The Susan Smith Trial

By MOLLY McDONOUGH
Staff Writer

UNION, S.C. (7/18/95) -- The judge expelled a woman juror in the Susan Smith case Monday after he discovered she had a federal conviction. Then he locked her up because she had allowed her daughter to fill out her jury questionnaire.

Gail Gibson Beam, 37, of Carlisle, was called back to court after a federal magistrate in Greenville tipped presiding Judge William Howard to her conviction.

Beam and more than 20 others were indicted in March on charges that they bilked Equifax out of $635,000 over a four-year period. She pleaded guilty to one count in the indictment later in March and is awaiting sentencing.

Under state and federal law, a person convicted of a crime that carries a sentence of more than one year is not qualified to serve on a jury.

Howard chastised Beam for jeopardizing a case that lawyers and law enforcement officers have spent months preparing.

"I am so completely distraught by what you have done," Howard said after finding her in contempt of court.

"You just out and out lied to me about your juror questionnaire."

Beam tried to excuse her actions, but Howard interrupted her and advised her to remain silent.

Howard could have fined her up to $10,000 or imposed a six-month sentence, but decided instead to hold her overnight and appoint her an attorney in the morning.

Her record came to Howard's attention after Beam or a relative notified federal officers that she was selected for the Smith trial.

Beam didn't seem to understand that her plea on the federal charge disqualified her from the jury. But when asked why she answered "no" to a question about ever having been charged with a crime, Beam said her daughter filled out the form for her.

"You have no idea what is on this questionnaire?" Howard asked in disbelief.

"No," she answered, seemingly unaware of the consequences of her answer.

Howard first disqualified her for her previous conviction, then expressed his displeasure with her for lying.

"Your failure to respond properly to the jury questionnaire, by clearly not complying with the instructions ... and answers to my questions, you leave me no choice but to conclude you are in direct criminal contempt of this court," Howard said.

To bring the jury panel back up to 12, Howard instructed the clerk to draw from one of the two alternates. A white middle-aged woman was selected, leaving one white man as an alternate. The gender ratio remains the same, nine men and three women.

Lawyers from both sides didn't seem concerned about going forward with one alternate. Solicitor Tommy Pope said he is not worried because the case is not expected to last more than a couple of weeks.

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