17 May 2011

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

***Refresh the page to see newest updates; blogging as we go today.***

The parties are back in court, and the judge excuses Juror #3069 for financial hardship.

The state asks for a peremptory strike on Juror #1319. This is the very religious lady who said she didn't like to judge other people. When the state tried to have her removed for cause, the defense issued a Batson challenge (basically, accusing state of trying to dismiss based on race). The judge denied the state's challenge at that time and retained the juror.

The state asks the court to deem the peremptory race-neutral and strike the juror based on her inability to sit in judgment of another (Drane Burdick presented case law to back up her position).

Baez asserts state's motion is procedurally improper and says if she can do that, he wants transcripts of the jurors he's challenged so he can re-assert the challenge (specifically, Jurors 1011, 1129, 3119 & 3397). He said the state flip-flops on whether people are equivocating depending on how the wind blows. He says on a jury already grossly under-represented in minorities, can't let another go.

Judge says no one questioned the juror to ask what caused her to change her response, stands by his previous ruling. The state may not peremptorily strike the juror.

Juror #3052 is being questioned. He saw something about jury selection in passing while working at Radio Shack. Couple of years ago, lady he worked with talked about this case a lot. She shared some details and expressed her strong opinion of Anthony's guilt. He, himself, did not watch news accounts of the case. Doesn't watch Grace, Rivera, 48 Hrs.

Juror says he would like to say he hasn't formed an opinion of guilt, but he feels because of connecting the dots, he believes she is guilty. He is excused.

Juror #3308 has arrived early and is being screened. He was the guy with Brewers tickets the judge was gonna try to replace for him. Juror says he gave tickets to cousin. Judge said he'd do what he could to get him the tickets. Juror jokes that he'll hold him to it.

The juror says he remembers little girl going missing, mother being suspicious, child being found. Recalls pizza box was explanation for foul odor in trunk. Recalls Caylee was found in wooded area near Anthony home with tape over her mouth.


The juror has not formed an opinion about Anthony's guilt. Says he can set aside what he's gleaned about case and judge based solely on the law.


SA George is questioning for the state. Doesn't really watch TV. If he has a favorite show, he buys it on iTunes. Works for water management. Occasionally listens to Bubba the LoveSponge on radio. Doesn't recognize names of Anthony's parents. Reads blogs, but mostly motorcycles and guns.

George asks further about Bubba radio show. Juror says it's entertainment, comedy, doesn't look to it for fact. Has heard something about this case on BTLS -- a parody song that is very derogatory toward Anthony. Says he's heard it probably 5-10 times. He says that song did not sway his opinion whatsoever, just supposed to be funny (and he found it to be so).

He has traveled to Orlando to go to Disney/Universal maybe 5 times since 2008. Hasn't read any discovery online about the case.

Baez asks if he can call him Juror #3308. Juror says sure, that's what his mother calls him (courtroom erupts in laughter -- other jurors would be happy to have this guy around, I bet; great sense of humor!). Baez asked which parody song he heard (parody of "My Humps"). Recalls the song mentions a child in the trunk. Doesn't recall hearing about the case otherwise on the radio.

Judge discusses presumption of innocence/burden of proof/right not to testify/mitigating and aggravating factors and how to apply them in penalty phase. Juror understands the instructions and agrees to follow the law and the judge's orders. Juror says he is against the death penalty but can vote for it, would not automatically vote against it.

Ashton asks juror to further explain DP view. Juror says it's absolute and he's read about people found not guilty by DNA years later. He isn't against the DP, just has concerns that it is misapplied in some instances. Says he has no problem voting for it; will do exactly what the court instructs him. Defense passes on questioning.

George for the state. Juror says the fact cameras are there is in the back of his mind but it hasn't and won't impact him. He is 39, married, no kids, was in Coast Guard 12 yrs. Saw crimes committed during employment with Coast Guard -- drug smuggling, assault, other. He would stop them and gather evidence. Nothing about that would influence his serving fairly, he says.


George asks what juror thinks of LE. He jokes and says there are two bailiffs standing nearby (more laughter). He says is suspicious of LE. When asked why, he asks not to have the mics on. The juror says Coast Guard LE have dual jobs to do while the boat's in motion - his was mechanic.

Juror does not know anyone named Roy Kronk. Recalls someone with first name Bradley but can't remember last name. Doesn't know the third name George mentions either. No experience with SAR dogs. Owns 3 dogs, 2 bulldogs and a mutt. Says he has "a good life" and would rather not interrupt it with this jury service.

Baez asks if he was a boarding(?) officer in Coast Guard. Says he went through the school for it. That's all Baez had. Five minute recess. The juror is accepted and becomes the 12th retained (after earlier backstrikes today). He is taken to the jury room to await arrival of the other 11 who were called back in. Once the judge allows any additional backstrikes, those 12 will be sworn in.

***
Juror #3038 was brought before the court. She ignored the court's instruction to come back in, even though she received a call to do so last night. Her employer, it turns out, will not pay her since she is in a probationary period. She is excused for hardship.

Defense wants to strike Juror #1251 because she has a granddaughter same age as Caylee and because she equivocated. State argues they want to kick her off because she's female (other jurors on panel have young children). Judge allows the peremptory strike. Back to 11 jurors retained now.

Judge emphasizes to attorneys that there are 23 jurors left. Once they get through those, the well will have run dry. Recess til 1:35. Will start a new post for the afternoon.

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