Here's how Maxwell Anderson's criminal trial will work, from jury selection to a verdict
Maxwell S. Anderson's criminal trial in the murder of 19-year-old college student Sade Carleena Robinson is officially underway.
Anderson, 34, has been charged with killing and dismembering Robinson, who was last seen April 1, 2024 on a date with him. In the weeks after she was reported missing, severed human remains belonging to Robinson were discovered around Milwaukee County
Unlike a civil trial, which concerns disputes between individuals, a criminal trial involves the government prosecuting the case against a person charged with a crime. Anderson's trial is also unique in that the court is calling a larger than normal pool of potential jurors to decide the case.
Here's what to expect as the trial unfolds, including how a verdict and potential sentencing will work.
The two sides in a criminal trial are the prosecution and defense. The prosecution represents the government, and the defense represents the person charged with the crime.
In this case, the state of Wisconsin is attempting to prove Anderson is guilty.
The government has the burden of proof in a criminal trial.
That means the defendant is presumed innocent until proven guilty, and the state of Wisconsin must prove he is guilty beyond a reasonable doubt. If the jury determines the state has not adequately proven guilt, then Anderson will be acquitted of the charges.
Anderson was charged with first-degree intentional homicide, mutilation of a corpse and arson on April 12, 2024.
In Milwaukee County, prospective jurors are randomly selected from the Wisconsin DMV's lists of driver's licenses and other issued identification.
Eligible jurors are Milwaukee County residents and U.S. citizens who are at least 18 years old and understand English. People who have been summoned for jury duty within the last four years and/or are convicted felons whose civil rights have not been restored are not eligible.
After a group of potential jurors is assembled, attorneys on both sides will ask the jurors questions to determine their eligibility to serve on the jury. This process is called voir dire.
Depending on the circumstances of the case, each side is allowed to dismiss a certain number of jurors without stating a reason. There is no limit on the number of jurors each side can request to dismiss with cause, according to the Wisconsin Jury Handbook.
In Milwaukee County, jury pools typically consist of 30 to 40 people, which is then culled to 14 for the final jury. All 14 hear testimonies, but only 12 are asked to decide a verdict.
However, in Anderson's trial, the court is assembling an unusually large jury pool of 50 to 70 people. That means jury selection, which begins 9 a.m. on May 27, could take several days.
A draft questionnaire for the Anderson trial, filed in November 2024, says potential jurors will be asked if they've served on a jury in the past, if they know the defendant or the victim and if they have seen previous news coverage of the case.
In widely publicized cases, jurors are sometimes sequestered in hotel rooms with limited media access throughout the trial to avoid any outside information or opinions influencing their verdict.
The court has not shared any information about whether jurors in the Anderson trial will be sequestered. Typically, requests for sequestration are made before the trial starts.
After jury selection is over, the prosecution and defense will both present an opening statement of their case to the jury.
Next, the prosecution — in this case, the state of Wisconsin — will present their case attempting to prove the defendant is guilty. This can include physical evidence, videos and photos, and witness testimonies.
After the prosecution questions a witness on the stand, the defense is allowed to cross-examine, or question, the same witness. The prosecution can then question the witness one more time if they wish, which is called redirect examination.
After the prosecution has rested its case, the process repeats with the defense presenting its evidence.
The defense does not have the burden to prove anything, but criminal defense strategies can include pointing out inconsistencies in the prosecution's case, arguing someone other than the defendant is guilty, or arguing the defendant was mentally ill at the time of the crime.
After both sides have presented their evidence, the prosecution will deliver a closing statement, followed by the defense.
Defendants have the right to remain silent and refuse to testify at trial. It is common practice for defendants to choose not to testify.
A judge will give the jury instructions about what factors must be proven for a conviction of a specific charge.
Juries can be instructed to consider what are known as "lesser included" offenses.
For example, a jury may have the option of considering a charge first-degree intentional homicide or the less serious offense of first-degree reckless homicide.
Following closing statements, the jury will go to a deliberation room to decide its verdict. In a criminal trial, the verdict must be unanimous; if jurors cannot agree on a verdict, then a hung jury is declared, and the case may be retried.
There is no time limit on deliberation, and jurors can deliberate anywhere from hours to weeks to decide a verdict.
If the defendant is found guilty, the judge will set a date for sentencing. This is often not for several weeks, or even months, after the trial concludes.
In the interim, people affected by the crime can submit victim impact statements to the court. Along with factors like the seriousness of the crime and the defendant's criminal history, the judge will take these statements into account when determining the sentence.
If convicted of first-degree intentional homicide, Anderson faces a mandatory life sentence.
Anderson's trial is scheduled to start 9 a.m. on Tuesday, May 27 and last two weeks.
The trial will be held in the Milwaukee County Safety Building, part of the county's Courthouse Complex. Milwaukee County Circuit Court Judge Laura Crivello will preside over the trial.
This article originally appeared on Milwaukee Journal Sentinel: How will Maxwell Anderson criminal trial work? Jury selection, verdict

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