Zimmerman: Day 6 of Jury Selection Completed

Monday, June 17, 2013

Good evening:

Judge Nelson just recessed court for the day at 8:30 pm EDT after a very long day in court.

Day 6 of jury selection concluded at 4 pm. Counsel questioned 8 prospective jurors (PJs), 4 were excused for cause.

The 4 who were passed for cause on the hardship and pretrial publicity issues are H7, H18, H29 and H35.

They join the pool of 29 PJs (Total 33).

Here is the updated list of 33 PJs for your scorecard:

1. B-12 F 40s-50s White
2. B-29 F 40s Black
3. B-76 F 50s-60s White
4. B-7 M 40s-50s White
5. B-35 M 40s-50s Black
6. B-37 F 50s White
7. B-51 F 60s-70s White
8. B-55 F 20s E. Indian
9. B-86 F 50s White
10.E-6 F 20s-30s White
11.E-40 F 50s-60s White
12.E-54 M 60s-70s White
13.E-73 F 60s White
14.M-75 F 30s Black
15.B-61 F 20s White
16.B-72 M 20s White/Bi-racial
17.E-22 F 50-60 Black
18.E-13 F 20s White
19.E-28 F 50s-60s White
20.K-80 F 40s-50s White
21.K-95 F 40s-50s White
22.P-67 M 40s-50 Hispanic
23.G-14 F 40s-50s White
24.G-29 F 30s Black
25.G-47 M 20s White
26.G-63 M 20s Mixed
27.G-66 F 50s White
28.G-81 M 30s-40s Black
29.H-6 M 30s-40s White
30.H-7 M
31.H18 M
32.H29 M
33.H35 F

Judge Nelson wants to get a pool of 40 PJs passed for cause on hardship and pretrial publicity before she switches to group voir dire.

She will gather that group together seating the PJs in the jury box, and subsequently the benches, in the order in which they were called and likely instruct them to raise their hands indicating an affirmative answer as she asks a series of questions, pausing to record each PJ’s affirmative answer to each question.

For example, she might ask for a show of hands by each PJ who has been a victim of a crime and write down each PJs number who raises their hand.

After she completes her list of questions, the lawyers, starting with Bernie de la Rionda, will question the first PJ on the list (B12) regarding each question she answered affirmatively. After both lawyers have finished with B12, they will pass or challenge her for cause. If she is excused, she will be replaced in the box by PJ B51 (she is 7th in the order).

This process will be repeated with B51 until she is passed or excused for cause. If she is excused, her seat will be taken by B55. If she is passed, the lawyers will question B29, the PJ in the second seat in the box.

This procedure likely will be followed until 30 PJs have been passed for cause.

Then the lawyers will exercise their peremptory challenges, which is usually done secretly with the lawyers passing back and forth a sheet of paper alternately listing a PJ number until one or both sides exhaust their allotment of peremptory challenges.

If one side accepts the jury of 6 before exhausting their peremptories, they retain the right to use a peremptory challenge to excuse the PJ who replaces a member of the jury struck by their opponent after they accepted the jury.

In other news today, the defense rested its case in the Frye hearing after calling Dr. James L. Wayman.

Dr. Wayman testified that science does not have the capacity yet to identify who screamed in the background of the 911 call or identify anything said.

In a surprising development, Don West may have provided him with a document that does not describe the test that Tom Owen conducted thereby rendering Dr. Wayman’s criticism of Owen’s results irrelevant.

The State is going to call Owen to the stand in rebuttal on Wednesday at 4 pm after the court concludes jury selection for the day.

Jury selection resumes tomorrow morning at 9 am EDT.

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64 Responses to Zimmerman: Day 6 of Jury Selection Completed

  1. Off-topic. Kentucky court. Death penalty case. This judge has been temporarily suspended for threatening to strangle the defense attorney:

    http://www.courier-journal.com/article/20130603/NEWS10/306030040/Senior-Judge-Martin-McDonald-faces-ethical-charges-after-threatening-strangle-lawyer-suspension-possible

    This video used to be on YouTube, but I cannot find it.

  2. Xena says:

    Why GZ passed the voice stress test …

    • Trained Observer says:

      @Xena — Absolutely. He was terrified. Fearful that some other vigilante or cop would knock him off like he did Trayvon. Truthful answers delivered from a twisted mind to clumsily framed questions. Doesn’t amount to a hill of beans. Insightful video.

      • Malisha says:

        Voice-stress test does NOT EQUAL lie detector test.

        In fact, even POLYGRAPH, even expertly administered by someone really TRYING to catch a liar, does not equal a lie detector test although it will come closer.

        The voice-stress test shows when a person is stressed. People who are not stressed when they lie do not have any problems with voice-stress tests.

        Fogen is not stressed when he lies. He is stressed when he fears that his lie will not succeed at getting him what he wants.

        Remember, he ASKED for the voice-stress test. Erwin said, “I’m here to grant your wish [to take the test].” I’m sure Osterman told him to take that test to help the police pre-exonerate him before they announced to all concerned that he definitely killed in self-defense.

        Notice there were no unplanned questions. A polygraph involves many unplanned questions, and in THAT regard, the person being tested may really have to confront his fears and may slip up if he is lying. It still is not good enough to even survive a Frye hearing on the issue of truth or falsity.

        • Xena says:

          @Malisha.

          Voice-stress test does NOT EQUAL lie detector test.

          Thanks for the explanation, and I think those of us here already understand that. GZ supporters posture the voice-stress test as a lie-detector test. Those who might read such words and search for understanding now have both “voice stress” and “lie detector” in one place. 🙂

      • Xena says:

        @Trained Observer.

        Fearful that some other vigilante or cop would knock him off like he did Trayvon.

        After listening to that part of Hannity’s interview where GZ says he was afraid that the cop would see him with a gun, I asked when? Certainly, if his gun was concealed until he unholstered it with his back on the ground and Trayvon straddle and leaning all his weight on him, a cop would not fire — probably not even be able to see the gun.

        Then hearing his lie about how soon the cop arrived after he killed Trayvon and that he didn’t holster his gun until he saw the cop arrive, the only logical conclusion I can reach is that GZ had his gun out where it could be seen, before he actually killed Trayvon, and kept it out while Jon took the photo of GZ’s head.

        The question is why? Did he think he would need to shoot someone else?

    • You all have thoughtful comments says:

      This is one of your best, Xena!

      Good job!

      • Xena says:

        @yahtc. Wow! Thank you. I am honored.

        Just to think, had GZ not given that Hannity interview, the State would not have their “God-send.”

    • MollyK says:

      Great video, Xena! It is also striking that GZ uses the word, “suspect,” to describe Trayvon in his written statement. Thinks he’s a cop, talks like a cop. This is going to help sink him. A normal person as familiar as he is with the justice system would know enough not to talk to the police about his criminal actions without a lawyer.

      • Xena says:

        @MollyK.

        Great video, Xena! It is also striking that GZ uses the word, “suspect,” to describe Trayvon in his written statement. Thinks he’s a cop, talks like a cop. This is going to help sink him.

        Yes. He thought he was one of them who was simply being questioned to determine a “good shoot.” In fact, Serino told him that he was not authorized to stop Trayvon.

    • GirlP says:

      He viewed himself as captian of NHW and law enforcement for The Retreat at Twin Lakes.
      What really gets me is when a member of the zimcult calls him captain…well the captain in trouble this is a murder; not a complicated one either.

  3. dianetrotter says:

    I admit that I started losing steam when I took calculus. However, wasn’t Dr. Wayman even saying that he was useless today. He didn’t disseminate information. He cooked the Powerpoint. He’s not an expert in voice recognition. He apologized about what he was saying. JN complained about sitting there through 4 hours. Can someone summarize the relevant points for me. ???

    • You are not alone. Wednesday should be interesting, but the whole thing was more confusing than clarifying. I posted this in the previous thread, but I got a satirical take that was not unlike the Onion here:

  4. fauxmccoy says:

    will say again — a hearty thanks to don west and dr. dreary expert for putting me into the soundest sleep i have experienced since sedation for surgery.

    i have not felt this well rested in years. it took about 30 minutes to slip into comfortably numb. imagine my shock when they were still at it 3 hours later. i expected judge nelson to tell west that he was giving her a giant ass ache 🙂

    • ay2z says:

      fauxy, good to hear it!

      Judge Nelson may have realized early that the defense was hardly ready last week, and may have pulled one over on her and tried to, on the state. But extra time didn’t help Mr. West. He may be feeling the early pressure. From how Prof described it, he may not last the trial standing up1

      Of course, he could be using Gerry Spence’s repeat repeat repeat technique. He could find a pro bono coach, either a he coach or a she coach. Could go over how he could come across as a competent lawyer when at the podium, or how to keep his papers in his folder while holding them and standing at the same time and how to not let it show when accidentally cutting off the expert’s Skype momentarily..

    • Trained Observer says:

      Team Fogen likely will be a little tuckered out tomorrow morn. Serves ’em right. Today’s entire Frye session could (and should) have wrapped up in an hour. Am surprised JN puts up with this aimless meandering.

  5. ay2z says:

    good evening, I just caught gbrbsb’s question to me about the 11th floor, which was really about Elevator 11 (and an appropriate subtitle, ‘You can’t be racist to an elevator’)

    Responded tonight to gbrbsb in situ, but it’s SO on theme, should bring in on up here in honour of today’s Frye hearing continuation with the speaker wreckognition expert.

    (Dr. Wayman might be careful if he had anything to do with the development for Burnistoun S1E1 Speech Recgnition Elevator, someone will want to talk to him!!)

    • groans says:

      LMAO! So apropos! (Not just the speech recognition technology, but also the elevator voice asking the same thing over and over but not recognizing or accepting an answer … sort of like Don West!)

    • Two sides to a story says:

      😀

    • fauxmccoy says:

      priceless! thank you so much, was the perfect thing after a rough day in court 🙂

    • bettykath says:

      lol my former mother-in law was from Scotland and soft spoken. It took me awhile to understand her. Then her brother came to the states for a visit. Uncle Will told a lot stories that had everyone in stitches but me. I didn’t have a clue. Most of my in-laws lost the accent very quickly but not mil. I had to start all over trying to understand mil b/c she sounded just like her brother.

      • ay2z says:

        There’s one part I can’t understand, but not sure it matters. When Colin drops in, he might be able to help with the subtleties.

        lift = elevator pronounced ‘left’ (that’s really all that’s needed 😉 Well that and a working knowledge of Braveheart.

      • Two sides to a story says:

        When they get totally frustrated, they shout at the elevator in Scots Gaelic or English in a full Scottish brogue, I’m not sure wish. I have Scots ancestors and always love the sound of this. Welsh and Irish Gaelic as well, though Welsh, at least, is not related but has a similar feeling. I was in 7th heaven in when I studied in the UK with all the lovely accents.

      • Two sides to a story says:

        *which*

  6. groans says:

    Amazingly clear and succinct summary of such a long day, Professor.

    I find it truly painful listening to West drone on and on, without making any clear points periodically and without having any apparent endpoint defined or in sight. It’s like he seems to think that the lawyer who spends the most time at the podium wins the motion! I fear that the trial is going to be wastefully long and blurringly convoluted if Judge Nelson take control of her courtroom back.

    Justice confused is justice denied.

    • groans says:

      … if Judge Nelson **doesn’t** take control of her courtroom back.

      • bettykath says:

        I think JN is letting the lawyers do their thing. She doesn’t interject but rules on objections. It’s up to the legal teams to get the jury they want. She arbitrates their disagreements.

  7. Two sides to a story says:

    Do these people breathe the same air? I’m seeing a lot of “Fogen is gonna walk soon” messages at all his various support sites. Very curious, because it doesn’t look that way!The following is from the GZ / TM “Discussion” page on Facebook (mostly discussion among Fogen supporters.)

    Potted Palm @Carole, yes, though I think it’s a bit late to question the probable cause affidavit. I believe what they’ll do is let the State put on it’s case, then motion for a judgement of acquittal (arguing that the State’s evidence is too weak for a jury). If denied, they’ll put on their case then again motion for a judgement of acquittal (same reasoning). Both of these will be punted by Nelson. Rebuttal case comes and goes, motion again for a judgement of acquittal (same argument, punted a 3rd time). It goes to a jury. No matter the outcome Mr. Zimmerman will be a free man – either based on jury or 5th DCA.
    23 minutes ago · Like · 4

    • Ezz-Thetic says:

      The best Thugboat can hope for is a hung jury. If a verdict is reached it will be guilty. There’s no way six sane human beings will acquit him.

      • Two sides to a story says:

        That’s my take after studying all the evidence and possibilities for the last 18 months. I guess hope springs eternal for some folks though.

        I don’t see him winning any appeals either.

    • cielo62 says:

      LOL! They can make up whatever fantasy they want. Based on the juror selection, gz doesn’t really stand a chance in hell.

    • changsterdj says:

      Lmaol

      to ask for judgement of acquittal, they have to be a valid reason and Omara would need to submit evidence for his affirmative defense

      Since they have the guy that did it, the murder weapon, motive, & intent, it’s not a whodunnit

      they also waived SYG because they do not have 51% in Fogen favour

    • Puck says:

      The Zidiots keep moving the goalposts for when and how Fogen will be set free. (Of course, at first, they were sure there would be no charges and no arrest.) He’d be exonerated by a SYG hearing… or the charges would be thrown out and Angela Corey disbarred… or it would be a standard immunity hearing… or a judgment of acquittal… or a mistrial… I know I’ve missed a few of their clutched straws. Oh, and Fogen would sue the state, the SP, the governor for appointing her, Trayvon’s entire family, Crump and Jackson, the FBI, Eric Holder, Barack Obama, Al Sharpton, anyone else pba-lack involved (including tracking down DeeDee), and retire a happy millionnaire with Shellie and their unborn demon spawn whom he loves already.

      I’m a sociologist, and recently finished a huge paper (~150 pgs.) on the mainstreaming and acceptance of delusion among the right wing since the election of Obama. Through my research and analysis, I realized that this complete inability to consider truth and facts in certain sociopolitical segments was more indicative of a psychosocial pathology in which truth (and reality) be not damned but rather *irrelevant*. (New research in neuropsychology is showing that this pathology might be tied to brain structure.) I wish I could go into more detail, including the new term I coined (and concept argued — and passed peer review!) for the phenomenological state these people find themselves in, but that would instantly make me doxable.

      I’ve been watching this whole GZ/TM thing unfold since the beginning from a sociological/social psychological perspective. I could easily write a paper on this, transposing my conceptual model from the Tea Party to the Zidiots. Maybe I will.

      • cielo62 says:

        Puck~ Hence your name, Puck? Shakespearean character of a trickster/jester who observes the lunacy surrounding him? The world is truly crazy but I never really understood until 1. Obama ran for office and 2. the case became known nationally. I see it, but still don’t get it.

        ________________________________

        • Puck says:

          That fits, sure. It started because I have a puckish personality, which is good for doing sociology. Social behavior and interaction is compelling — there’s so much going on even in the most banal quotidian actions and interactions.

          • cielo62 says:

            Puck~ LOL! I would LOVE to read your paper! It seems to align with some studies that White Supremacists have lower IQ than the norm. (ie racists are stupid).

            ________________________________

          • Puck says:

            That’s basically it, though I actually left out the neuropsychological research because it’s really hard to couch that kind of thing properly without being accused of being a eugenicist or Nazi. Check out “The Republican Brain: The science of why they deny science — and reality” by Chris Mooney.

          • cielo62 says:

            Puck~ Thanks. I will! Y’know though, eugenics is just the science of dominant and recessive genes. Humans have done eugenics with animals for millenia. I don’t understand why it becomes such a touchy subject when the animal in question is homo sapien.

            ________________________________

          • Puck says:

            Eugenics inherently denotes strata of inborn physical superiority and inferiority, and we know where that leads when humans with power get on board. Essentially, there are brains that are more evolved and those that are less so (relying more on the ‘lizard brain’), but as soon as we start saying to whom these belong — however evidence-based — things get nasty real quick, and that’s not the fault of science, but of society.

      • Two sides to a story says:

        Great post. Fantastic study! Congrats on the peer review!

        Do write another paper on this. Fascinating stuff. I’ve been studying the ultra-conservative mindset informally and why I spend so much time looking at various sites. I find the black conservatives who also join this to be especially interesting since they work against their own best interests in some respects (well, as do white ultra-conservatives in many respects.)

      • Xena says:

        @Puck.

        I’m a sociologist, and recently finished a huge paper (~150 pgs.) on the mainstreaming and acceptance of delusion among the right wing since the election of Obama.

        In 2008 during the primaries, I belonged to several Yahoo Groups whose focus was judicial reform, advocacy, pro se representation, etc. My membership had been in some of them for years.

        When people started posting things that Snopes refuted, and they continued posting them and started attacking anyone who didn’t attack Barack Obama, I unsubscribed from all of those Groups.

        What I do not understand is why anyone would argue against a candidate rather than argue in support for their candidate.

        In GZ’s case, we see a similar mindset where people do not support GZ but rather, denigrate the victim, his family, and their legal counselors.

      • Ezz-Thetic says:

        I want to read your paper!

      • fauxmccoy says:

        fabulous post, puck. 🙂

      • amsterdam1234 says:

        Interesting. I wish I could read your paper. Do you think the rw delusions about Obama and Trayvon are parallel processes, or is Trayvon a proxi for Obama?

        I am also interested in support for GZ from people on the “left”.
        It is hard to understand the cognitive processes going on in JM. But I see the same with some people on the Daily Kos.

        In the Netherlands we have a multi party system, so you get a more nuanced view of political leanings. The distinction of what is a left wing party and what is a right wing party, is based on economic preference, and not so much on cultural issues. The result is a swinging by a certain group of people between the ultra right racist party and the socialist party.

        I wonder what would happen if a Tea party person and an AA person would find themselves together with a bunch of foreigners. Which tribalisme is stronger, race or nationalism?

        • Puck says:

          I don’t think Trayvon is a direct proxy for Obama, but the whole case is not so much a parallel for RW sociopolitical nutjobbery as it is stemming from the same fundamental sentiments and, I could easily argue, unfolding according to the model I developed.

          I don’t know what Jeralyn’s deal is. I don’t frequent her site; I just hear about her here, and yes, I don’t understand how she seems to have abdicated critical thinking and ability to distinguish and understand nuance, and join the Zidiot nation. Has she not read the evidence? Is she such a fervent and blind believer in criminal defense that she can’t say, In this case, Okay, the guy is guilty guilty guilty and science (among other things) can prove it. The Professor was a defense lawyer and he’s able to do it.

          As for the pro-Fogen — sorry, “neutral” — lawyers on DKos, they seem to separate each event of GZ’s hunting expedition and insist that following someone isn’t illegal, getting out of one’s car isn’t illegal, walking in the same direction (because one is in “the area”) isn’t illegal, and so the only issue in dispute here is what happened in those few minutes of the confrontation (more like, Fogen’s attempted forceful detainment of Trayvon, who had simply asked why he was being followed). Does not a sequence of events leading to a killing, even if separately these events are not illegal, consitute the crime itself? And like Jeralyn, have they looked at the forensic evidence? They insist that it’s the state’s burden to disprove self-defense beyond a reasonable doubt, and muse about how incredibly hard this would be. As I wrote in another post, if it can be scientifically established that Trayvon did not assault Fogen, then there was nothing for him to defend himself against. It’s not that difficult.

          The tribalism of race is stronger, in my opinion. Race is natural and inherent whereas nationalism springs on various social constructs, however rudimentary.

      • Rachael says:

        I want to read it too

  8. Girlp says:

    Either West is not very bright…still wondering if he wants out before the sheets hit the fan during the trail.

  9. Xena says:

    After listening to West, I need a drink and a nap.

    Thanks for the PJ break-down, Professor.

  10. Rachael says:

    dos

  11. tharealkeisha says:

    alpha

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