Cheers erupted on the ninth floor of the Bob Casey U.S. Courthouse as news spread that the judge was ready to begin selecting a jury.
It was around 5:45 p.m. on Monday, and many of the 60 people gathered outside Judge Andrew Hanen’s courtroom had been at the Rusk Avenue building since 9 a.m., eager to find out whether they would be chosen for the high-profile federal trial of Brian Busby and Anthony Hutchison.
After five hours of voir dire—the process by which potential jurors are questioned to determine their suitability for trial—a jury of 12 citizens and two alternates was selected. The panel, consisting of six men and eight women, will decide the fate of Busby, a former chief operating officer of the Houston Independent School District, and Hutchison, a former HISD vendor accused of bribing Busby and others for favorable treatment.
The jurors include a former 911 dispatcher, a building administrator, a Shell commercial manager, a computer programmer, and a tax advisor. At least four have family members or friends with law enforcement experience.
Though the jury selection took only five hours, it didn’t begin until 1:39 p.m. on Monday. Prospective jurors started arriving at the Houston federal courthouse around 9 a.m., but Judge Hanen delayed the proceedings until 1 p.m. to allow time for them to complete a questionnaire and for both the defense and prosecution to review their responses.
Those who finished their questionnaires early spent the morning milling around the courthouse, affectionately nicknamed the “Sugarcube” for its distinctive cube-like shape. Some jurors passed the time flipping through magazines in the law library on the sixth floor while others read books they had brought from home.
Despite the delay, defense attorneys argued they had insufficient time to review the completed questionnaires. Just before 1:20 p.m., Busby’s attorney, Dick DeGuerin, informed Hanen’s case manager that he had only had the questionnaires for half an hour and needed more time.
Two minutes later, as she walked back into the courtroom, the case manager returned with a simple message: “He said no.”
In narrowing down the 60 prospective jurors to 14, Judge Hanen asked about two dozen questions, including whether any jurors had prior knowledge of the case. Most who answered “yes” indicated that while they had heard of the allegations against Busby and Hutchison, none were familiar with the details of the case.
Other questions included whether they or a close relative had been involved in a lawsuit, testified in one or had paralegal training. The prospective jurors were also asked if they would have difficulty finding someone guilty, whether they could set aside any biases related to vengeance, if they believed they could not determine guilt beyond a reasonable doubt, and whether they had prior jury service. If they had, the jurors were asked about the type of case, whether a verdict was reached, and if they had served as the foreperson. Just over a third indicated they had prior jury service.
Between the prosecution and defense, 17 individuals were struck for cause, meaning they had medical conditions or other circumstances that would prevent them from fully participating in the trial or making a fair decision.
Jurors with upcoming medical procedures, such as a colonoscopy, were excused.
“Though I think she may prefer jury duty,” Hanen quipped. One prospective juror who had a pre-planned vacation was also excused, though Hanen didn’t exclude everyone with travel plans.
“Oh, you can go to that anytime,” the George W. Bush appointee said to a man who planned to attend the upcoming Masters golf tournament in Augusta, Georgia.
After Hanen finished questioning the jurors, he allowed both the defense and prosecution to ask additional questions. Their lines of questioning revealed the types of jurors each side sought and gave a glimpse into their strategies for the case.
DeGuerin, whose past clients include former U.S. Rep. Tom DeLay, the late Robert Durst, and David Koresh of the 1993 Waco siege, took an interest in jurors with experience in procurement and bidding. It was clear by his line of questions that he was looking for jurors who could understand the potential argument that Busby wasn’t involved in every contract Hutchison received from HISD and the complexities of publicly-bid contracts.
Letitia D. Quinones-Hollins, an attorney representing Hutchison, questioned the jurors about their opinions on gambling and whether it could potentially lead to addictive behavior.
Assistant U.S. Attorney Heather Rae Winter focused on jurors who indicated in their questionnaires that they might have trouble believing the testimony of someone who has pleaded guilty in the case. Ultimately, only one person in the jury pool of 60 said they could not remain fair and impartial, citing negative experiences with law enforcement.
Five former HISD employees, including a former school board president, have pleaded guilty to one count of conspiracy in connection with the case. In their plea agreements, they admitted to accepting bribes from Hutchison in exchange for helping him secure HISD landscaping and maintenance contracts or for not obstructing the process by which he did so.
Busby is accused of steering those contracts to Hutchison, whose companies allegedly failed to fulfill them, creating extra work for school grounds crews that accumulated overtime costs.
Among those excused from the jury was a hotel chef who said his wife had been an HISD teacher and specialist for the last two decades. Citing nightly conversations with his partner, he said he could sympathize with HISD and its employees, but that his personal feelings would not interfere with his judgment on whether Busby and Hutchison violated federal law.
Hutchison’s other attorney, Rusty Hardin, objected when Winter sought to exclude the man from the jury, but Hanen ultimately struck him for cause.
“Although out of a prurient interest, I would love to see how he would vote,” Hanen said.
“The table was not unanimous,” Hardin added, referring to himself, DeGuerin, and their co-counsels.
Opening statements in the two- to three-week trial are expected to begin on Tuesday.
Monroe Trombly is a public safety reporter for the Landing covering federal courts and the U.S. Attorney’s Office in Houston. Find him @monroetrombly on X, or reach him directly at monroe@houstonlanding.org.
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