16 May 2011

Day 7 - Jury Selection Continues - Part II (Post-Lunch)

***Refresh page frequently for updates -- blogging as we go today.***

Judge Perry excused Juror 3316 for medical cause (ongoing chemo). Judge advises Ann Finnell (sick with a cold) that she ought to take Vitamin C.

Juror #1426 is called before the judge. He remembers hearing Anthony's name but nothing about what happened. Does not remember any facts surrounding case. Never seen anything on internet or paper, has not discussed or heard discussed; no opinion about guilt. Understands Anthony is presumed innocent and that he cannot infer anything by a lack of testimony from her. No problem setting aside anything he might have learned or may remember.

George for the state. Juror moved from as-needed to full-time employment a month ago. Has been in Orlando 4-5 times since 2008. Halloween Horror Night at Disney. Watches History Channel, HD Net. Says it's pretty much only sports and video games for him. He's had no online exposure to the case, either. Defense passes on questioning about pre-trial publicity.

Judge now talking to juror about DP. Juror says he does not have an opinion on the death penalty nor an opinion about in which cases it might be appropriate. He agrees to follow judge's instructions regarding mitigating/aggravating factors and how to apply them (or not). He says he can vote to impose death penalty if warranted and LWOP if that is instead warranted.

Ann Finnell for defense (poor thing sounds terribly sick). Juror understands the implications of LWOP and DP. Is 5 on a scale of 1-10 for death penalty. No affiliation with religious/political group that takes position on DP. Will not be swayed nor sway others from conscientious decision. Will not allow outside influences to sway him. Understands proof BARD necessary for aggravators but only greater weight of evidence for mitigating factors. Will not allow victim impact to influence decision.

George on general voir dire for state. Juror says cameras wouldn't concern him or make him nervous. He is a certified nurse assistant and patient care tech. No children. One sister, one half-brother, raised by both parents. He is computer literate to the point that he can fix them if someone messes up. Says coworkers found out, possibly via his managers ("they have big mouths, I guess"), that he was serving. He likes "shooting guns," working on his car.

The Judge tells the juror that he believes same man who owns Carnival also owns Miami Heat and doesn't think he has to worry about a refund if trial should run into early-July cruise vacation (worst case scenario).

Juror tells Baez he can follow the concepts and law regarding burden of proof and reasonable doubt. Understands that each element of a crime has to be proven. Baez explains Fifth Amendment right not to testify against oneself and that judge will instruct jurors cannot hold against Anthony if she chooses not to testify. Juror agrees that he won't.

I thought it looked like the state was going to challenge, but they didn't. The defense didn't either. Juror 1426 becomes the 15th juror retained. That's the "magic number" Perry wanted. Judge says there are 4 more jurors to screen this afternoon. Recessed til 2pm

Juror #1315 is the next called. His sister has been seriously ill. He, himself, has ongoing back problems related to prior surgery and an auto accident. He is excused.

Juror #1159 is now called in. He has heeded judge's admonitions. Recalls mention of the case at the time it happened, but doesn't typically follow news. Only detail he says he can recall is that maybe it was a murder. Doesn't watch TV much, says probably read it in St. Pete Times. No Nancy Grace, Rivera, 48 Hrs. His only discussion of case was when coworkers asked if he was serving on it; he told them he couldn't talk about. Says he can set aside anything he might've heard or might remember. Has no opinion of guilt; no problem with following presumption of innocence.

Juror tells Ashton he listens to mostly sports-related talk radio, some financial podcasts. Has never heard or seen any attorneys in the case in the media. Defense has no questions, so the judge moves on to the DP discussion.

Juror says he has no strong opinion about death penalty. Says there are instance in the past where he thought it appropriate. Judge explains he'll have to set aside his feelings about when it might be appropriate and judge based solely on the law and judge's instructions. Juror says he understands.

Juror understands aggravating/mitigating factors and how they should be weighed and applied in coming to his decision in penalty phase and agrees to follow the instruction. He can vote for DP if facts and circumstances warrant it. Ditto for LWOP if it is the appropriate penalty. State has no questions for juror on DP.

Ann Finnell for the defense. Juror says on scale of 1-10 he is a (didn't catch number but says he leans more toward favoring it). He understands aggravators have to be proven beyond a reasonable doubt. Says mercy might be appropriate depending on circumstances. Will not allow victim impact statements to influence decision in penalty phase.

Ashton on general voir dire. Married since 2003; wife pharmacy consultant (distribution/pricing issues). Juror is manager of a team of disability evaluators for the VA. Has a BA in political science. Was in the army for 5 years, reaching rank of Sgt. Not much technical knowledge of computers, no forensic app knowledge.

We hear from Cheney Mason for the first time today. Asking about juror's employment with the VA. Juror rates percentage of veterans' disabilities. A nurse in jury pool also works for VA in Bay Pines, but they only met for first time in jury room. Juror assures Mason he won't defer to nurse or try to control her decisions, either

Mason elicits that juror had DUI years ago that he didn't list on questionnaire. Juror said he thought it asked for family/close friends, not himself. Says despite having young child, he can be fair and impartial. Says if state fails to prove case, he will find not guilty.

I thought defense might challenge, but neither side did. He becomes the 16th juror retained.

Will start a new post for the remainder of the day.


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