GALENA, Ill. -- Clean shaven and clad in a gray suit, David Damm sat up straight and listened quietly Tuesday as his attorneys interviewed people who may decide if he lives or dies.

Charged with kidnapping, murder and conspiracy in the October 2006 death of 13-year-old Donnisha Hill, Damm, 60, of Waterloo, faces prison or execution if convicted in the trial that will likely begin next week.

Jury selection for Damm began in earnest Monday, and prosecutors and defense attorneys have been working their way through almost 240 people who were called for jury duty.

During individual questioning, Judge William Kelly explained the concept of presumed innocence and gave prospective jurors an overview of the Illinois trial process for capital punishment cases.

He asked potential panel members if they could put aside their personal feelings about the death penalty and be able to follow instructions given by the court.

Prosecutors occasionally took the questioning one step further, asking people in the jury pool if they could sign the verdict form that would sentence a person to death and affirm the decision when polled in open court.

Questions by the defense ran along the same lines. In one instance, a defense attorney asked a potential juror if he would be prejudiced by the fact Damm had been a used-car dealer.

Under Illinois law, capital punishment cases have three phases.

First, jurors would decide Damm's innocence or guilt after the evidence is presented. The jury would have to be unanimous in its decision -- all determining he was guilty or all determining he was innocent -- or the matter would be set for retrial.

In the following step, if Damm is convicted if first-degree murder, jurors would have to decide if he is eligible for the death penalty. To be eligible, all of the jurors would have to be unanimous. If any of the jurors decided he isn't eligible for the death penalty, execution would be off the table, and a judge would impose a prison sentence.

If Damm is found to be eligible for the death penalty, jurors would then begin the third phase and decide if he should be sentenced to death. Again, if any of the jurors decided he shouldn't, execution would be off the table.

Although Illinois has capital punishment on its books, the state is currently under a moratorium that was put in place in 2000 by then-governor George Ryan. Ryan cited "grave concerns" about Illinois record of convicting innocent people and putting them on death row.

Defendants can still be sentenced to death, but the execution won't be carried out unless the moratorium is lifted.

Damm had lived across the street from Donnisha and her mother. In October 2006, her parents suspected she was being sexually abused by Damm and went to Waterloo police. They also had the school district change her bus.

Then on Oct. 27, Donnisha got on her old bus and disappeared after she got off not far from the car dealership where Damm worked. The following day, residents in rural Jo Daviess County, Ill. discovered Donnisha's body.

Authorities said she had been beaten to death in the area where she was found.

Investigators soon arrested Bruce Burt of Waterloo, and court records allege Damm hired Burt to kill Donnisha to prevent her from testifying. Burt has agreed to take the stand for the prosecution in Damm's trial.

Contact Jeff Reinitz at (319) 291-1578 or jeff.reinitz@wcfcourier.com