Jury selection begins for murder trial

The first day of jury selection for the trial of a local man charged with murder and arson following a 2011 incident brought questions from the judge and attorneys to potential jurors Wednesday morning.

Bourbon County District Judge Mark Ward presided over the proceeding, which took place in the auditorium of the Danny and Willa Ellis Family Fine Arts Center on the campus of Fort Scott Community College. Several members of local and state law enforcement were on hand, as security was upped for the jury selection process.

Metal detectors and security checks were in place to check everyone who entered the building and law enforcement personnel flanked attendees seated in the auditorium. Although officials would not confirm the number of people chosen for the jury pool, the 600-seat auditorium was nearly half full for the proceeding.

Ward said that because of the large number of potential jurors, "we needed a larger venue. Our courtroom is not big enough." Ward thanked Gordon Parks Museum Director Jill Warford and FSCC President Clayton Tatro for use of the fine arts facility.

The defendant in the criminal case, Brent Bollinger, who is accused of killing his wife by setting their house on fire on Oct. 13, 2011, was present with his attorney, former Kansas Attorney General Paul Morrison of Olathe. Morrison is also a former district attorney.

The state is represented by Bourbon County Attorney Terri Johnson and Kristiane Bryant, assistant state attorney general criminal division. Court reporters were also present.

Ward explained to prospective jurors and other attendees -- various FSCC classes dropped in periodically to observe -- that a 12-member jury and two alternates are needed. Once they have been selected, the trial will be conducted in the third-floor courtroom of the Bourbon County Courthouse.

Ward said he anticipates the jury selection process to last about two days. Ward read the charges Bollinger faces per the criminal complaint the state filed on him in Bourbon County in January 2012:

Count one is murder in the first degree, premeditated, an off-grid person felony, or in the alternative, felony murder; count two is aggravated arson, a severity level three person felony; and count three is aggravated child endangerment, a severity level nine person felony.

Bollinger's wife, Brenna, died in the fire. Bollinger and his young son, Bryson, survived and were flown to hospitals with critical burns.

Bollinger was arraigned before Ward in September 2012 and pleaded not guilty to the alleged crimes. Ward said that Bollinger, "as he sits right now," is presumed innocent. Ward said he has the duty of determining what can be considered as evidence in the case.

Ward will preside over the trial, which is expected to last about two weeks. He asked potential jurors not to discuss any aspects of the case during breaks in the jury selection process or any other time.

Ward said the jury selection process follows Voir dire, a Latin term that refers to procedures connected with jury trials. He said the term means, "To speak the truth."

"The questions are in no way intended to pry or embarrass anyone; the purpose is to obtain fair and impartial jurors in this case," Ward said.

Ward and attorneys in the case asked potential jurors several questions and Ward excused some for various reasons and other prospective jurors were called to take their places. The objective being to whittle down a large jury pool to what is needed for the jury.

The defendant in any criminal case is entitled to a fair trial, Ward said. Anything that potential jurors may have seen or heard about the case cannot be considered evidence or fact for this case -- only that which is entered during the trial can be considered, Ward said.

Before questions were asked, Ward said he understood that "we all have lives" but he encouraged potential jurors to "not think of ways to get out of serving."

"Jury service is a duty of Bourbon County residents when called upon to do so," he said. "We have the best criminal justice system in the world and this is an opportunity to be an active participant in that system."

Questioning started with a pool of 42 prospective jurors and several names were weeded out from the original group after Ward listened to various responses from candidates.

Questions Ward asked of prospects included whether or not they were 18 years of age, a resident of the U.S. and Bourbon County; whether they are able to read and understand the English language; whether they have been convicted of a felony within the last 10 years; whether they had any health problems that may make it difficult to sit on a jury; whether they had a job in public safety or public health that may make it hard serving on a jury; or a "compelling personal hardship" in which it would be hard for them to sit for two weeks and listen to evidence in the case.

Ward said that during the jury selection process, questions would eventually be presented about knowledge of families involved in the case, the defendant and victim. He talked to jurors about keeping open minds and setting aside relationships in order to be fair and impartial.

Attorneys for both sides also asked questions of the potential jurors.

The jury selection process was expected to continue Thursday.