Lazcano jury selection extends to second day

Jury selection for the second trial of Daniel Lazcano continued into a second day Wednesday in Whitman County Superior Court. A total of 92 county residents were called to report Tuesday and 87 were seated for the start of the selection process.

The selection process started after Judge David Frazier decided the court would attempt to seat a jury here before ruling on a motion by Lazcano’s defense attorneys to move the trial out of Whitman County.

Tuesday the 87 residents filled most of the courtroom as the selection process got underway. The elimination process continued through the first day of the trial session.

Defense attorney Eric Christianson of Spokane contended in his motion that pre-trial news reports covering the Lazcano investigations and trials made it unlikely a panel of unbiased jurors could be seated for Daniel Lazcano’s second trial.

A hearing on the motion was conducted May 16, and Judge Frazier decided to go ahead with attempts to seat a jury.

The jury in the first trial for Daniel Lazcano reported Feb. 21 they were unable to reach a verdict on charges of first degree murder and kidnapping of Marcus Schur, Rosalia, Dec. 27, 2011, at Malden.

Judge Frazier declared a mistrial and remanded Daniel Lazcano, now 22, back to the Whitman County jail where he has been in custody since.

Daniel’s brother, Frank Lazcano, was sentenced April 12 to 25 years in prison after the jury in his trial convicted him of felony murder of Schur. The jury found Frank Lazcano not guilty of the kidnapping charge.

Christianson’s motion to move the trial included a 58-page media listing of television and press reports on the Lazcano investigation and trials. It contended the relative small population of Whitman County, cited at 45,077, made it difficult to find unbiased jurors for the second trial of Daniel Lazcano.

Judge Frazier said at that time potential jurors would be required to fill out a questionnaire as part of the jury selection process. He also noted a backup plan would be developed in the event a jury could not be seated.