Trial Coverage and Discussion Only - Jury Selection Day 5, May 13, 2011

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LIVE: Jury Selection Begins @ 8:30am | Live Blog

TRIAL DAY 5: Part 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16

CASEY WALKING IN: Raw Video | See Images

VIDEO REPORT: Day 5 Of Jury Selection Begins

INSIDE COURTROOM: Casey, Judge, Attorneys

FOR POTENTIAL JURORS: Questions | Instructions

READ: Message To Potential Jurors From Judge

http://www.wftv.com/news/27880756/detail.html

Ruling on first potential juror of the day, #1312. No challenges from Defense or State.

Juror #1312 retained!

Judge Perry just said all jurors accepted will be sworn in unless Attorneys backstrike.

They will work tomorrow - Saturday.

Still planning on trial beginning on Tuesday.

Re: Main Blog~Fri.. May 13, 2011~

Post by mom_in_il Today at 10:04 am
PJs retained so far:

1340 - Male - middle age, white married w/ 7 yr old; manager, seems to want to be on jury

1232 - Male - works for St. Pete times delivery - married w/kids no health/religious issues. Some impact on family, but wife could handle it. Not a gadget guy.

1129 - Male - hardship for work - insurance compliant analyst - only paid for 15 days - could use vacation - single - 60's

1398 - Female - volunteer counselor - retired - married - allergic to fragrance, trip north 29th June planned (tentative) - does not like interstate driving - 70s

1312 - Female - no hardship closing for home, can be accommodated. In divorce proceedings. Wedding at end of June. Not important enough to attend. Nobody to take care of. Works at hospital, would be reimbursed for Jury Duty

PJ #1167 ill, being sent home.

#1011

No challenge from State.

Baez for the Defense challenges on basis of untruthful answers.

George for the State says defense can use peremptory strike. Witness was as truthful as could be. State objects to striking for cause.

Judge questions PJ Re: DUI charge. Sentence? Community service/classes. Plead guilty. Does not consider himself criminal.

Bozo for Defense says call should be obvious.

Judge states usual judicial basis for striking for cause: bias/prejudice, language barrier, intimate with victim of crime, someone under prosecution, extreme knowledge of case, inability to follow law, or preconceived notions of guilt. Suggests peremptory strike.

Bozo also states failure to consider age as a mitigator. Reiterates untruthfulness.

Judge Perry discounts mitigator because of lack of judicial instruction. Will defense use peremptory strike?

Defense chooses to strike witness.

#1019 Retained. No challenges from State or Defense.

#1055 No challenges. Retained!

After the break, some concern over "mercy".

Judge Perry has read exisiting case law and had said:

1.) Jurors cannot be stricken for cause for not considering mercy.

2.) You can question a juror about mercy.

3.) You cannot give an instruction on mercy.

Another issue:

Judge talking about State using canned smell with jurors -

Jurors then become witnesses - can't be cross examined.

Ashton giving Judge Perry more case law to consider.

#1319

Defense no challenge.

Ashton for State wishes to exercise peremptory strike.

Defense replies with Batson challenge - on grounds that the other party used peremptory strike to exclude a potential juror based on race, ethnicity, or sex.

Ashton for the State challenging that the PJ does not want to judge others.

Judge says her answers are comparable to answers given earlier by other witnesses. Peremptory Strike denied.

Ashton questions Judge.

Judge says he has ruled and he's not going to argue.

Juror retained.

#1135

State questions his ability to serve. Approaching the bench.

PJ brought in for questioning after break.

PJ cannot consider age as a mitigating factor.

Excused for cause.

Judge Perry says he would like to finish through #21 today.

Mason objects that is too burdensome. Judge Perry compromises on finishing #16.

Mason referenced working 1/2 day tomorrow. Judge Perry corrected him saying they will work ALL DAY tomorrow.

#1173 Excused - financial hardship

#1367

Was to check on being paid for jury duty. She says employer will pay.

Excused for cause - language barrier.

#1389

Had to verify pay during jury duty. Would only receive 10 days.

Excused - financial hardship.

#1278

Excused for cause - unable to be fair and impartial.

Recess to narrow list of PJs to be called back tomorrow to avoid all returning.

Back from recess. Court adjourned.

Resume 8:30 AM tomorrow. 21 PJs returning.