Chester Brown’s trial postponed

Multiple potential jurors struck from pool

Chester Brown’s first jury trial was postponed today after the jury pool became too small to proceed. 

Brown, 63, appeared Thursday morning in Rappahannock Circuit Court to stand trial on a felony charge of possession or transportation of a firearm by a felon in connection with the theft of a firearm belonging to Doris Critzer who was murdered last August. Brown pleaded not guilty to the firearm charge at his arraignment before the trial. He has not been charged in the homicide.

Both Commonwealth’s Attorney Art Goff and Brown’s defense attorney Joseph Pricone said they were ready to proceed with the trial, and they began asking potential jurors about their impartiality and bias. Questions included whether anyone had an existing relationship with Brown, the victim, witnesses or either of the attorneys, or read stories about the case in the news media or internet. Seven people raised their hand saying they read about the case in the Rappahannock News and two said they read it on the internet or on RappNet. Several jurors noted potential conflicts such as relationships to Brown, Goff and prosecution witnesses. 

After a private conversation took place among the judge, Brown and both attorneys huddled in the corner of the courtroom, the judge announced that they did not have the required 20 potential jurors to proceed. 

‘“[The] court has declared a manifest necessity to reschedule the trial,” Judge Douglas Fleming Jr., told the jurors, thanking them for answering the summons. “I look at you, and you literally are the government…the fact that the trial did not go forward is not important…what’s important is you were here today.”

Before a jury trial begins in Virginia, prospective jurors are questioned by both the prosecutor and defense attorneys to see if they can be impartial and unbiased. After these questions, both attorneys can ask the judge to strike jurors “for cause.” Reasons include relationships with parties involved in the trial or pre-existing bias that could possibly prevent them from justly ruling on the case. Twenty people have to remain in the pool after this, but in this case, too many were struck from the 23-person pool sitting in the courtroom.

The judge did not specify how many potential jurors were struck or for what reasons. 

“Many folks think they have to have a sanitized mind…no one’s mind is sanitized, why? Because we’re human,” Judge Flemming said before he began questioning the jury. “[It’s an] analytical process…can you set aside your views and experiences and listen to evidence?”

Among the jury pool were well-known county residents and officials: Jackson Supervisor Donna Comer; Commissioner of Revenue Mary Graham; Flint Hill Company 4 Secretary Hugh Hill; and a juror who said he was related by marriage to Bruce Critzer, a witness for the prosecution. One juror said she knew Brown well from volunteering with him at the Rappahannock Food Pantry, and another said Brown had worked for her stacking wood.

No date was set for Brown’s postponed trial, however, he is to appear March 11 for a status hearing. In addition, he is scheduled for a jury trial on March 21 on two additional firearm felony charges. 

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