Eight women and four men will decide the fate of a Schuylkill Haven man charged with tying an Orwigsburg man to a tree in South Manheim Township in May 2012 and leaving him to die.
Keith A. Reber, 49, conferred frequently Thursday with his lawyer, Robert J. Kirwan II, Reading, while picking the jurors who will rule on whether he is guilty of criminal homicide and other charges in connection with the death of Bryan R. Smith, 26.
Reber's trial will start at 9 a.m. Monday, Judge Charles M. Miller told the 12 jurors plus four alternates, all male, who must make their decision based solely on what they hear in the courtroom.
"The only evidence that may be considered is the evidence that comes from the witness stand," Miller told the 50 prospective jurors from whom the 16 were chosen.
That evidence will include testimony from Reber's alleged co-conspirator, Daniel W. Dull, 26, of Orwigsburg, who originally was to have been tried with him, Assistant District Attorney Michael A. O'Pake told the panelists.
"His case will be disposed of some time after this case," O'Pake said of Dull after jury selection concluded.
Reber is charged with criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful possession of firearms, unlawful restraint, recklessly endangering another person, tampering with evidence, possession of firearm with altered manufacturer's number and two counts of simple assault.
State police at Schuylkill Haven have alleged that about 3 a.m. May 28, 2012, Dull and Reber took Smith to 294 Meadow Drive, Reber's home, marched him to a secluded wooded area, bound him to a tree and left him to die. Reber returned to the scene about 11 p.m. that same day and found Smith dead, according to police.
If convicted of either first- or second-degree murder, the most serious degrees of criminal homicide, Reber would be sentenced to life in prison without the possibility of parole, since prosecutors are not seeking the death penalty against him.
O'Pake, who is prosecuting the case with Assistant District Attorney Rebecca A. Elo, said he believes the trial will last five days.
Because prosecutors are not seeking the death penalty, O'Pake and Kirwan did not question the prospective jurors individually.
They focused their questions on whether the prospective jurors knew the defendant, any of the lawyers or any of the possible witnesses in the case; whether they could judge another person; and whether they could follow the law as Miller gives it to them.
"You can't prejudge this case," Kirwan told them. "The laws are there for a reason, to protect all of us."
Court Administrator Lois A. Wallauer said 153 people reported Thursday for possible jury duty in the case, and 65 were on call to report today if they had been needed.Defendant: Keith A. Reber
Age: 49
Residence: Schuylkill Haven
Charges: Criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful possession of firearms, unlawful restraint, recklessly endangering another person, tampering with evidence, possession of firearm with altered manufacturer's number and two counts of simple assault