Both the prosecution and the defense in the Michael Jackson case have well-known jury consultants by their side as they prepare for jury selection, the News-Press has learned.

Howard Varinsky — fresh from helping the prosecution pick the jury that convicted Scott Peterson of murder — will help Santa Barbara County prosecutors select jurors who would be likely to convict Mr. Jackson of child molestation and conspiracy.

And J. Lee Meihls will assist defense lawyers to identify the jurors most likely to believe their client is innocent.

Mr. Jackson has pleaded not guilty to all charges. Jury selection is scheduled to begin Monday.

Mr. Varinsky has gained notice through the high-profile cases on which he’s worked, including those involving Martha Stewart, Timothy McVeigh, so-called subway vigilante Bernhard Goetz and Dr. Jack Kevorkian.

Ms. Meihls has consulted for the defense in both the John E. du Pont and Robert Blake murder cases.

This is not the first time Ms. Meihls and Mr. Varinsky have faced off. They were on opposite sides in the federal corruption case that resulted in the conviction of Arizona Gov. Fife Symington. But that time, she worked for the prosecution and he for the defense.

The two have entirely different approaches.

“He’s a gut man,” said Sarah Murray of Trial Behavior Consulting in San Francisco. “He goes by his instincts. He’s not much of a researcher, whereas she is.”

Jury consultants have been common in high-profile cases since the O.J. Simpson trial, when Jo-Ellan Dimitrius picked the jury that acquitted him of murder.

Typically, in these cases the consultants will conduct opinion polls and mock trials. Consultants also frequently pick the jury, prepare witnesses and advise attorneys during trial.

“Surveys, mock trials, these are the exercises which clearly should be done in this case,” said Joseph Rice of Jury Research Institute in Alamo. “Michael Jackson has the resources to do this. It would not be unreasonable to spend $100,000 or more if that sort of research is done.

“But to hire a consultant to sit and pick a jury for a month, which is what the prosecution may have done, is about $40,000 to $50,000,” Mr. Rice said. “But knowing how Varinsky works, he’s probably done some sort of profiling and testing.”

Today, lawyers are attending a hearing to work out ground rules for how the trial will proceed — including whether the accuser and his brother should testify behind closed doors and what evidence each side may present to jurors.

On Monday, jury selection will begin with groups of 150 brought into the courtroom. For three days, Superior Court Judge Rodney Melville is scheduled to consider whether jurors who plead hardship will be dismissed.

The potential jurors who remain will each fill out a seven-page questionnaire. Attorneys will review the documents Thursday through Feb. 7. Attorneys for both sides will begin questioning jurors on Feb. 8 about their ability to be fair and impartial. The pool will ultimately be whittled down to 12 jurors and eight alternates.

Source: News Press

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