Tuesday, June 18, 2013
Good afternoon:
We have reached the magic number of 40 prospective jurors (PJ) passed for cause on the issues of hardship and exposure to pretrial publicity.
1. B-12
2. B-29
3. B-76
4. B-7
5. B-35
6. B-37
7. B-51
8. B-86
9. E-6
10. E-40
11. E–54
12. E-73
13. M-75
14. B-61
15. B-72
16. E-22
17. E13
18. E-28
19. K-80
20. K-95
21. P-67
22. G-14
23. G-29
24. G-47
25. G-63
26. G-66
27. G-81
28. H-6
29. H-7
30. H-18
31. H-29
32. H-35
33. H-81
34. H-69
35. H-86
36. I-5
37. I-19
38. I-24
39. I-33
40. I-44
As I have previously described the likely process:
When she gets to 40, 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.
Judge Nelson announced in court that she intends to begin at 9 am EDT and recess at 3:45 pm EDT, if jury selection has not been completed.
She will reconvene court at 4 pm EDT for the State’s rebuttal case in the Frye Hearing.
The State is going to call one witness: Tom Owen.
Jury selection will resume Thursday morning and continue until completed.
Opening statements will follow jury selection.
I estimate Friday morning for opening statements.
See you in court tomorrow morning at 9 am EDT.
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