-winning roster, tied it in the second period when Michael Amadio made a crossing pass to Howden, who poked the puck into the open left side of the net behind Oettinger.

The only coach other than DeBoer to win eight Game 7s is Darryl Sutter, who was 8-3 in such games over 182 playoff games over 15 postseasons with four teams.

The Knights are 2-2 in Game 7s. DeBoer was also the opposing coach in their other loss, to San Jose in 2019.

It was only the second time of 16 that the Stars won a best-of-seven series after losing the first two games. The only other was the very first playoff series in franchise history, when the Minnesota North Stars were down 0-2 before beating the Los Angeles Kings in seven games to open the 1968 playoffs.

AP NHL playoffs: https://apnews.com/hub/stanley-cup and https://www.apnews.com/hub/NHL

Spectators react during the third period in Game 7 of an NHL hockey Stanley Cup first-round playoff series between the Dallas Stars and the Vegas Golden Knights, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars' Jamie Benn (14) controls the puck as he and teammate Joe Pavelski (16) attack against Vegas Golden Knights defenseman Shea Theodore (27) and goaltender Adin Hill during the second period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars left wing Jason Robertson works out prior to Game 7 of an NHL hockey Stanley Cup first-round playoff series against the Vegas Golden Knights, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Vegas Golden Knights goaltender Adin Hill deflects a shot during the first period in Game 7 of an NHL hockey Stanley Cup first-round playoff series against the Dallas Stars, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars center Radek Faksa (12) competes for the puck against Vegas Golden Knights center Nicolas Roy (10) and defenseman Alec Martinez (23) during the third period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Vegas Golden Knights right wing Mark Stone (61) and center William Karlsson (71) try to control the puck against the Dallas Stars during the second period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars goaltender Jake Oettinger, right, blocks a shot as teammate Roope Hintz (24) defends against Vegas Golden Knights center Tomas Hertl (48) during the first period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Vegas Golden Knights center Brett Howden (21) celebrates his second period goal with Michael Amadio (22) in Game 7 of an NHL hockey Stanley Cup first-round playoff series against the Dallas Stars, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars center Logan Stankoven (11) skates against Vegas Golden Knights defenseman Alec Martinez (23) during the first period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Vegas Golden Knights goaltender Adin Hill, top, leaves his crease to make a save on a breakaway by Dallas Stars center Sam Steel (18) during the third period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Vegas Golden Knights center Tomas Hertl (48) skates by as Dallas Stars center Wyatt Johnston (53) celebrates his first period goal in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars players acknowledge spectators following their 2-1 victory over the Vegas Golden Knights in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Streamers drop after the Dallas Stars defeated the Vegas Golden Knights 2-1 in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Vegas Golden Knights goaltender Adin Hill eyes the puck on a scoring shot by Dallas Stars center Radek Faksa during the third period in Game 7 of an NHL hockey Stanley Cup first-round playoff series, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)

Dallas Stars center Wyatt Johnston, center, celebrates his first period goal with Joe Pavelski (16) and Miro Heiskanen (4) during Game 7 of an NHL hockey Stanley Cup first-round playoff series against the Vegas Golden Knights, Sunday, May 5, 2024, in Dallas. (AP Photo/Brandon Wade)