James Elmore Jr. Trial Set for Aug. 31 as Judge Signals No Continuance
By Investigative Reporter Tammy Rose
James Elmore Jr. remains on track for an Aug. 31 trial in Galveston County.
Elmore pleaded not guilty as his case moves toward a jury. He faces several criminal cases connected to the deaths linked to the area known as the Texas Killing Fields.
Texas EquuSearch founder Tim Miller was also present in the courtroom.
During a pretrial discussion, the judge made one point especially clear. The court intends to try the case as scheduled.
“Unless there’s some medical emergency … no continuance.”
The judge told attorneys to make sure everyone understands that the case has a firm trial setting.
James Elmore Jr. Manslaughter Case Will Go First
Watch the full James Elmore Jr. pretrial hearing above, including discussion of the Aug. 31 trial date, jury selection, discovery and the other pending cases.
Elmore currently has five pending cases, according to statements made in court.
The prosecution told the judge that it plans to try the manslaughter case first on Aug. 31.
The state said it no longer plans to first try newer cases involving allegations of possession of child pornography.
The court also discussed Elmore’s other pending cases.
Prosecutors said the tampering cases could become relevant during the manslaughter trial. They argued that some of that evidence may provide context involving the victim.
If a jury finds Elmore guilty of manslaughter, prosecutors could also introduce evidence from the other pending cases during the punishment phase.
The judge explained that process in court.
If jurors find Elmore not guilty, the remaining cases would still remain pending.
Attorneys Say Discovery Is Nearly Complete
Both sides told the judge that no major discovery issues remain.
Prosecutors said they still need to handle several smaller matters. Those include redactions to statements and identifying specific jail calls.
The state also has images stored on a hard drive.
Defense attorneys can review those materials at the prosecutor’s office.
Elmore’s attorney told the judge that he plans to review the material while preparing for trial.
The court also discussed a discovery compliance form. Defense counsel said he would have Elmore review and sign it.
Court Could Call More Than 200 Potential Jurors
Jury selection could become one of the biggest challenges in the James Elmore Jr. trial.
The case has received extensive media coverage.
The judge and attorneys discussed calling more than 200 prospective jurors because of the attention surrounding the case.
The court could use a larger courtroom to accommodate the panel.
Attorneys also discussed whether to use a written jury questionnaire.
A questionnaire could help identify people who already know details about the case. However, it could also delay jury selection by a day.
The judge raised another concern.
Questions asked in front of the entire panel could influence other potential jurors. The court may instead question some people individually.
The goal will be to find jurors who can decide the case based only on evidence presented in court.
Judge Expects Trial to Last About One Week
The attorneys told the judge they expect the manslaughter trial to last about one week.
The court discussed beginning jury selection on the afternoon of Aug. 31.
Opening statements and testimony could begin the following day.
If the court uses a jury questionnaire, the trial could run slightly longer.
The court also expects to select alternate jurors.
Other James Elmore Cases Could Follow Quickly
Prosecutors are already looking beyond the Aug. 31 trial.
The state told the judge it wants to return to court quickly for another Elmore case.
An October trial setting came up during the discussion.
The court discussed Oct. 5 as a possible next docket setting. Attorneys also mentioned Oct. 12 as another possibility.
Those dates could change depending on how long the manslaughter trial lasts and how quickly attorneys receive the court record.
Judge Warns Elmore Against Speaking
The judge also addressed Elmore directly.
He told Elmore that he did not have to speak in court. The judge warned that anything Elmore said could become evidence against him.
Instead, the judge encouraged Elmore to communicate with his attorney about anything he wants addressed before trial.
The judge said the court would hear necessary motions, even if attorneys file them shortly before trial.
Aug. 31 Trial Remains Firm
For now, the most important development is simple.
James Elmore Jr. remains scheduled for trial Aug. 31.
The prosecution says it will begin with the manslaughter case.
The court expects a large jury pool because of the publicity surrounding the case.
And the judge made clear that he does not expect to grant another delay without a serious emergency.
Tim Miller’s presence in the courtroom also underscored the attention surrounding the case as it moves closer to trial.
Investigative Reporter Tammy Rose will continue following the James Elmore Jr. case and any developments before jury selection begins.
Traveling to Texas for the James Elmore Jr. Trial?
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