16 May 2011

Day 7 - Jury Selection Continues - Part III (Remainder of the Day)

***Refresh page frequently to see updates; blogging as we go.***

Juror #1237 is called in. She says she has heeded all the judge's prior admonitions. This juror knows a tremendous amount about the case. Knew Caylee was missing 31 days; Cindy called 911; body found in plastic bag; Anthony leading LE on wild goose chase; lying about Universal.

She is a nurse, by the way. Says she can't set aside her opinion of guilt. Judge strikes the juror for cause.

There is one juror remaining at the courthouse plus one (#3397)who lives only 15 mins away that they will call in (he has a potential medical hardship).

Juror #3163 (last juror of the day) is next. Has heeded judge's admonitions. She has even more specific knowledge about case than prior juror. Recounted just about every major detail of case. She does say that she realizes what people say about the case is hearsay and rumor. Has heard others express opinions about Anthony's guilt and (lack of) veracity.

She tends to think Anthony may be guilty of something, but not sure what. Juror says she *can* presume Anthony innocent because too many times people are judged guilty and 25 yrs later found not to have been guilty. She says she believes she can lay aside her opinions of possible guilt, media accounts & others' opinions and judge based solely on the evidence as applied to the law per the judge's instructions. Judge asks what she means by saying she "believes" she can set it aside. She says she believes guilt should be proven BARD and that she can judge fairly.

LDB for state. Juror tells her if she has an interest, she'll watch Court TV. Doesn't like to watch Nancy Grace because she insults people. Doesn't like Valez-Mitchell either. Says you can watch Geraldo a whole hour and not know what he's said. She likes to watch 48 Hrs. Has not seen any 48 Hrs reports on this case. She says she knows it was showing last night on Investigation Discovery, but she turned the channel so she wouldn't see it. Said she'd rather watch HGTV.

***I hit the status update limit on Twitter and am apparently in Twitter jail. Will tweet again soon as they let me out. Meanwhile, will continue updates here. If you catch this, please send a tweet mentioning I'll be back asap.***

Juror says she recalls hearing a discussion that maybe Anthony used something to put the baby to sleep, but she concluded that discussion went too far. She isn't sure legally what crime that is or whether there is evidence to prove it.

Juror was a teacher for 19 years and never had a "needs improvement" comment in her career. Then a new assistant principal (who had overloaded her recommended 50-student capacity with over 100 students), claimed she was below caseload. She was accused of going into assistant principal's office and taking a file. She emphatically denies it. She knows that if someone in authority says something, people believe it, even if it's not true. Also references Innocence Project.

Defense has no questions. Judge moves on to death penalty, explaining how it works, how to apply aggravating/mitigating factors. Juror says it sounds like it could require an entire course to understand all the details. Says she could vote to impose DP if she felt it appropriate. Ditto for LWOP.

Ashton for the state asks if, given her concerns with the Innocence Project, can she go with "beyond a reasonable doubt" vs. "beyond any doubt." She believes she could vote for the DP if the finding was BARD. She agrees that would be enough for her, wouldn't need to prove beyond *any* doubt.

I had company for a bit and missed Finnell's questioning. Seems there was nothing out of the ordinary during the exchange. Caught part of LDB's questioning. Juror says she would not like her name or information to be made public. Also says she does not trust the media. Was involved in divorce litigation and litigation related to car accident. Doesn't spend much time on her computer. Has FB and is involved in Sierra Club. Finds her friends are mostly very liberal and she is moderate. Uses FB mostly to stay in touch.

Has not read anything about this case on the internet, juror says. She is familiar with George and Cindy Anthony, but would not recognize names of anyone who's dated the defendant. She says Cindy didn't seem to have much direction to her life. (She misunderstood and thought LDB had asked about Casey). Says her impression is Cindy and George are concerned and involved grandparents. She responds to LDB that she can be a fair and impartial juror in this case, can pretend she doesn't know all the information she does know. She says she can't be free of outside influence but believes she can divorce it from what is presented in court.

Baez for the defense. He asks what she can tell them about herself they haven't already heard. Very involved in Sierra Club; was speech therapist; very much for government health insurance. Reads, spends times with friends, with a group called Friendship Force that is an ambassadorship that sets up exchange visits between member homes in other countries. Likes to read Grisham, particularly the early ones. Didn't like The Chamber. Liked The Client. Reads more of the Oprah-recommended books (cites The Lovely Bones). Likes St. Pete Times, AARP, Ladies Home Journal, Southern Living, Better Homes & Gardens, Time

Baez asks if she's sure she can follow instructions about reasonable doubt. She says yes. She also agrees that she will make state prove each element of each crime. (Interrupted again, sorry.)


Defense does not challenge juror. State uses peremptory to strike her.

Juror #3397 is the juror who lives 15 mins away and was called in by the judge. He saw something on the news about the 50 jurors who were excused, that one was a potential witness. He says living in the area, he heard about the case. Does not have opinion about guilt or innocence. Will uphold presumption of innocence for her.

Ashton asks what specifics her remembers about case. Child missing, babysitter, and that there was a time when LE weren't getting the right answers to help find her. Remembers searches; doesn't remember specifics of when they found Caylee, just that they did. Felt at the time facts came out that Anthony was involved. Ashton clarified an *I think* statement (lots of those during screening). Juror says he believes he can set aside whatever he's seen.

When Ashton asks if he's seen Nancy Grace, juror says one time. Ashton says, "That was enough for you, huh?" Juror responds, "Yes, sir."

Baez asks again about the "I think I can" comment. Juror says he has confidence in himself and thinks he can do it. He watches news frequently and that's where he got most his information and based his initial opinion on. Baez asks *how* he will put aside knowledge/opinion. Juror says he doesn't know what to answer, will do his job. Baez asks if he's saying he'll "try." Juror says yes.

Judge talks to juror about death penalty. Juror says he is for it. Understands concepts judge explains and agrees to follow law/instructions regarding aggravating/mitigating factors in penalty phase.

Finnell (who sounds absolutely pitifully sick now) asks only one question: Scale of 1-10, where does juror stand on DP. Juror says you have to be either for/against it, so he's a 10 since he's in favor of it.

Ashton asks some general questions. He's married, wife a teacher, 2 kids.


Baez asks juror about health. He's had spinal fusion. Concerned his back problems could be problem during trial, that's why he mentioned it in first round. He says he can get fidgety after half an hour of sitting, might affect his ability to concentrate. Baez asks if, since original questioning, anything new with regard to his employer. He's an option strategist and a lot of people rely o talking to him.

The judge talks to him about his back problem. His surgery was last Sept. Was out of work 6 weeks. His employer was prepared for that and was able to cover the position during his absence.

Judge says if he needs to walk during lunch hour at trial, he'd have some company (deputy), but it could be arranged. He could also stand when he needed to in court. He asks if that would work. The juror says he would try his best. Judge says they'll be working 9-5 Monday through Friday and half a day on Saturdays. Asks if juror would be able to serve considering condition of his back. Said he would try his best, thinks with the accommodations the judge mentioned, he could.

The defense challenges for cause, saying juror is equivocal in saying he would "try" and that he might be distracted if back begins to bother him. Judge asks who objected to his being excused (it was defense). Judge wants to know what's different now. Baez says after further grilling, the juror's equivocating became problematic. Baez says further that his statements about client's innocence and that he'd "try" to set aside opinion she was involved.

State argues that stiffness in back doesn't affect ability to do his job (different than being in pain). Juror said, "I couldn't say she was guilty;" "My job is to give defendant presumption of innocence;" and "I am confident in myself that I can do what I am supposed to do."

Judge Perry denies the defense's challenge for cause. Defense does not exercise peremptory strike. He will become the 17th juror retained.

Judge asks if anyone wants to exercise backstrikes now or hold on til morning. The attorneys want to wait til the morning. After conclusion of questioning 3 or 4 more jurors tomorrow morning, he will then asks for attorneys to exercise their challenges. He realizes he can't force them to do that. Will have staff notify the retained jurors to be here. If 12 are left after strikes, he'll swear in the 12 along with alternates. Then he'll decide if they need more alternates.

Court is in recess til 8:30 Tuesday morning.

**Please note that I blog in real time. Due to the volume of text, I don't have time to re-read everything before publishing, so please forgive typos and the like. If you find a factual error, please let me know and I will correct. Thanks! :)

2 comments:

  1. Thanks for the coverage! It's such a very valuable resource!

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  2. You're very welcome -- so glad it's useful for you. Thanks for the kind words! :)

    ReplyDelete