By BRAD GASKINS / Staff Writer

COLUMBIANA – Fifteen jurors were seated Thursday afternoon to decide Bart Johnson’s fate.

They are tasked with deciding whether Johnson is guilty, as the state alleges, of two counts of capital murder – one for intentionally killing an on-duty police officer and another for intentionally causing death by shooting from an occupied vehicle.

Johnson, accused of shooting Pelham police officer Philip Davis during a December 2009 traffic stop on Interstate 65, has pleaded not guilty to both counts by reason of mental illness or defect.

“We couldn’t put on a defense like this unless we had a diagnosis,” defense attorney Charles Salvagio said while questioning potential jurors.

Only 12 of the 15 jurors will decide Johnson’s innocence or guilt, but the jurors won’t find out which three are alternates until deliberations begin.

Despite Johnson’s mental disease or defect defense, prosecutors still must prove beyond a reasonable doubt that Johnson shot and killed Davis. However, the defense has the burden of making a “clear and convincing” mental disease or defect case.

Opening arguments begin before retired Shelby County Circuit Judge Al Crowson when court resumes Friday at 9 a.m.

Jurors were sworn-in at 4:36 p.m. Thursday and told not read newspaper accounts of the case, watch TV reports about the case or use social media accounts, including twitter, facebook and myspace.

It will be a “limited sequestered” jury, Crowson said, noting jurors will remain together during lunch breaks.

Salvagio told potential jurors earlier in the day that the defense would bring in “national people” to make their case. That list, Salvagio said, includes experts from Florida, Kentucky and New York.

Salvagio told potential jurors that both sides will have mental experts, and that it’s up to them which experts to believe.

Shelby County District Attorney Robby Owens on Thursday morning asked potential jurors, as a group, a series of questions, including:

-Do you have any specialized training in firearms or ballistics, other than being a hunter?

-Do you have any special training in DNA methods?

-Would you have any problems viewing autopsy photos or watching video taken from a police cruiser?

-Have you or someone close to you ever dealt with migraine headaches. If so, were you or the person you know ever on medication for migraine headaches?

-Have you or someone close to you ever seen a psychologist or psychiatrist? Have you dealt with either of the two on a professional level?

-Are you close friends with any of the other potential jurors present in the courtroom?

When 97 remaining potential jurors returned after Thursday’s lunch break, Salvagio asked questions, including:

-Did anybody contribute money to fundraisers for Davis’ family?

-Does anybody live on the street in Pelham named in honor of Davis?

-“Most importantly,” he asked, does anybody think a mental illness defense is “just a way to get out of” the capital murder charges.

During questioning of potential jurors, Salvagio praised Shelby County for its response to Davis’ death.

There is “not a tribute that they can’t give him,” Salvagio said, adding Davis “should never be forgotten.”