Jury selection was the beginning of the trial for Frank Bybee, 46, who is facing 18 felonies, including attempted murder, exploitation of the elderly, burglary, theft and kidnapping. He faces a life sentence if he is convicted of the first-degree felony charge for attempted murder.
His trial was postponed for 20 days after his attorney withdrew and a former Manatee County judge, John Lakin, joined the defense team causing a conflict of interest with 12th Judicial Circuit Court Judge Thomas Krug. Lakin is currently under investigation by the Florida Bar for actions taken while he was on the bench.
Krug recused himself from the case and Chief Judge Charles E. Williams asked the Florida Supreme Court to appoint a judge from outside of Sarasota County. Judge Donald H. Mason of Charlotte County was assigned to the case that was original scheduled to begin Sept. 5.
Assistant State Attorneys Karen Fraivillig and Art Jackman, and defense attorneys John Lakin and Ronald Kurpiers, must now choose 12 jurors and two alternates to sit on the jury.
The trial will likely begin Wednesday and is expected to last for two weeks.
Prospective jurors were questioned in two different sessions Monday, with attorneys deciding after each session whether hardships and established opinions produced by jurors were enough to strike them from the roster.
Many jurors raised their hands when asked if they had read or watched coverage of the Bybee case. Some said they already had preconceived notions of guilt and could not be impartial.
Among the reasons jurors gave for being unable to render a fair verdict were being caretakers themselves for disabled relatives, “personal feelings,” and one said a family member was convicted of murder and died in his jail cell. The statements came after jurors were informed that the case could take up to two weeks. Some expressed worries over financial hardships.
“I just could not do it,” said the female juror whose family member died in jail.
Another female juror said she decided she could not be fair after hearing the charges in the case, which involves an elderly woman.
A male juror said he is retired and takes care of his mother.
“I bathe her, toileted her, and fed her,” the male juror said. “You don’t want me on that trial.”
A juror in the afternoon session said she lost a lot of work during Hurricane Irma and is responsible for watching her grandchild.
The hurricane hardship excuse was the most common reasoning for many jurors, besides vacations, seeking to be exempt from the trial. Judge Donald H. Mason of Charlotte County said that nearly every juror present will suffer a financial inconvenience. He said it jury duty was part of living in America.
The attorneys released most of the jurors who cited hardships.
Several jurors felt they could be fair, but made the judge aware of possible issues that could arise during the trial.
“I wanted to let you know that my husband is a police officer,” a female juror said.
Two additional jurors just wanted the court to know they worked with the elderly, but felt “presumption of innocence” was not a problem.
Judge Mason and Fraivillig told the panel to be blunt with their answers.
Fraivillig asked the potential jurists if they would participate in the selection process. When they did not reply, she asked again, sparking a “yes” response.
“The most important thing for you to do is be candid with us,” Fraivillig said. “We are looking for jurors that have no preconceived notions or biases. We need you to be a blank slate.”
Two jurors said they had family members in law enforcement — one said they could be fair, the other said they might be tempted to side with a law enforcement officer.
A female juror said her uncle is a sheriff’s deputy being called as a witness. She said even if he was a plumber, she would trust her relative’s opinion.
Long after the potential jurors were asked if they had conflicts, two men said that they might have issues with “the system.”
“I have had dealings with State Attorney and sometimes I see how things go,” a male juror said. “Sometimes I agree and sometimes I don’t agree — because I am exposed to it, I’m probably not the best person.”
Both sides agreed to strike one female juror who told the court, “If I’m not getting paid, I will have an attitude.”
A male juror in the afternoon session asked whether he could make a fair judgement based on the charges he heard in the case said, “No, I can’t. I personally feel this guy is a low life.”
Another female juror says she works at the Sheriff’s Office and has been subjected to “negative opinions” about Bybee.
A male juror who said he was had to attend a paramedics test to become a firefighter was also excused. He received soft applause from the crowd when Judge Mason released him.
Bybee, an 18-year employee of the Sheriff’s Office, was arrested Jan. 23 after a 79-year-old woman called the Sheriff’s Office for help on Oct. 21.
Bybee, a patrol deputy, was sent to the call and took the woman to Sarasota Memorial Hospital, where the former deputy prayed with her before he left, according to an investigation.
About two months later, the woman reported that Bybee had inserted himself into her personal life and had become too controlling. She asked the Sheriff’s Office for help in severing the relationship with the deputy.
Bybee was placed on administrative leave Jan. 9 and three days later, according to court documents, he went back to elderly woman’s home and attempted to kill her.
The Sheriff’s Office terminated his employment on Jan. 31 after enough information was discovered through an internal affairs investigation to sustain allegations of conduct unbecoming and conformance with laws, on top of criminal charges.
Bybee has been in custody at the Sarasota County Jail on a $380,120 bail.
Jury selection is expected to last until at least Tuesday.
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Jury pool shrinks for attempted murder trial of former Sarasota deputy
He looks like he's on drugs.
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