Juror 142 - Clinton - not selected

[Timber Loftis]

As it turns out, his number just didn't come up.

Today's NY Times

Hail to the Juror? Not in This Case By STEPHANIE ROSENBLOOM After several days of jury selection in a Manhattan courtroom that received more attention than the federal trial itself, prospective juror No. 142 — William Jefferson Clinton — is back today to being simply president No. 42. The former president found out on Wednesday afternoon that he was not chosen for the trial of Dushon Foster who is charged with attempting to commit murder in order to improve his position with the Bloods street gang. Mr. Foster has pleaded not guilty. The final jury was selected at Manhattan Federal Court before Mr. Clinton's number — 142 out of about 150 prospective jurors — ever came up. It was not clear until then whether the former president would have to serve, but last Friday Judge Naomi Reice Buchwald, who was appointed by President Clinton in 1999, said she was concerned that having the former commander-in-chief sit on the jury might sensationalize the trial. "To have juror 142 here, with Secret Service protection, is to — it seems to me — undermine our efforts to keep the case focused quietly on the evidence," the judge said in a transcript released after the hearing on Friday, the first day of jury selection. Judge Buchwald also pointed out that Mr. Clinton's pardon of Marc Rich in 2001 was the subject of an investigation by the United States attorney's office and that "that would be a traditional basis to disqualify someone from serving." Mr. Clinton never actually showed up in the courtroom. Instead, he and the 149 or so others who were called up were required first to fill out a questionnaire designed to help defense lawyers and prosecutors select a jury for the case. Prospective jurors, starting with No. 1, were then either dismissed or had to show up in the courtroom for face-to-face questioning from the lawyers. Because his number was so high, Mr. Clinton never faced either of those prospects before a jury of 12 and two alternates were selected. Still, even the long-shot chance of the former president sitting on a jury drew a load of attention. Courtroom whispers began at the hearing on Friday when the questionnaires were being examined and it was noted that under previous jobs held prospective juror No. 142. had written "President of the United States." Federal prosecutors promptly asked Judge Buchwald to remove prospective juror No. 142. A defense lawyer, Roger L. Stavis, said that he did not see anything suggesting that No. 142 should be disqualified, though he said that some of No. 142's responses, like the fact that he had been robbed twice, should be followed up with more questions. Mr. Clinton wrote in his questionnaire that he could be fair and impartial, despite his "unusual experience with the O.I.C.," or Office of Independent Counsel. Before 1996, there were 27 exemptions and disqualifications for jury duty in New York State. Doctors, lawyers, clergymen, members of the armed forces and elected officials were among those exempt or disqualified from serving. That changed on Jan. 1, 1996, as a result of legislation that repealed the exemptions and disqualifications, making it possible for even former presidents to be selected for a trial. The goal of the repeal was to broaden the jury pool and reduce the amount of time jurors had to serve. Mr. Clinton's lawyer, David E. Kendall, said last week, "The former president is subject to jury duty, he's done his part, and if selected he would serve."