The day started slowly, as the jury selection process didn't get going until nearly 11 A.M. with a break for lunch before 12:30 P.M. But the delay didn't appear to phase 78-year-old Judge Lewis Kaplan — a veteran of the Southern District of New York some of the biggest cases to roll through the courthouse at 500 Pearl Street in downtown Manhattan.
In his typical candor, Kaplan said he didn't "speak computer" after his desktop beeped in court. He then said his clerk was a computer whisperer, and would, therefore, be able to make his computer whisper.
The no-nonsense U.S. District judge kicked off the first day of trial by addressing Bankman-Fried directly before jurors entered the courtroom, telling him that he had the right to testify and that the decision to do so was his alone — not his attorneys'. Kaplan told Bankman-Fried to rise in court in order to indicate his desire to take the stand in his own defense.
The judge said he would take Bankman-Fried standing up from the defense table as a sign to usher the jury out of the courtroom and address him directly. It is not yet clear whether the former crypto titan will testify in his defense.
The list of cooperating witnesses anticipated to take the stand include Bankman-Fried's ex-girlfriend, Caroline Ellison, and his ex-best friend from high school math camp and former MIT roommate, Gary Wang.
Ellison, who is the former chief executive of Alameda Research, and Wang both pleaded guilty in December to multiple charges and have been cooperating with the U.S. attorney's office in Manhattan for months.
The first step in the six-week trial is assembling a 12-person jury, plus a few alternates. District Judge Kaplan instructed the court that he would be asking all of the questions, though the list had been drafted with feedback from lawyers on both sides. He later said that he expects the jury to be seated by Wednesday at the earliest.
One prospective juror worked for Insight Partners, which had an investment in Alameda, the hedge fund that allegedly used FTX customers' deposits without their knowledge or permission, contributing to the eventual downfall of both companies when the arrangement was exposed and customers raced to withdraw funds. Another tried to get out of jury duty by pleading a six-month trip to Maui, to which the judge responded, "You're a courageous soul."
Most of the jurors said they had heard of Bankman-Fried, citing periodicals as their main source, although one cited the Joe Rogan podcast.
The judge wrapped shortly before 5 p.m., and a pool of about 50 people were told to report back to court on Wednesday at 9 a.m. to avoid traffic from the Trump hearing happening in another part of the courthouse. Jury questioning will resume around 9:30, and once 18 jurors are sworn in, opening statements will begin.
Judge Kaplan finished by admonishing potential jurors "don't talk to a soul about this case."
-- Dawn Giel contributed reporting.
