By Gongwer Staff
Posted: January 23, 2023 9:14 AM

Jurors in a high-profile corruption trial got their first look Friday at the case that awaits them while facing probing questions on their backgrounds and political views.

The daylong jury selection playing out in a Cincinnati courtroom Friday provided plenty of foreshadowing for the trial of former speaker Larry Householder and lobbyist Matt Borges, which officially kicks off Monday with opening arguments.

But more surprises remain in store for the upcoming six-week trial, including the full list of witnesses expected to testify – featuring several current and former public officials – that has yet to be publicly unveiled.

Heading into the courthouse, Mr. Householder expressed continued confidence in the face of the racketeering charge that could accompany up to 20 years in prison and fines of up to $250,000 along with potential restitution.

"I've been waiting two-and-a-half years for this," he said. "You bet I'm ready."

Federal prosecutors have accused both men of the same charge, claiming they participated in a $60 million bribery scheme to fuel Mr. Householder's political ambitions and pass a 2019 energy law. Both have pleaded not guilty.

For jurors, U.S. District Court Judge Timothy Black's remarks were the first indication they had been picked to participate in the largest bribery trial in state history.

"This case is not about political parties or whether you agree or disagree with anyone's political affiliations," the judge cautioned. "This is a trial, not an election."

The court entered Friday having winnowed a pool of 350 citizens down to 53 prospective jurors. By day's end, after hours of interrogatories and challenges, the court impaneled 12 jurors and four alternates who have been directed to refrain from consuming news coverage of or discussing the case in the weeks ahead.

The proceeding turned up some new details, including the extent to which Messrs. Householder and Borges bargained with the government to avoid trial. Federal prosecutors said no offers are currently on the table.

Mr. Householder received no formal plea offers since his 2020 arrest, declining to move forward with such talks. Mr. Borges, on the other hand, received an offer of no more than six months in prison if he pleaded to a single count of the indictment and provided substantial assistance to the government.

The biggest outstanding question, though, remains the witness list, which has yet to be made public. Names already confirmed as expected witnesses include FBI Agent Blaine Wetzel, Attorney General Dave Yost and former representatives Kyle Koehler and Dave Greenspan.

The court shared the full list of witnesses privately with the jury pool, prompting several jurors to indicate they were familiar with some names on the list. Attorneys and the judge then questioned those jurors privately in sidebar conversations. According to the judge, each name prompting a potential conflict was that of a "public official."

In vetting jurors, Assistant U.S. Attorney Emily Glatfelter's questioned whether individuals had experience working within the Ohio legislature or executive branch agencies. Attorneys for the defense focused their questions on gauging jurors' opinion on the role of "big money donations in American politics" and the role of lobbyists in the political process.

Throughout the day, numerous individuals were turned away for conflicts, medical conditions or personal situations that might have impaired their service. At one point, an individual recounted concerns about needing frequent trips to the lavatory, prompting Judge Black to quip: "I support the right to urinate."

During questioning, 15 prospective jurors indicated they were familiar with the case or either of the defendants, but none said that would conflict with their ability to serve. Four signaled they knew their current legislative district and seven could identify their state representative.

Other questions sought to ferret out any strong feelings about energy policies. That prompted one potential juror to rail on the Biden Administration for shutting down the Keystone Pipeline and another to voice support for solar projects, revealing he is a party to a challenge pending before the Ohio Supreme Court.

The judge took the final business day before the trial to dispense with a handful of lingering matters, including denying defendants' motion to block references from guilty pleas and immunity agreements. (See Gongwer Ohio Report, January 17, 2023)

Judge Black ruled such information is necessary for jurors to fully vet the credibility of those witnesses and that its absence may misrepresent the defendants as the only ones prosecuted.

"Leaving such open questions in jurors' mind serves no one's best interest," the judge concluded.

The judge separately sided with Mr. Borges' attorneys in deciphering several disputed words in a transcript of his recorded remarks. (See Gongwer Ohio Report, January 19, 2023)