Baltimore defense attorney Andrew Levy said prosecutors will have to show that Leopold knew he was breaking the law.
To do so, Levy said, they might point to the allegation that Leopold directed one officer to drive him around before sunrise to uproot his 2010 opponent's campaign signs. Levy said if prosecutors can show he "did it in the dark, that allows a person to say he knew that it was wrong."
With the dismissal of prospective jurors Thursday, Sweeney released the 52-item questionnaire they filled out in December.
In addition to questions about their backgrounds, education, employment and familiarity with the case, they were asked if they had contributed to any of Leopold's political campaigns — or to an opponent's — and ever had contact with any of 100 individuals who might be mentioned or called as witnesses during the trial.
The list included Leopold's alleged live-in girlfriend and his alleged mistress; police, including those who had been on his protection detail; 2010 challenger Joanna Conti, whose signs he is alleged to have uprooted, and on whom he is alleged to have directed police to create a dossier; and former Anne Arundel Police Chief James Teare Sr., whose abrupt retirement last year ended an investigation into his actions.
Also on the list are U.S. Rep. C.A. Dutch Ruppersberger, Baltimore County Executive Kevin Kamenetz, Howard County Executive Ken Ulman and Janet S. Owens, who was Leopold's predecessor as Anne Arundel county executive.
Attorneys are expected to begin opening statements Friday morning. Davitt, the prosecutor, said it will likely take four days to present his case. He said he planned to call 10 to 12 witnesses, but that may change as the trial progresses.
Baltimore attorney Arnold Weiner, who defended former Mayor Sheila Dixon, former Gov. Marvin Mandel and former Rep. Edward Garmatz, said the public and media attention paid to the trials of public officials increases the pressure on all participants.
"The prosecutor who takes on one of these cases knows that everything he or she is doing is in the public eye," Weiner said. "The desire to win — or not to lose — is enormous.
"The judges feel the pressure to bring those cases to conclusion. In some instances, the judges feel pressure to bring those cases to a conclusion that [is] popular, when in cases that don't get so much attention, they aren't under the gun.
"Of course, those same pressures manifest themselves in connection with the defense lawyers as well," Weiner said.