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Onstott Trial Dismisses 25 Potential Jurors

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: August 11, 2008

Updated: 08/11/2008 06:44 pm

TAMPA - After three years of legal wrangling, jury selection began this morning for the trial of David Lee Onstott, charged in the 2005 death of 13-year-old Sarah Michelle Lunde.

With prolonged media coverage, however, finding an impartial 12-person jury takes time.

As court recessed this evening, 80 potential jurors had been questioned about their knowledge of the case. Of those, 55 will return Tuesday morning for more questioning.

At one point late today, a potential juror blurted out things he had read about statements of guilt attributed to Onstott. A group of 15 other potential jurors heard him, and they all immediately were released. Of the other eight who were released, most had read things in a newspaper or seen TV news reports.

All day Tuesday, the 55 remaining members of the jury pool will enter a second phase of jury selection. Circuit Judge Ronald Ficarrotta told them they will be questioned not just about their knowledge of media reports but also "a little bit about everything."

Ficarrotta told the prosecutors and defense attorneys he hopes to have a jury selected Tuesday.

Media reporting has been heavy, from her disappearance, the widespread search, the discovery of her body and the arrest of Onstott, a sometimes boyfriend of Sarah's mother.

After Hillsborough County Sheriff David Gee announced that Onstott told detectives he killed the girl, defense attorneys attacked the investigators' tactics. Eventually, Ficarrotta ruled that Onstott's main statement to sheriff's detectives could not be used in court. Onstott, Ficarrotta ruled, had asked for a lawyer but was not provided one.

With no physical evidence linking him to Sarah's death, prosecutors will have to rely on statements Onstott made to his former wife, and to a deputy while he was in the jail infirmary. The bulk of those statements has not been made public and will be revealed as the trial progresses.

This morning, as the first 14 potential jurors were seated in the courtroom for questioning, Assistant State Attorney Jay Pruner asked the group whether any of them had read or seen media reports about the case; half raised their hands.

Some said it had been awhile since they had seen reports. Other said they saw newspaper articles or television reports as recently as this morning.

Pruner asked the first man to be questioned whether he had formed any "fixed or definite" opinions about the case.

After a long pause, the man gave a one-word answer: "yes."

Pruner asked whether the man could listen to the evidence, presume Onstott is innocent and require the state to prove its case. The man said he could.

Eventually, however, he was one of the potential jurors released from service.

When the second group of 14 potential jurors was questioned, all said they had heard at least some media reports about the case. Some were kept; some were released.

If convicted on the charge of first-degree murder, Onstott, 40, faces life in prison. Prosecutors announced in May that they would not seek the death penalty.

On April 9, 2005, Sarah returned from a church trip. She briefly spoke with her brother and his friend, who then went out to get food. Two days later, when she did not show up at school, Sarah's mother reported her missing.

After a large-scale manhunt, Sarah's body was found in a muddy pond, anchored with concrete blocks.

Investigators immediately focused on Onstott. Sarah's brother told law enforcement officers that Onstott was at their mobile home the night she disappeared.

Over several days, Hillsborough County sheriff's detectives interrogated Onstott, who had signed forms agreeing to speak with them without a lawyer present. Then on April 14, 2005, Onstott told a detective he would not sign any more forms without speaking to a lawyer.

The detective left the room but another soon entered, and Onstott made a statement. The detectives continued to interview him during the next two days without a lawyer present.

The trial is expected to continue into next week.

News Channel 8 reporter Samara Sodos contributed to this report. Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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