17 May 2011

Casey Anthony Trial - Day 8 - Afternoon Session - Part II

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Juror 3185 is called in. He has heeded judge's admonitions. He has heard of the case on the news. Recalls a little girl found in the trunk or a field, something to do with Disney, he said. When asked if he watches Nancy Grace or Geraldo he gave a disdainful snort-chuckle and said "No, sir." He watches PBS, History, Discovery.

Juror tells Drane Burdick it's possible that the opinions of others he'd heard was based on media. He said that was "unfortunate" because he believes everyone deserves a fair trial and believes in innocent until proven guilty.

Baez for defense. Juror watches Bay News 9. Most other shows he watches are on PBS. Has seen some forensic shows; nothing on this case. Most of what he saw on this case was in 2008, went on daily for months, it seems. Juror tells Baez he can presume Anthony innocent.

Juror tells judge he feels the death penalty is appropriate in the proper situation. The judge goes over mitigating/aggravating factors with the juror. Judge understands the guidelines and says he will have no problem following them. Says yes, he thinks he can vote for death penalty if facts/law warrant it. Ditto for LWOP.

State had no questions for this juror about death penalty. Ann Finnell for the defense. The juror understands the realities of DP and LWOP. On scale of 1-10, juror is a 6, he says. Juror says he's contemplated the death penalty in the past. Agrees to consider mitigation; won't let victim impact statements influence decisions.

Drane Burdick, general voir dire for state. Juror is 53, single, lived in several states, has an AA degree, cares for friend who had stroke. His nephew just became a deputy in FL in the last 2 months. His general opinion of LE is that he's very pleased to have them protecting us. Juror has 2 sisters and 2 brothers. Is the "favorite uncle" of his nieces and nephews. Not a compute expert; no experience with LE/SAR dogs.

Baez asks juror what he's reading. It's a Tom Clancy book someone gave him Juror agrees to hold state to proof beyond a reasonable doubt and make them prove each element of a crime. Agrees to find Anthony not guilty if he has reasonable doubt; will not hold against Anthony if she doesn't testify.

No challenges to this juror, and he is retained. I *think* we're back up to 12 again (unless I've forgotten any being struck after we dropped back to 11 earlier). Brief recess.

Defense peremptorily strikes Juror #1159 (the disability evaluator for the VA we heard from yesterday).  That didn't take long. Back to 11 jurors again.

Juror #3238 being screened. She had seen a little bit of early coverage (child missing; mom accused). Gets most of her news from Bay News 9. Does not have an opinion of guilt. Can't remember seeing anything in SP Times past couple of years about the case. (I lumped judge, state and def all into one since it was brief -- they all had their go at it).

Juror is for the death penalty in certain situations but it wouldn't be her first choice, she says. Juror says she can vote for DP if appropriate and, likewise, for LWOP if that's the appropriate penalty.

Ashton for the state. Asks juror if she's made decisions that personally affected others' lives. When her husband was on life support, she literally had to make a life or death decision.

Ann Finnell begins her questioning for the defense. Juror says there was nothing about the charges themselves that would prevent her from considering LWOP. On scale of 1-10, juror says she is a 4-5, tops, for the death penalty. She understands the explanations of how to weigh aggravating/mitigating circumstances. Nothing that would prevent her from considering psychological testimony.

State with general voir dire now. Juror tells George she isn't intimidated by cameras; not an issue for her. Is a widow. Has been married three times and widowed three times. What rotten luck. At this point I had to take a phone call and came back in when she was telling George that she's a cosmetologist and does hair (interesting...several mentions of a great big blonde hairdo in Tweets). Juror says she'd like to serve on jury; never has, thinks it would be interesting.

Juror tells Mason she likes to do plastic canvas, knit, macrame, latch-hooking, crochet. She is not eye for an eye or where there's some there's fire type person. She will not give more weight to LE testimony over citizen's when there's conflicting testimony simply because they are LE. Likes to read novels, including Grisham.

State uses a peremptory challenge to strike the potential juror. She is excused. We are still at 11 jurors, according to my notes.

Juror #3190 is screened. She's heard a bit about the case, heard others discuss in passing. Doesn't watch any of the cable news shows mentioned (NG, JVM, etc.). Juror has not formed an opinion of guilt. She says she doesn't know enough about the case to have an opinion. She says she can set aside what little she knows and judge solely on the law. State had no Qs for her on pretrial publicity; Baez, only a couple which revealed she doesn't really keep up with news.

Judge is discussing DP with juror now. She believes in the death penalty. Explains what aggravating/mitigating factors are. She understands and agrees she can follow those instructions and the law in making penalty decision.

Ashton for the state. Juror does not believe in an eye for an eye. Ashton explains that deciding the penalty is a reasoned moral judgment, not a mandate. Juror agrees with him that there's no situation wherein she would think DP ought to be automatic. He's asking Finnell's questions (might speed things up since he's a quick-talker!).

Finnell begins her questioning. Explains the realities of receiving sentences of DP and LWOP. Juror says she is "in between" on 1-10 scale for DP. Clarifies she isn't really "for" DP, that it's only in certain circumstances. She would have to have the feeling that that's the right thing to do. Says she's not sure which is worse -- both are horrifying. Juror will hold state to burden to prove aggravators BARD and if they don't or they're outweighed by mitigators, would choose LWOP. Juror agrees to consider mitgators.

Ashton - general voir dire. Juror is 62 and married; mom of 2, stepmom of 2. She sews for a living (pillows and cushions, upholstery). Her nephew was murdered 20 yrs ago in OH. No one was ever caught/tried for it. She said it wouldn't affect her decisions in this case, was a long time ago.


Mason for the defense. Juror didn't realize she was being called for this case til in the courtroom. Said she kind of recognized Anthony but didn't pay much attention to her since she was nervous. Said a feeling of calm came over her, though, for some unknown reason.

Juror plays tennis. Watches Dancing With The Stars, CSI. Doesn't watch a lot. Her husband is a dentist in Rochester, NY. He commutes every weekend to Florida. She likes to read James Patterson, S. King, period books.

When Mason asked if she believed where there's smoke, there's fire, she replied "sometimes." Asked if she thought so in this case, she replied that *something* was going on; the point was to find out who did this to Caylee. Defense reminded her that charges in an indictment are merely accusations, not necessarily the truth. She understands that. Said she'd like to serve because she's honest and can be fair, but up to them.

State has no challenge. Defense wants to confer in private room with Anthony. Ten minute recess. Defense uses peremptory to strike the potential juror. Still at 11 jurors retained.

***Court resumes 8:30 tomorrow morning. Judge will allow backstrikes, then move on to the 5 jurors he has scheduled for the morning session. The rest will be screened after lunch.

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