FORT SMITH -- A jury has been selected for a criminal case in which the Franklin County sheriff stands accused of using unreasonable force against detainees three separate times between September 2017 and December 2018.
Twelve jurors and five alternates have been chosen out of a pool of more than 50 for the trial of Sheriff Anthony Boen, 51.
The trial began about 9 a.m. Monday in Fort Smith before U.S. District Judge Timothy L. Brooks. Boen on Dec. 17, 2019, pleaded innocent to three federal charges of deprivation of rights under color of law. Boen, who has been sheriff since 2011, was released on an unsecured bond of $5,000 with conditions.
The three victims referenced in the charges included in Boen's indictment were identified on Monday as Justin Phillips of Panama, Okla., Brandon English of Ozark and Zachery Greene of Ozark.
The potential jurors were asked questions on a variety of topics by both Brooks and the attorneys involved in the case to determine whether they would be suitable to serve. Attorneys Brandon Carter and Michael Songer represent the federal government, while Russell Wood and Paul Prater represent Boen.
The jury candidates' views of and potential personal connections with law enforcement were major topics for all parties.
Brooks, for instance, asked if they or their close family members work or had worked as law enforcement officers, and if so, whether they had been accused of using "excessive force." He also asked whether the jury candidates believed that officers would intentionally violate the law, as well as if the potential jurors had negative views of law enforcement officers, if they were part of organizations holding anti-police views and if they had been detained or arrested by an officer who treated them badly or unprofessionally.
Carter asked potential jurors whether they believed that law enforcement officers have it harder today than 20 years ago, and if they think the government goes too far to protect the civil rights of people in custody.
Wood's questions included whether the candidates would require that Boen be held to a higher standard than normal because of his status as an elected official. Wood also asked if they knew anyone who's currently an inmate and, if so, whether this created a negative impression of such facilities or the people who work there.
The jury candidates were also asked whether they have had any encounters with those involved in either side of this case or with the more than 30 potential witnesses. Among these are current and former employees of the Franklin County sheriff's office.
Boen's trial was originally set for Feb. 3, 2020, but it was postponed four times. A moratorium on jury trials in the federal courts stemming from the covid-19 pandemic was in place from March 2020 through May 17, 2021.
The trial will continue at 8:30 a.m. today with opening statements and the beginning of testimony. Brooks estimated the trial would last five to seven days.