Jury selection begins in Paul Edward Westbrooks Jr. murder case; judge grants state—9s motion in limine

Judge West began jury selection Friday in the murder prosecution of Paul Edward Westbrooks Jr., in Jefferson County's 252nd District Court, granted the State's motion in limine and had the defendant sign an election for the jury to assess punishment if there is a guilty verdict.

The court record shows the State's first motion in limine (dated April 22) was —granted in full,— Judge West said on the record, and the judge told counsel to approach the bench if either side later thought a previously excluded matter should become admissible. The judge also asked defense counsel to file a discovery certification and to electronically file the defendant's written election that the jury, not the judge, will assess punishment.

The hearing moved into extended voir dire. Judge West read the elements the State must prove beyond a reasonable doubt for the offense alleged: that on or about April 10, 2023, in Jefferson County the defendant, acting intentionally or knowingly in the course of committing aggravated robbery, caused the death of Robin Dotson. The judge explained the legal definitions jurors must consider for murder under Texas law and emphasized that Texas does not use an accessory/aiding-and-abetting separate charge the way some other states do: —If you aid, solicit, encourage, direct, aid or attempt to lead another person to commit an offense, you are criminally responsible as a party to that offense,— the judge said, summarizing the complicity standard the jury will apply.

Judge West instructed prospective jurors repeatedly on the presumption of innocence and the State's burden to prove each element beyond a reasonable doubt. —Evidence comes to you through the witness stand, through exhibits that are entered into evidence, or through the testimony of the witnesses,— the judge told the panel. He reminded jurors not to consult news reports or other outside information about the case and warned witnesses not to discuss the case with others because this is a retrial following a prior mistrial.

Prospective jurors answered questions about what kinds of proof they would expect to see (live testimony, photographs, forensic evidence such as DNA or ballistics) and debated whether a person who participated in a robbery but did not fire a weapon should be treated the same as the shooter under Texas law. Several jurors said they would distinguish between guilt and punishment, with some indicating they would find a defendant guilty of the offense charged but recommend a lesser punishment depending on their view of the defendant's role.

The court detailed logistical matters for jury selection, including short breaks and a planned recess while the judge and attorneys handle follow-up questions with specific jurors. Judge West said some jurors would be called back individually to answer further questions, and he told the assembled venire the court would reconvene after the break to continue selection.

No evidentiary rulings other than the granting of the State's motion in limine and the filing/electronic-recording of the defendant's election were entered on the record at this hearing. The judge closed the session by asking whether any prospective juror believed they could not be fair and impartial; several asked to be recalled for private questioning and the court scheduled follow-up conferences with those individuals.