Jury chosen — 4:55 p.m. Indianapolis time

Seven men and five women will serve as jurors in the trial of Brian Reese.

A judge, lawyers and as many as four dozen witnesses are in Valparaiso this week for the trial of the man accused of shooting Indianapolis police officer Jason Fishburn.

The jury also includes two women serving as alternates.

All 14 people were escorted from the court around 3:30 p.m. today Valparaiso time. They are expected to return at 9 a.m. Tuesday to hear opening arguments in the case.

Jury selection update — 2:10 p.m. Indianapolis time

By today’s lunch break, seven of the 14 people needed for a jury in the trial of Brian Reese had been selected.

Reese is accused of the attempted murder of Indianapolis Metropolitan Police Department officer Jason Fishburn and other charges.

Jury selection was expected to resume around 3 p.m. Indianapolis time (2 p.m. Valparaiso time). The selection process was expected to take the rest of the day.

A few of the people who were not selected as jurors had some knowledge of the case.

The jury will include 12 jurors and two alternative.

Porter County, where the trial was moved because of pre-trial publicity and Fishburn’s involvement in a local referendum, called in between 40 and 50 residents as potential jurors, although — as happens in many court situations — some people did not show.

From today’s Indianapolis Star

A judge, lawyers and as many as four dozen witnesses are trekking to Northwest Indiana this week for the trial of the man accused of shooting Indianapolis police officer Jason Fishburn.

Heavy media coverage and community reaction surrounding Fishburn’s battle for survival after a gunshot to the head prompted the move. Now a Porter County jury — to be selected today in Valparaiso — will tackle a key question.

Brian Reese’s attorneys will challenge Marion County prosecutors to prove that Reese intended to kill Fishburn when he shot the officer during a foot chase in July 2008 on Indianapolis’ Eastside. Fishburn lived, and Reese is charged with attempted murder.

“We’re not denying our guy is the one who pulled the trigger,” attorney David Shircliff said. “(But) he did not intend to kill the officer. It was a stupid thing. He was just trying to get away.”

If the jury is swayed by the defense, it could convict Reese of a lesser crime such as aggravated battery or criminal recklessness. Those carry less severe penalties.

At the trial, expected to take at least a full week, Reese, 37, also faces charges of resisting law enforcement and carrying a handgun without a license. The sentence for attempted murder is 20 to 50 years in prison.

Marion Superior Court Judge Lisa Borges has served as special judge since she granted the motion to change the trial’s venue and will preside in the Porter County courtroom. Opening statements could begin later today or Tuesday.

Marion County Prosecutor Carl Brizzi, who says he takes the case personally, will lead the prosecution team.

On the day of the shooting, Fishburn, now 30, was among several officers chasing Reese, who was wanted in connection with a killing earlier that week.

Police said Reese and Fishburn ran between two houses, out of other officers’ view, and Fishburn was shot. One bullet hit his protective vest; another went through his skull. Other officers then shot Reese in the shoulder.

Fishburn has gone through extensive rehabilitation and has returned to work, performing administrative tasks.

Reese later was charged with murder in the killings of three people in two incidents the same week. He faces separate trials in those cases later.

In this week’s trial, prosecutors could ask jurors to infer Reese’s intent from factors that include his actions during the chase, his proximity to Fishburn and how many shots he fired.

“They have to show that when he did the act, when he fired the gun, his conscious objective was to kill,” said Frances Lee Watson, a professor at Indiana University School of Law-Indianapolis.

Unlike in a murder case, Watson said, a defendant can’t be convicted of attempted murder simply because he should have known his actions had a high probability of resulting in death.

The defense team plans an aggressive case. Reese’s lawyers lobbied to bring the jury to the crime scene in Indianapolis — a field trip that would consume a day — but Borges denied the motion. They may show a video of the scene instead.

Borges cautioned prosecutors against allowing witnesses to refer to Reese’s status that day as a homicide suspect, which might prejudice the jury.

Even without extensive knowledge of the case among residents of Porter County, jury selection could run long today because the victim is a police officer, a complicating factor in any case.

Brizzi said a fair jury is important, but he hoped the gravity wouldn’t be lost: “We also want to make sure that because this occurred in Marion County, it’s not diminished.”