Monday, June 17, 2013
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
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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