16 May 2011

Day 7 - Jury Selection Continues - Part I

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

Judge Perry has excused Juror #1268 due to medical issues. The judge said after the jurors they are scheduled to screen this morning, there are 33 additional jurors to be screened beginning this afternoon.

Juror #3119 asked to come in this morning so that if she's not chosen she can go on a planned family vacation beginning tomorrow. He asks the juror to leave the room for a moment and tells the attorneys that he has a long memory and hopes if the attorneys accept her, they don't then back-strike her later.

The juror returns. She says most of what she remembers was from the Today Show -- the discovery of the child and the mother's involvement. Doesn't remember specifics. She doesn't have an opinion about guilt. Juror tells Linda Drane Burdick that she hasn't seen any news of the case recently, that it was back in 2008 when the case was fresh. She saw Baez on the Today Show but doesn't remember what he said.

She seems to recall seeing George and Cindy Anthony on TV wearing T-shirts with Caylee's picture on them. She tells Baez the most memorable aspect of news she saw was missing child. Recalls some details about the discovery of Caylee's body.

Juror tells Baez she had gut feeling she was being called for this case when she saw helicopters and such upon arriving at courthouse. Juror gets news from CNN online but removed tab on homepage this week. Had FB page but quit it when it recommended her ex-husband as a friend (laughter).

Baez asks about an "I guess so" initial answer to whether she can uphold IUPG. She repeats several times she doesn't know if Anthony is innocent, but she believes in her right to a fair trial. I think she believes he's asking for her opinion about innocence rather than whether she can follow the instruction to presume her innocent. After judge explains, she says she can definitely presume her innocent.

Guess what? Yet another nurse! ;-)

Juror tells the judge she isn't against death penalty, doesn't have strong feelings either way. Says it could be appropriate in some instances. Agrees she can impose death penalty if facts and circumstances warrant it.

Ashton asks if having young children about Caylee's age might influence her decisions. She says no. Her church does not take position on death penalty.

Ann Finnell begins her questioning. She is clearly sick with (at least) a cold. Feel sorry for her to have to all this work and stress while she's ill. Hope she's better soon. Juror says she is a 7 for death penalty on scale of 1-10. She's never had occasion to really think about it but, if appropriate, she's for it. She says she is capable of making an individual decision about DP vs. LWOP.

Juror says she doesn't think mercy would be an appropriate consideration. Does not believe in "an eye for an eye." She at first misunderstands the consideration of age as a mitigating factor, but once judge explains, she says she can consider it if instructed that she may do so. Agrees that she would not hold it against Anthony if she doesn't testify in penalty phase or if she does and maintains her innocence.

Drane-Burdick asks about cameras in the courtroom; juror says that won't concern or affect her. She is married with 2 children. She is an OR nurse. She is nurse-manager of the surgery center. She had a car stolen, but that's extent of her experience with criminal justice system. Surgery center where she works is in litigation. She was called in to give testimony. Says her husband is willing to take on responsibility of parenting if she serves. Her family will also help.

Baez asks if she wants to be a juror. She says yes, that she's always wanted to serve because she thinks it's interesting and fascinating process. She says she will consider judge's instruction about motivation of witness testimony if they've been paid for story. She agrees to follow instruction to find each element of crime present before convicting.

Baez has greatly expanded his questioning. I think he needs to whittle it down, though, sounds a little rambling. Juror understands Anthony doesn't have to testify and defense doesn't have to prove anything. She'll hold state to its burden of proof BARD.

Defense wants to excuse for cause. He says she won't consider age/mercy or the presumption of innocence. State argues that juror said she would consider mitigators and understood presumption of innocence and agreed to it once judge explained.

The judge agrees with the state and denies defene's motion to excuse. Defense, however, exercises a peremptory strike and the juror is excused.

Brief recess.  They're 0 for 2 so far.

Juror #1025 is called into the courtroom. He said basically all he knows about the case from media is the info contained in the indictment. He's not seen Grace, Rivera, 48 Hrs, etc. Has not formed opinion of guilt. Juror tells George he has not read anything about the case on the internet. The juror is in Orlando once a week for business; he has not seen any local Orlando coverage of the case.

Juror tells Baez he watches national news shows, CNN, but doesn't watch much news. Has a Facebook account. Says it's been months since he sent/received message. Has LinkedIn account for professional reasons. Juror's wife is aware of case and surprised juror didn't know about. She did not, however, talk about the case with him.

Judge talks about death penalty with him. Has no preconceived notions about death penalty. Agrees to follow law and judge's instruction about mitigating/aggravating factors. If facts and circumstances warrant it, could vote to recommend death penalty. Ditto for LWOP.

Ashton asks whether he's sure he can vote for DP. Juror says if the law dictated it, he could. Ashton clarifies that penalty phase requires him to use his moral judgment (vs law) to decide DP or LWOP. Juror says he can vote for DP if warranted.

Finnell passes on DP questioning. Interesting.

George asks juror about cameras. They won't concern him, he says. Watches sitcoms and sports. He says he may at some point have seen a show with interview of a jury panel. Not something he'd be interested in after trial.

Juror is 33 yrs old, married and is a chef (develops and sells equipment in the food industry). Reported for jury service about 10 yrs ago but wasn't selected to hear case. Juror has appeared twice on TV for cooking segments. Has 2 children (6 yrs and 21 months). Wife is stay-at-home mom. Has some computer knowledge. Has seen exhibitions of police dogs (high school himself, cub scouts with son). LE trained dogs on his high school football field, but he saw it only in passing.

George: Would you like to be on this jury? "No, not particularly, the juror says."

Baez now questioning the juror. Asks if he can uphold IUPG for Anthony. Juror says he can do that. Says what he heard previously has no effect. He understands presumption of innocence, proof BARD, that all elements of cime must be proven. Juror says he will not hold it against Anthony if she doesn't testify.

State has no challenge. Baez needs to consult before responding. No challenge. We have the 13th juror now. Five minute recess.

Juror 1007 is being questioned now. Has heeded judge's admonitions. She saw a bit on the news regarding missing child, Universal, something about a babysitter. Says that she may have kind of formed an opinion but knows initial impressions can be wrong. Is a daughter of a lawyer and says she believes in the process. Says she thinks there might have been some neglect but doesn't know about the rest. Says she wishes she could answer differently (so she wouldn't be chosen) when saying she can set aside what she knows.

Linda Drane Burdick questions for state. Juror's mom is attorney doing mostly estate work (no criminal work). She remembers something about Universal, maybe Anthony taking LE there. Doesn't watch HLN; watches CNN in mornings.

Juror saw interview with attys on CNN where they questioned ability of attorney in the case (I assume Baez). They didn't discuss details; did discuss where jury selection might be. Saw Nancy Grace holding up something viewer sent in for her babies -- caught her eye as flipping through; not a Grace viewer.

Judge questioning re DP & mitigating/aggravating factors. Juror says she's had concerns in the past about how the DP is applied based on race, but otherwise no issues. Juror understands instruction about mit/agg factors and agrees to follow the instruction in deciding on penalty (LWOP or DP)

Surprisingly, neither side has questions for DP voir dire.

Drane Burdick asking background info in general voir dire. She is 41, divorced. Worked for Father Flanagan's in Tallahassee, also another non-profit where she was office manager. Also worked for university and Children's Hospital in ATL in secretarial positions.

About 20 yrs ago, a man with a knife broke into her apartment. She was able to escape; he was caught and convicted. She did not attend the court proceedings. Her experience with LE/state attorney was comforting since she knew the officer and her mom went to school with the state attorney. Other than an ex-boyfriend telling her anything could be found on a computer, has no experience with forensic applications.

Juror tells Baez her mother's sister is married to a sheriff, but she's not close to him. Tells Baez she wouldn't give LE testimony any greater weight than others.

State doesn't challenge but defense challenges on cause. Not surprised. Lots of family/friend connections with state attorney's office and LE. State argues against defense's claim that juror was equivocal about pre-trial publicity and ability to set it aside. Judge agrees and says once he explained it to her, she said she would have no problem with it, so he denies defense's challenge. Defense chose not to use a peremptory strike at this time. She becomes the 14th juror retained.

Recess til 1:00pm. I'll start a new post for post-lunch session.

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