Trial Coverage and Discussion Only - Jury Selection Day 9 - May 18, 2011

Possible Links:

http://www.wesh.com/casey-anthony-extended-coverage/interactive.html

http://www.myfoxorlando.com/subindex/news/anthony_case/

http://www.clickorlando.com/video/19046963/index.html

http://www.wftv.com/caseytriallive1/index.html

http://mfile.akamai.com/12909/live/reflector:20877.asx

http://www.cnn.com/video/flashLive/live.html?stream=stream1

Live on TruTV



Follow on twitter:

http://twitter.com/#!/TrialNotes

http://twitter.com/#!/caseyupdates

http://twitter.com/#!/OSCaseyAnthony

http://twitter.com/#!/CFNews13Casey

Day 9 begins with 11 retained potential jurors:

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

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

1019 - male - African American, no hardship, no financial, medical, family, employed IT, employer won't hassle for time off, thinks he will be paid

1055 - female - 20s - no hardship, has family, no children, husband no objections, student on summer break until August

1319 - female - hardship. Doesn't want to judge. Feels religious beliefs prevent her from serving. No financial, medical, family issues prevent her from serving. (African American)

1429 - Female - no hardship; has no computer!; retired; only med is diabetic

1025 - Male - exp hardship; wife unemployed; 2 small kids; is a chef consultant; will be paid ; no medical concerns

1007 - Female - will experience hardship; will be paid from work; takes daily medication that affect her memory but not sure how they would affect her memory on a trial

3308 - Male - city worker, will be paid; has vacation to grandma's and baseball tickets; married- instructed to call airline about refundable tickets - Delta will provide full refund and Judge Perry will get Brewers tickets

3015 - Female - no hardship; no family or financial; medical, needs labwork done once for kidney transplant; HHJP asks about "any" lab and there's no problem; will be pd by work;

3185- Male - no financial, family, medical hardship, nephew getting married May 22 (?),

Peremptory challenges remaining:

Defense 1; State 3

UPCOMING: Live Jury Selection @ 8:30am | Live Blog

CASEY WALKS IN:See Images | Raw Video

IN COURT 05/18: Images Of Casey, Perry, Attorneys

TRIAL DAY 9: Part 1

VIDEO REPORT: Jury Selection Enter Day 9

http://www.wftv.com/news/27933910/detail.html

Defense begins the day with a Motion relating to the jury issues.

Lisabeth Fryer for the defense argues that they are objecting to the current selection procedure.

Judge says this process was decided months age.

Fryer states we understood there would be a magic number.

Judge Perry asks what was the magic number?

Fryer responds 18.

Judge Perry states we need twelve plus a certain number of alternates.

Fryer sites case law.

Judge says law states that he cannot prohibit anyone from using a backstrike before the jury is sworn. Did he not allow backstrikes? And asks what is your definition of a panel? A number of jurors are summoned, and size is suggested by law, 50 for capital case, plus 3. How many folks have we brought in?

She responds over 100 on the first day and then 40.

Judge Perry said so you conceded the number of jurors far exceeds the number required by Supreme Court law.

Fryer said number after hardships, etc., was low. And we have not accounted for alternates.

Judge says show me a rule that says I cannot swear in 12. The alternates have separate challenges.

Fryer says we will no longer be able to exercise peremptory challenges, and depriving our clients of her due process rights. - calls it a race, a perceived rush.

Judge Perry again asks for one instance where he has cut off anyone from asking one question he wanted to ask?

Fryer says swearing in one part and then another is against FL law.

Judge site a 5DCA case that dealt with the issue defense is raising. A full panel was selected and sworn. Alternate juror was selected and sworn. Objection was to the denied use of left over peremptory challenge, said Alternate challenges must be used for alternates. Continue.

Fryer goes on to say under FL Supreme Court case law is being challenged. We have issues with piecemeal process.

State clarifies original procedure was less favorable. Not knowing what's coming up has been known and motion should have been filed by now. We're familiar with case law. Rules separate jury selection from alternate selection. We could not find any case law saying it was against the rules.

Fryer says there are rules against alternates knowing they are alternates. Interferes with due process.

Judge reminds us that the case against Casey is exceptional case. Defense filed for COV citing publicity and hostile environment. Here in Pinellas Co. a number of people have heard of this case. He sites extensive coverage. This court has permitted individual voir dire on pre-trial publicity, hardship, DP and general voir dire to make sure defendant's rights are preserved. We brought in close to 150 people and we have excused a great deal of people. We currently have 16 to question. This courts has to insure a fair trial and due process, but has to balance the interest of jurors. PJs are not grist for grist mill. They've been in limbo for more than a week. It's difficult to make sure they don't read watch or listen to news accounts. The court has permitted questioning on every subject, even up to 3 - 4 hours, and gave notice to shorten. Purpose is to ferret out biases. Not to find advantage. Calls it the "dirty little secret". Consistent with FL and US Constitution, this Court has done all it can to balance and has attempted to conduct selection in accordance with case law. therefore defense's objection to process is denied and we will continue with the process.

Judge reminds counsel that they have talked to 200 jurors. They have spent an average of 1 hour on each juror. He suggested certain working hours, and they've worked those hours. Asking Bozo, how do you want to proceed to talk to the remaining 15 jurors, knowing there is no facility after tomorrow. Come in early, give up here, reconvene somewhere else? I'm all ears.

Bozo took on Ms. Anthony's case he gave her his word he would get a fair and impartial jury. He wants to question multiple jurors. He recognizes the court is trying to insure fairness. Due process means meaningful voir dire before he exercises peremptory challenges. Hence the motion. It is the Honor's decision.

Judge asks Mr. Baez about process, can't force peremptory challenge. Permits the challenge and continues questioning. Bozo's way, there could never be an end. He needs to know at what point does he stop. Judge asks, if we go through 15, what schedule are you willing to work after tomorrow. Can't use the parking lot.

Judge trying to figure out how to get it done. You don't have to give me an answer now. When we get to 70 that's it. One juror (seat 48) is still ill. How do you propose we talk to the remainder?

Bozo proposes we do the best to get through the voir dire.

Judge says tomorrow at the close, that's it. No facility. Courtrooms are a problem. Rural counties are the exception. Community center in Bristol? 2 weeks plus staff, overtime, Orange Co. will be invoiced. The peremptories are the duhfense's and no one is stopping him, but that game can go on forever.

3283

Judge Perry says juror 3283 walked into the courtroom and heard 20 seconds of counsel's argument.

So what do we do about 3283?

Defense recommends bringing the juror in.

Judge calls the juror.

Asking the State about 3283.

State wants 5 minutes to discuss sidebar.

Back from State's discussion. The court reporter, judge and attorneys are behind close doors.

And they're back, ready to proceed at sidebar.

Juror excused peremptory challenge by the State.

Recess until 12:45 ET.

Make that 1:00 PM by Bozo's request.

Judge had an opportunity to speak to the Chief Judge of 6JC, so if necessary they will be accommodated on Friday and Saturday.

9:00 AM Monday morning opening statements will commence if we have a jury!

Court in Recess until tomorrow morning!

Video from the last few moments before Court went into recess:

http://www.wftv.com/video/27939403/index.html


"Mr. Mason, have you had an opportunity to discuss the matter with Ms. Anthony?" Perry asked.

"I have, Your Honor," Mason said.

"Anything you need to add?" Perry asked. "OK, this court will be in recess until 8:30 tomorrow morning."

Could Judge Perry be wrong, Defense right?
May 18th, 2011 by Richard Hornsby.
Have no idea what happened, but suspect it was due to jury selection procedure. So could for once Judge Perry be wrong and the defense right?

Ironically named, Perry v. State, 675 So. 2d 976 (Fla. 4th DCA 1996), might hold the answer.

We find that the court did abuse its discretion in this case when it terminated voir dire before defense counsel had an opportunity to question all of the jurors individually. A number of factors have led us to this conclusion.

First, this was a capital case, and thus involved twice the usual number of jurors.

Second, it was the type of case which could generate unusual emotional reactions from jurors because of the senselessness of the killing and the ages of the participants.

Third, the number of jurors (forty-five) from which the selection was being made was large.

Fourth, exercising more than the seven peremptory challenges the defense did use would have resulted in the possibility of jurors being seated who had not been reached by defendant for individual questioning.

http://blog.richardhornsby.com/2011/05/could-judge-perry-be-wrong-defense-right/

Jose Baez has released a statement to several news outlets about the abrupt recess of Court until tomorrow:

"Today's adjournment was due to a private matter. Please stop the speculation, as jury selection will continue at 8:30 tomorrow morning. No further statements will be made.”