2.Panel 1 Voir Dire — Witness Familiarity and Publicity Screening
730 lines(In open court.)
MR. OWENS: We don't have specific names on these. These are custodian of records, some hospital records and other type records. So custodian of records for AdventHealth in Winter Park, custodian of records for AdventHealth in Orlando, Rollins, custodian of records for AdventHealth Altamonte Springs, custodian of records Aspire Health, custodian of records with the Orange County Sheriff's Department, custodian of records with the Orange County Jail, custodian of records with the Orange County Clerk of Court, custodian of records for the Orange County Clerk of Court, Family Law Division.
Thank you.
THE COURT: Members of our panel, please raise your paddles if you recognize the names of any of the potential defense witnesses that Mr. Owens just read.
All right. Juror No. 22?
JUROR: AdventHealth Rollins.
THE COURT: Okay. But that was not a specific person, it was just the records custodian.
JUROR: Correct.
THE COURT: How is it that you may be familiar with any records custodian from that entity?
JUROR: I work for the hospital.
THE COURT: Okay. All right. Thank you, ma'am. The lawyers may have some follow-up with you on that. Thank you very much.
Finally, look amongst yourselves; right, left, front, center. Is there anyone that's seated near you or around you that you may recognize? If you recognize anyone, please raise your paddle at this time.
The Court sees no paddles.
You've been brought in today as part of our jury panel for a criminal case. This part of the trial is called jury selection. The purpose is to pick a fair and impartial jury for both the State and for the defense.
Now we're going to kind of get into a little bit of an interactive portion of our program today. There are no wrong answers, but I'm going to be asking you some guestions. And you may have some certain beliefs and you may feel certain ways towards certain things, and I'm not asking you to change your beliefs or change what you think. Those are your beliefs. I want you to have them. Keep them. But all I'm asking from you today is if you can answer all of my questions fairly, completely, and accurately. That'll ensure that we get that jury that we're looking for that's both impartial for the State and for the defense. Is everybody on board with that? If you are, go ahead and raise your paddles at this time.
The record will reflect that all paddles have been raised.
So getting into that interactive portion of our program this morning, does anyone know what a person's biggest fear is? I'll preface this with, there are no wrong answers. And if no one wants to take a jump at it, I'll start picking on people. Raise your paddles, if you could, so I can see who it is.
All right. Juror No. 20, I think you were up first. Go ahead, sir.
JUROR: Money.
THE COURT: All right. That certainly is tough. It's a tough time right now, having not enough money to make ends meet is difficult.
Juror No. 3?
JUROR: Sickness.
THE COURT: Yeah. I got two sick little monkeys at home, so I hear you on that.
Juror No. 2?
JUROR: Death.
THE COURT: Always hard to deal with.
Juror No. 26?
JUROR: Mortality.
THE COURT: Also up there.
Any other guesses? 22?
JUROR: Public speaking.
THE COURT: Nailed it. Juror No. 22 for the win, public speaking. Surveys show us that speaking in public is actually scarier than taking the next great adventure, whatever it may be.
So the reason I tell you-all this, like I said earlier, I'm going to be asking you some questions and the State and the defense may be asking you some questions. And like those beliefs we talked about, I don't want you to change them. If that's what you think and you believe, hold on to those, but what I'm asking you to do is you completely answer our questions honestly and truthfully. That's all that I'm asking for you.
Before we continue with the rest of jury selection today, I have an instruction from the Florida Supreme Court that I need to read to you: In order to have a fair and lawful trial, there are rules that all jurors must follow. A basic rule is that jurors must decide the case only on the evidence presented in the courtroom. You must not communicate with anyone, including friends and family members, about this case, the people and places involved, or your jury service. You must not disclose your thoughts about this case or ask for advice on how to decide this case. I want to stress that this rule means you must not use electronic devices or cell phones to communicate about this case, including tweeting, texting, blogging, e-mailing, posting information on a website or chat room, or any other means at all. Do not send or accept any messages to or from anyone about this case or your jury service.
In addition, your cell phone or electronic device must be turned completely off while you are in the courtroom. You must not do any research or look up any words, names, or anything else that may have anything to do with this case. This includes reading newspapers, watching television, or using a computer, cell phone, the internet, any electronic device, or any other means at all to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. All of us are depending upon you to follow these rules so that there will be a fair and lawful resolution to this case.
Unlike questions that you may be allowed to ask in court, which will be answered in court in the presence of the judge and the parties, if you investigate, research, or make inquiries on your own outside of the courtroom, the trial judge has no way to assure they are proper and relevant to the case. The parties, likewise, have no opportunity to dispute the accuracy of what you find or to provide rebuttal evidence to it. That is contrary to our judicial system which assures every party the right to ask questions about and rebut the evidence being considered against it and to present argument with respect to that evidence. Non-court inquiries and investigations unfairly and improperly prevent the parties from having that opportunity our judicial system promises.
Any juror who violates these restrictions jeopardizes the fairness of these proceedings and a mistrial could result, which would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the Court, and the taxpayers. If you violate these rules, you may be held in contempt of court and face Sanctions, such as serving time in jail, paying a fine, or both.
If you become aware of any violation of these instructions or any other instruction I give in this case, you must tell me by giving a note to the court deputy.
Raise your paddles if you agree to follow the rules that I just read to you.
The record will reflect all paddles have been raised.
I want to take a moment to ensure that each of you are eligible to serve as a member of our jury in this case. Please raise your paddles as you sit here today if you are not an Orange County resident. If that applies to you, please raise your paddle at this time.
The Court sees no paddles.
Raise your paddles if you've ever been convicted of a felony in any state or federal court and have not had your civil rights restored. If that applies to you, please raise your paddles at this time.
The Court sees no paddles.
Please raise your paddles if you speak little to no English or have concerns about your ability to speak and understand English. If you have those concerns, please raise your paddles at this time.
The Court sees no paddles. I want to take a moment and thank you for answering the call. I know all of you were super excited when you got that letter that said you needed to report for jury duty on October 14th just coming out of a hurricane that we had last week. I hope each and every one of you and your family and your loved ones were left unscathed. Other parts of our state were pretty well ravaged and we got lucky here in Central Florida. So I thank you for coming today. I thank you for answering the call and coming to serve today.
The Founding Fathers experienced tyranny under the hands of the King of England. One example of such tyranny was depriving Americans of the right to jury trials in criminal cases. In 1774, Founding Father John Adams said: Representative government and the right to trial by jury are the heart and lungs of liberty. Without them, we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds.
The constitution of the United States preserved the right to jury trial in all criminal cases. Our judicial system rests on this bedrock principle. Without your sacrifice and your service, the wheels of justice would simply come to a screeching halt. So on behalf of myself, the court staff, the State, and the defense, I thank you for your sacrifice and your time in this matter.
Now, I tell you all that to lay out the schedule that we have in this case. We anticipate this case taking an extended period of time, up to or before November the lst. So that is approximately three weeks. It may finish before then, but I'd rather tell you it's going to take longer and we finish earlier than tell you it may be shorter and then I need you to come back for a longer period of time.
Today is a little bit different because it's jury selection. We got a later start today and there was a long line outside due to security. Typically, we start every morning at 9:00 and we end at 5:00. We have an hour and a half lunch break, usually between 12:00 and 1:30. Sometimes it'll be at 12:30, but I'll give you that hour and a half. We're also going to have regularly scheduled breaks, both in the morning and the afternoon, so we can get some refreshments, some snacks, stretch our legs a little bit. Those are what I like to call our regularly scheduled breaks.
Now, there may be other breaks as well where I have to discuss matters outside of your hearing with counsel for the State and counsel for the defense. I cannot tell you when those are going to occur, how often they're going to occur, or how long they may take. The only thing that I can promise to you is that we will work as efficiently and diligently as possible to work through any of those issues not to waste anyone's time.
The only other day that would be different is the day of deliberations, and that would be after the State has rested their case, the defense has rested, if they choose to put on a case, and after the State has put on any rebuttal. The Court will then instruct you on the law and the defense and the State will provide their closing arguments. Then I will give you your final instructions before I release you to deliberate in this matter.
I cannot put a cap on how much time you deliberate. I cannot say you have ten minutes. I cannot say you have ten hours. It will be up to you, if you are selected as a member of our jury, to wade through all the evidence and testimony, apply the law that I give to you, and come to a verdict in this case.
We cannot work later than 9:00 on any given night. So understanding the sacrifice that you would be making serving on this jury from now until no later than Friday, November the lst, 9:00 to 5:00, unless we're deliberating where we would work until approximately 9:00 at night, does anyone have concerns over that schedule? If you do, go ahead and raise your paddles.
All right. I'm going to start here on my left. Raise them high for me. All right. I've got the first row on my left, 1, 2, 3, 5. You can lower those. Thank you very much.
Second row, keep your paddles high if you've got concerns. All right. Second row on my left, thank you very much. That was 16, 17, 18, 19, 20, and 21.
Third row? 29, 30, 31, and 33. Thank you very much.
Last row? 41 and 43. Thank you.
Moving now to my right, first row? 10, 11, 12, 13, 14. Thank you.
Second row? 22, 23, 25, 26, 27, 28. Thank you very much.
Third row? 36, 37, 38, 39, and 40. And the last row? 46, 47, 48, 49, and 50.
All right. I have some categories of hardships that I'm going to go through that may affect your ability to serve in this case. Please raise your paddles for every category that you think applies to you and we'll address them. At the end, if there are some other categories or other reasons that you cannot serve, I have the all-encompassing other, and we can address your concerns at that point in time, okay?
The first hardship I'd like to discuss with all of you is financial hardships. A financial hardship means that your employer does not pay for you to be here for your jury service, and that because you are not being paid, without that income, you would not be able to meet your ordinary household expenses. If that applies to you, please raise your paddles at this time.
Okay. Let me start on my left. 3, 5, 6, and 7. 17, 21, 31, and 45. All right. Thank you.
Moving to my right. 11, 12, 13, and 14. 36, 38, 40, and 46.
All right. Thank you very much.
Starting over to my left, juror in Seat No. 3, good morning, ma'am. What do you do for a living?
JUROR: I'm a medical bill biller.
THE COURT: Okay. All right. And I'm assuming that your employer does not pay for your service?
JUROR: No.
THE COURT: So if you were asked to serve as a juror in this case for the next couple of weeks, would you be able to meet your household expenses?
JUROR: No, I would not.
THE COURT: Okay. All right. Thank you very much, ma'am.
JUROR: Thank you.
THE COURT: The lawyers may have some follow-up with you.
Juror in Seat 5, what do you do for a living, sir?
JUROR: I install fire alarm systems.
THE COURT: All right. Similarly, your employer does not pay for your time to be here?
JUROR: No.
THE COURT: And would you be able to meet your household expenses if you were here for the next three weeks?
JUROR: It would be tough.
THE COURT: Okay. Let me ask you a question on "it would be tough." So if you got a ticket and you could go anywhere in the world, where would you go right now?
Remember, there's no wrong answers.
JUROR: Sure. I would probably go back to Nicaragua. I do some volunteer preaching work there, so...
THE COURT: Okay. So if I was to tell you with this ticket that you got, the limo would come here to the front of the courthouse, pick you up, take you right to the Orlando International Airport, take you right to the gate with the plane, it's just you all by yourself on that plane, you, the staff on the plane, and pilot. You're walking down the gangway, you meet the pilot, you shake his hand. You say, Hey, are we going to get to Nicaragua safe? And he goes, Eh, I think so, we should be able to. Are you going to get on that plane?
JUROR: I mean, that sounds like most airlines.
THE COURT: Fair, but the reason I'm having that conversation is, we're looking for more definitive answers than the wibbly-wobbly it may, it should, it might. And if the answer is yes, that's fine. If the answer is no, that's fine. It goes back to what we talked about earlier, just being honest and complete with the answers. So if you had to make that sacrifice, sir, would you be able to meet those household expenses?
JUROR: Yes.
THE COURT: Okay. All right. Thank you, sir. I appreciate your honesty. The lawyers may have some follow-up.
Juror No. 6, what do you do for a living, sir?
JUROR: I'm an insurance agent.
THE COURT: Okay. All right. If you were asked to serve on this jury for the next three weeks, would it impact your ability to meet your household expenses?
JUROR: If it's going to be every day, yes.
THE COURT: It would most likely be every day. Now, like I said, we may finish before that Friday on the lst.
JUROR: Sure.
THE COURT: But I don't know when in that window that last week from October 28th to the lst we may finish.
JUROR: Will affect, yes.
THE COURT: Okay. All right. Thank you, sir.
Juror No. 7, what do you do for a living, sir?
JUROR: I work as a mortgage loan officer.
THE COURT: Okay. All right. Similar question, sir, does your employer pay for your time to serve?
JUROR: No.
THE COURT: Okay. And if you had to serve on our jury for the next three weeks, would that impact your ability to meet your household expenses?
JUROR: Yes, sir.
THE COURT: All right. Thank you, sir.
Juror 17, what do you do for a living, sir?
JUROR: I'm a handyman.
THE COURT: Okay. All right. Are you self-employed or do you work for someone else?
JUROR: Self-employed.
THE COURT: Okay. And if you couldn't work for the next three weeks, certainly can't pay yourself, can you?
JUROR: Yeah, I don't -- I can't afford it. I'm sorry, I just bury my mother-in-law three weeks ago. It's kind of tough on me right now.
THE COURT: Understood, sir. Thank you, sir. Appreciate you.
Juror No. 21, good morning, ma'am. What do you do for a living?
JUROR: Good morning. IT specialist.
THE COURT: Okay. Does your employer pay for your jury service?
JUROR: No.
THE COURT: And without that pay, would you be able to meet your household expenses if you were asked to serve in this case?
JUROR: No.
THE COURT: Thank you, ma'am. I appreciate that.
Juror No. 20, yes, sir?
JUROR: I own a pressure washing business, so if I were to be here for the next three weeks -- I didn't raise it. I didn't really understand the process completely, but if I were to be here for the next three weeks, it would definitely affect my, like, living standards of how much money I'm making through the month.
THE COURT: When you say you're in the process, process of what?
JUROR: Of this. Like, if I were to come here for three weeks.
THE COURT: Okay. Got it. Would it affect you such that you could not meet your household expenses?
JUROR: Yeah.
THE COURT: Okay. All right. Thank you, sir.
Juror 31, good morning, ma'am. What do you do for a living?
JUROR: I work at Best Buy.
THE COURT: All right. Does Best Buy pay for your jury service?
JUROR: No.
THE COURT: If you were asked to serve on our jury for the next three weeks, would it impact your ability to pay your normal household expenses?
JUROR: Yes.
THE COURT: All right. Thank you, sir.
Juror 45?
JUROR: I work at a dealership.
THE COURT: Hold that paddle up for me, sir. What kind of dealership, car dealership?
JUROR: Yes, sir.
THE COURT: All right, sir. Does that dealership pay for your time to serve as a juror?
JUROR: No.
THE COURT: And without working for the next three weeks, could you meet your ordinary household expenses?
JUROR: (Shakes head.)
THE COURT: You're shaking your head, sir. Is that a yes or a no?
JUROR: That's a no.
THE COURT: All right. Thank you, sir. Appreciate it.
All right. Moving to -- anyone else, financial concerns here on my left?
All right. The Court sees no paddles.
Moving now to my right. Juror in Seat 11, good morning.
JUROR: Good morning.
THE COURT: What do you do for a living?
JUROR: Substitute teacher.
THE COURT: Okay. All right. Is it an on-call or --
JUROR: It's an on-call, but I'm already scheduled up until November lst. Plus, if I don't work, I can't feed any of my kids.
THE COURT: Okay. All right, ma'am. Is that through Orange County?
JUROR: Kelly Education.
THE COURT: Okay. All right. Ma'am, thank you very much.
Juror No. 12, good morning. What do you do for a living?
JUROR: I'm a project manager and I travel for my projects.
THE COURT: Okay. Is there travel anticipated over the next three weeks?
JUROR: Yes. Two trips.
THE COURT: Okay. Very good, sir. I have a category specifically on travel. Going to the financial concerns, does your employer pay for your jury service?
JUROR: No.
THE COURT: Okay. And if you were asked to serve as a juror member for the next couple of weeks and you were not paid, would that impact your ability to meet your household expenses?
JUROR: It would impact it, yes.
THE COURT: Okay. All right. Thank you, sir.
Juror in Seat 13, good morning.
JUROR: Good morning.
THE COURT: What do you do for a living?
JUROR: I work at the Orange County Convention Center. I do facility maintenance.
THE COURT: Okay. All right. Do they pay for your jury service?
JUROR: No.
THE COURT: And if you were asked to serve as a juror for the next couple of weeks, would that impact your ability to make your household expenses?
JUROR: Yes.
THE COURT: All right. Thank you, ma'am.
14?
JUROR: Good morning, sir.
THE COURT: Good morning, sir. What do you do for a living?
JUROR: Self-employed. I have a transportation business.
THE COURT: Okay. Are you the owner or are you also the driver, or both?
JUROR: I'm the owner and the driver.
THE COURT: Okay. I'm assuming you don't pay yourself if you have to serve on a jury?
JUROR: Yeah. I won't be -- I don't make no money if I'm here.
THE COURT: Okay. All right, sir. Thank you very much.
Juror No. 36. Raise that paddle up for me. Good morning, sir. What do you do for a living?
JUROR: Work at Ace.
THE COURT: Ace Hardware?
JUROR: Yes, sir.
THE COURT: I'm assuming they don't pay for your jury service?
JUROR: Nope.
THE COURT: And if you were asked to serve as a juror in this case, would that impact your ability to meet your household expenses?
JUROR: Yes, sir.
THE COURT: All right. Thank you.
Juror No. 38, yes, sir? Good morning. What do you do for a living?
JUROR: I'm in insurance.
THE COURT: Okay. Do they pay for your jury service?
JUROR: (Shakes head.)
THE COURT: That's a no?
JUROR: No, sir.
THE COURT: All right. Thank you, sir. If you were not paid for the next couple of weeks, would that impact your ability to meet those household expenses?
JUROR: Absolutely.
THE COURT: Thank you, sir. Appreciate it.
Juror No. 40, good morning, ma'am. What do you do for a living?
JUROR: I'm a dental hygienist.
THE COURT: Okay. All right. Does your dentist pay for your time to serve as a juror?
JUROR: No.
THE COURT: And without acting as a dental hygienist, would you be able to meet your household expenses?
JUROR: No.
THE COURT: Okay. Thank you, ma'tam.
Juror No. 46, good morning.
JUROR: Good morning.
THE COURT: What do you do for a living?
JUROR: Well, I'm mostly with my 3-year-old at home, but then I work part-time at Publix as a cashier.
THE COURT: Okay. All right. And if you were not working at Publix -- I'm assuming they also do not pay for your jury service?
JUROR: (Shakes head.)
THE COURT: And if you were not working part-time, would that impact your ability to meet your household expenses?
JUROR: Yes.
THE COURT: Okay. All right. Thank you very much.
Anyone else, financial concerns? If you have them, go ahead and raise your paddles at this time.
Okay. The next category are new mothers. The statutes were just changed in July of this year. If anyone has given birth within the last six months, please raise your paddles at this time.
Juror No. 11, congratulations. How old is the newest one?
JUROR: She just turned eight months, and I breastfeed, so it's not...
THE COURT: Okay. Anyone else?
All right. The Court sees no paddles.
Similar with Jurors No. 46 and Juror 11, the next is childcare. Some of you may be stay-at-home parents. Some of you may take your kids to school every morning. I lucked out this morning because it's teacher work day, but usually I take the little ones to school every day, or you may have to drop them off when the school day ends or from aftercare.
Now, understanding the Court schedule is 9:00 to 5:00, unless we're in deliberations, if you believe having to keep that schedule would conflict with your childcare responsibilities and there's no one else who could assist in those responsibilities -- a spouse, family member, a loved one, a significant other -- please let me know if that applies to you. Raise your paddles now.
Okay. Raise them high for me. 2, 3, 17 on my left. And on my right, 11, 13, 14, 37, thank you, 46, and 47.
We're going to switch it up and go to my right here first. Juror No. 11, you have your eight-month-old. How many other children do you have, ma'am?
JUROR: I have a 6-year-old. As you can see -- you said teacher work day, so that's him. And my special ed, my 3-year-old, he has to go to ABA therapy and I have to take him.
THE COURT: Okay. Is there anyone else who might be able to assist with those responsibilities?
JUROR: If my husband leaves work, he gets fired, which would put us in a financial problem. We both need to work, but as you can see, in a very tight spot trying to -- there's just nobody else. Just me and him.
THE COURT: Okay. Got it. Thank you, ma'am.
Juror No. 13, good morning.
JUROR: Good morning.
THE COURT: How many children do you have, ma'am?
JUROR: I have two, a 10-year-old and a 6-year-old.
THE COURT: Okay. Is there anyone else who can take them to school or provide for them if you were asked to serve?
JUROR: No. Basically, it's me that's always, you know, taking them to school. And my 6-year-old, he's autistic, so I'm always going to therapy and pick him up from different schools. So it's two different schools I have to travel to. And also therapy.
THE COURT: Okay. All right. Thank you, ma'am.
Juror No. 14?
JUROR: Good morning.
THE COURT: Good morning, sir.
JUROR: My daughter is 12. She's in middle school. Generally, I'm the one that's mainly taking her, because her mom doesn't have a car, so -- and she has to -- school doesn't open up until 9:00 where she's at and the school lets out at about 3:00, 3:30, so it would definitely conflict with me being able to drop her off, get here on time, and then be able to actually leave, because I won't be able to leave to actually be able to pick her up.
THE COURT: Okay. And you only have one car?
JUROR: Yes.
THE COURT: Okay. Does your daughter normally get picked up at 3:00 at dismissal or does she participate in any after-hours programming?
JUROR: It all depends. Because, like, let's say her mom is unable to come get her, she'll text me, say, Hey, can you get her? But -- like, we have a joint schedule, but most times I'm the one that's actually doing the brunt work of picking up and dropping off.
THE COURT: Okay. All right. Thank you, sir.
Juror No. 37, good morning.
JUROR: Good morning.
THE COURT: How many little ones do you have?
JUROR: I have two, a 2-year-old and a 3-year-old, and I'm the one that takes them to daycare and picks them.
THE COURT: Say that one more -- you're the one who picks them up and drops them off?
JUROR: Yes.
THE COURT: They're not in school yet, they're in daycare?
JUROR: They're in daycare, yes.
THE COURT: Okay. All right. Is there anyone else who might be able to assist?
JUROR: Not for three weeks.
THE COURT: Okay. I got it.
Juror No. 46, good morning. How many little ones do you have?
JUROR: I have three.
THE COURT: And what are their ages?
JUROR: 12-year-old, 5-year-old, and a 3-year-old.
THE COURT: Okay. Is the 5-year-old in school or in daycare?
JUROR: She's in school.
THE COURT: VPK?
JUROR: Yeah.
THE COURT: Okay. All right.
JUROR: And the 3-year-old is not in daycare.
THE COURT: Does the 3-year-old just stay home with you?
JUROR: Yes.
THE COURT: All right. Is there anyone else who might be able to assist with those responsibilities?
JUROR: Not for three weeks, no.
THE COURT: Okay. All right. Thank you.
Juror No. 47?
JUROR: Yes. Good morning.
THE COURT: Good morning. How many little ones do you have?
JUROR: I have three children. And, also, there's one other child that I'm responsible for taking to school and home from school every day.
THE COURT: Okay. And your three children, what are their ages?
JUROR: 12, 8, and 6.
THE COURT: Okay. And the other child?
JUROR: 12.
THE COURT: Okay. All right. Is there anyone else who can assist with those responsibilities of taking them to school and dropping them off?
JUROR: Not at this time.
THE COURT: Okay. All right. Thank you very much.
Anyone else over here to my right, childcare concerns? Raise your paddles.
The Court sees no paddles.
Moving to my left, I had Jurors 2, 3, and 17. Anyone else, childcare concerns? 15. All right. Thank you, ma'am.
Starting with Juror No. 2, ma'am, good morning. How many little ones do you have?
JUROR: I have two, 12- and 13-years-olds.
THE COURT: Okay. Do you pick them up and drop them off at school?
JUROR: I do.
THE COURT: Do they participate in any after-school activities?
JUROR: Not on campus.
THE COURT: Okay. All right. And how do they get to those off campus?
JUROR: I'm their driver.
THE COURT: Okay. Is there anyone else who might be able to facilitate?
JUROR: For three weeks, it would be tough. I own a business. It's my husband and I, so if I'm here, then he has to do the business and wouldn't necessarily be able to get the kids also, so it's tough.
THE COURT: Okay. All right. Thank you.
Juror in Seat 3, ma'am, good morning.
JUROR: Good morning.
THE COURT: How many children do you have?
JUROR: It's my grandsons. My daughter is a single parent and I help her picking up the boys after school. I keep them at home and then I have to take them to activities, baseball, things like that.
THE COURT: When do you pick them up?
JUROR: I pick them up around 2:30, 3:00, and I bring them home. I give them snacks, then I get them ready to take to practice. My daughter --
THE COURT: Is there anyone else who might be able to assist?
JUROR: No. She wouldn't have anybody.
THE COURT: All right. And what were the ages of the grandchildren?
JUROR: 13 and 9.
THE COURT: Okay. Thank you, ma'am.
JUROR: Thank you.
THE COURT: Juror No. 15, good morning.
JUROR: Good morning.
THE COURT: How many children do you have, ma'am?
JUROR: It's my granddaughter.
THE COURT: Okay. And how old is she?
JUROR: She's 6 years old in first grade.
THE COURT: All right. And what are your duties as a grandmother?
JUROR: Pick her up and drop her off from school.
THE COURT: Every day?
JUROR: Every day. My daughter works from home from 8:00 to 4:30. Monday, Tuesday, Thursday, and Friday, she gets out at 3:00. And then on Wednesday, they get out early at 2:00.
THE COURT: Is there anyone else who can assist with taking care of them?
JUROR: Maybe. I'm not sure. I didn't -- I don't know. I have to talk to her about that.
THE COURT: Okay. All right. Is that something you might be able to call her during a break and see if there's anyone else who might be able to cover?
JUROR: Sure.
THE COURT: Okay. Great. I'm going to make a note to follow up with you on that. Thank you, ma'am.
And, Juror in Seat 17, good morning, sir.
JUROR: Good morning.
THE COURT: How many children do you have, sir?
JUROR: I have three.
THE COURT: Okay. And what are their ages?
JUROR: 18, 17, and 9.
THE COURT: And with the 18 and the 17-year-old, how do they get to school?
JUROR: 17 is a bus, but the 18 and 9, I have to take them to school every day, because my wife have an early shift.
THE COURT: Okay. All right. Is there anyone else who might be able to take them to school and pick them up?
JUROR: No. Like, this morning, if there was school, they'd have to stay home because nobody.
THE COURT: Okay. All right. Thank you, sir.
Anyone else to my left, childcare concerns? Raise your paddles.
The Court sees no paddles.
And the next topic is adult care. Similar to childcare, some of us may be taking care of older parents or older loved ones who need near round-the-clock or round-the-clock care. If that applies to you, please raise your paddles at this time.
Okay. Jurors 18, 22, and 49.
Let's start with Juror No. 18.
JUROR: I take my grandmother to her doctors' appointments, usually once every other week or so, depending on what doctor's appointment she has.
THE COURT: Okay. Are there any that are scheduled over the next couple of weeks?
JUROR: Yes. She has at least two I know of next week.
THE COURT: Is there anyone else who can assist with those transportation duties?
JUROR: I don't know off the top of my head. I would have to call and check.
THE COURT: Okay. Could you do that?
JUROR: Yeah.
THE COURT: All right. Awesome. I appreciate that. I'll make a note to follow up on that, sir. Thank you.
JUROR: Thank you.
THE COURT: Juror No. 22, yes, ma'am?
JUROR: I have two grandparents, 93 and 95. I take them to doctors' appointments, usually on Mondays. And they have two scheduled for next week and then another one two weeks from now.
THE COURT: Similar question that I asked of Juror No. 18, is there anyone else who might be able to assist with transporting them?
JUROR: No.
THE COURT: Okay. All right. Thank you, ma'am.
And, Juror No. 49, yes?
JUROR: Yes. My wife had a stroke, so I'm her primary caregiver. There are cognitive issues, as well as balance issues, along with doctor appointments.
THE COURT: All right. And I'm assuming there's no one else who can help care for your wife, sir?
JUROR: No.
THE COURT: All right. Thank you very much, sir.
The next category is travel. Is there anyone who has travel, whether it's business or personal, teed up over the next couple of weeks? Go ahead and raise your paddles at this time.
All right. Starting on my right, 10, 12, 14, 25. Keep those paddles up for me. I saw a couple disappear. 38, 49, and 50. Thank you.
Moving to my left, travel, raise those paddles high for me, if you could. 5, 21, 41, 42, and 43.
All right. I'm going to start here over on my left. Juror No. 5, yes, sir?
JUROR: At the end of this month, I'm going back to Nicaragua for volunteer work.
THE COURT: And have you already purchased those tickets, sir?
JUROR: No.
THE COURT: Do you know when you're leaving?
JUROR: It's around the 25th.
THE COURT: Okay. And is that something that could be rescheduled?
JUROR: We have a dog over there that is being looked after. It'd be best to be back for that. I guess I could make a call.
THE COURT: Okay. If you could, and I'll make a follow-up for you.
JUROR: Uh-huh.
THE COURT: And let me ask this other question, Sir. If you were asked to serve as a juror in this case and you were selected, would your mind be so focused on the dog and traveling to Nicaragua or would you be able to focus and fairly and impartially weigh the evidence presented in this case?
JUROR: I mean, the majority of my life is in Nicaragua right now, so my mind would definitely be on Nicaragua.
THE COURT: All right. Thank you, sir, for your honesty. I appreciate you.
Juror 21?
JUROR: Yeah.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: What's the schedule with travel, ma'am?
JUROR: Scheduling? Because of the hurricane that just recently passed, my mom is in Arcadia. She just got her power restored yesterday. So I planned on going down this week, actually, to assist her with cleaning up and helping around the farm. And, also, the end of the month, I will be traveling to New York.
THE COURT: And when are you traveling to New York?
JUROR: Leaving on the 30th.
THE COURT: And have those tickets been purchased?
JUROR: Yes.
THE COURT: Okay. All right. Thank you, ma'am.
JUROR: Uh-huh.
THE COURT: Juror No. 41?
JUROR: Yes.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: What's the travel, ma'am?
JUROR: Where am I traveling?
THE COURT: Yes.
JUROR: I'm going to the Caribbean.
THE COURT: Okay. Is it business or pleasure?
JUROR: It is pleasure.
THE COURT: Okay. And when do you leave?
JUROR: The 21st.
THE COURT: Okay. Is it on a cruise or a flight?
JUROR: It is a cruise.
THE COURT: Good for you. That's awesome.
How long are you going for?
JUROR: For five days.
THE COURT: And I'm assuming those tickets have already been purchased?
JUROR: Already been purchased.
THE COURT: All right. Thank you very much.
Juror No. 42, good morning.
JUROR: Good morning.
THE COURT: Where are you going?
JUROR: I have a work trip on Thursday.
THE COURT: Okay. This Thursday?
JUROR: Yes.
THE COURT: Okay. And for how long?
JUROR: Just an overnight, so I'm back Friday.
THE COURT: To where?
JUROR: Atlanta.
THE COURT: Okay. All right. When do you leave and when do you return?
JUROR: I leave on Thursday, return on Friday.
THE COURT: What times, ma'am? I'm sorry.
JUROR: Oh. Leave Thursday at 9 a.m. Return Friday around noon.
THE COURT: Okay. All right. Thank you, ma'am. Appreciate that.
Juror No. 43, yes, ma'am?
JUROR: Good morning. I'm traveling on a cruise.
THE COURT: You're going where?
JUROR: On a cruise.
THE COURT: When do you leave?
JUROR: Friday, the 25th.
THE COURT: Okay. And how long are you gone for?
JUROR: 'Til the lst.
THE COURT: And I'm assuming you've already purchased those tickets?
JUROR: Since January.
THE COURT: I got you. All right. Thank you.
Anyone else over here on my left, concerns -- travel, any preplanned travel? All right. Thank you very much.
Moving over here to my right, Juror No. 10, yes, sir? Good morning.
JUROR: Good morning.
THE COURT: Where are you off to?
JUROR: I'm on a cruise also.
THE COURT: It is the cruising season, apparently. When do you leave, sir?
JUROR: Next Friday.
THE COURT: So 25th?
JUROR: Yes.
THE COURT: And how long are you gone for?
JUROR: Just for the weekend. I'1l be back on Monday.
THE COURT: Okay. All right. And I'm assuming those have already been purchased?
JUROR: Yes.
THE COURT: All right. Thank you, sir.
Juror No. 12, you told me you had two trips.
JUROR: Yes.
THE COURT: When are each of them?
JUROR: The first one is the 24th through the 27th and then the next one starts on the 30th, and I don't remember when I come back. It's, like, middle -- a week and a half, I think.
THE COURT: The trip leaving on the 30th is for a week and a half?
JUROR: Yes.
THE COURT: Okay. All right. Thank you, sir.
JUROR: I have to double-check the schedule.
THE COURT: Okay. Thank you.
Juror No. 14, you said that you had travel as well, sir?
JUROR: Yes, sir. A business trip on Friday to Miami. Leave Friday morning, come back about Monday morning.
THE COURT: Okay. All right. Thank you, sir.
Juror No. 25, yes, ma'am?
JUROR: Good morning. I have a scheduled cruise for the 19th through the 27th.
THE COURT: Good for you. Lots of cruises. I like it. Enjoy.
Juror No. 38, yes, sir?
JUROR: Miami area for work next week from Tuesday to Friday.
THE COURT: All right. Thank you.
Juror No. 49, yes, sir?
JUROR: I wish my reason was as pleasurable as others, but I'll be heading to Jacksonville for a funeral. My wife's only remaining Sister died, so...
THE COURT: My condolences, sir. Thank you.
Not to be insensitive, when do you leave for that funeral?
JUROR: Be leaving Thursday morning. Returning probably Monday.
THE COURT: All right. Thank you, sir. Appreciate that.
Juror No. 50, yes, sir?
JUROR: I'm visiting Fort Lauderdale October 25th.
THE COURT: For how long?
JUROR: Through this Sunday, the 27th.
THE COURT: Okay. And when do you leave on Friday?
JUROR: Morning.
THE COURT: Okay. All right. Thank you, sir.
Anyone else, concerns over travel? Raise those paddles.
The Court sees no paddles.
I know that we talked with some of you-all about medical appointments that you have for your wives or grandparents. Are there anyone else who has scheduled medical appointments over the next couple of weeks that may conflict with our schedule, other than those that we've already discussed?
Okay. Raise those paddles high for me, if you could. All right. On my left, I have 15 -- Juror No. 2, medical appointment or no?
JUROR: Oh. I'm sorry.
THE COURT: That's all right.
15, 17, and 20. And on my right, 14 and 46.
All right. Juror No. 15, yes, ma'am?
JUROR: Yes. I was supposed to have a colonoscopy today, but I'm scheduled for an endoscopy on the 21st, and I also have other appointments I need to tend to.
THE COURT: Okay. All right. Thank you very much.
Juror No. 17?
JUROR: I have an appointment at 2:30 today.
THE COURT: All right. Is it a regularly scheduled appointment or is it something that you recently set?
JUROR: A few weeks ago.
THE COURT: All right. Thank you.
Juror No. 20?
JUROR: I have an MRI today at 2:00.
THE COURT: Okay. All right. Juror No. 14?
JUROR: I have one -- the first one is not a medical appointment, but it's an appointment for OCPS, a verification of address for my daughter. The storm pushed it back a week, so I'm trying to make sure she doesn't get kicked out of the school she's in. And IT have a VA appointment either Wednesday or Thursday. Two appointments this week, actually.
THE COURT: Of this week, sir?
JUROR: Yes, sir.
THE COURT: All right. Thank you. And they're either the 16th or the 17th?
JUROR: It's one of those days. I'd have to double-check the actual date.
THE COURT: All right. Thank you.
Juror No. 46, yes, ma'am?
JUROR: I have three coming up at the end of the month; gynecologist, heart tests, and endocrinology.
THE COURT: What was that last one?
JUROR: Endocrinology.
THE COURT: Okay. Thank you.
Next category is any medical issues that anyone may be having. Does anyone have any concerns about their hearing or their sight or any medication that impacts your ability to stay awake? If any of those things or medical conditions apply to you, please raise your paddles. I see 14 and 17.
Juror No. 17, yes, sir?
JUROR: I don't know if it's my blood pressure, but every time I get in elevator, I feel dizzy.
THE COURT: Okay. All right. Thank you, sir. Sometimes the elevators move pretty quickly. Same thing kind of happens to me sometimes too.
Juror No. 14?
JUROR: I currently take muscle relaxers due to my back disability and my knees, because I'm a disabled veteran. So whenever I do have those issues, I have to take medication and it puts me to sleep.
THE COURT: Okay. Have you taken any of that today, sir?
JUROR: No. I'm running off of one hour of sleep. I literally got off of work at 6:00.
THE COURT: All right, sir. And when you take it, is it just as an-needed?
JUROR: It's, yes, as-needed.
JUROR: I'm currently on Ozempic for diabetes, and sometimes that gives me stomach issues whenever the first couple days and I could be indisposed for a couple hours.
THE COURT: Okay. All right. Thank you, ma'am.
Juror No. 28, yes, ma'am?
JUROR: I do have allergy-induced vertigo and I do have insulin resistance, so I do deal with nausea and dizziness regularly. And my medication is just allergy medication, so I don't have anything to really help it.
THE COURT: Okay. All right. Thank you. Thank you for letting us know that.
Anyone else, medical conditions or concerns?
20, yes, sir?
JUROR: I have not, like, been to the hospital for all 11 of them, but I've had 11 different Situations where I've had head injuries where I've blacked out.
THE COURT: Okay. You just randomly black out Or...
JUROR: Well, it was from the concussion. I'm a professional wakeboarder.
THE COURT: Okay. And what impact does it have today? Have you been able to understand everything that's been said so far?
JUROR: I mean, I don't know. Like, they've been happening since I was -- since, like, four years ago, so I haven't really been able to tell the difference from how my brain functioned when I was 15 "til now.
THE COURT: All right. Thank you, sir.
Those are the general categories of hardships. Now, I know a lot of you-all raised your hands and some of you I've heard from, some of you I may not have. Does anyone have any other concerns that you would like to address as to your ability to serve as a juror in this case? Go ahead and raise your paddles at this time.
All right. On my left, 16 -- I'm sorry, 1, 16, 19, and 29. And on my right, 11, 14, 22, 23, 26, 37, and 40.
All right. Starting here on my left, Juror No. 1, good morning. I don't think I've heard from you yet. What are the other concerns that you may have, ma'am?
JUROR: Well, my car actually has a transmission issue, so I won't be able to get here every day, so I've been having to catch rides with my family and friends.
THE COURT: Okay. All right. And when you say it's a transmission issue, what do you mean?
JUROR: Like, it doesn't drive. Like, it'll hard shift. Like, it won't move.
THE COURT: How did you get here this morning?
JUROR: My boyfriend.
THE COURT: Okay. All right. Thank you, ma'am.
Juror in Seat 16, yes, sir?
JUROR: I'11 be in -- I'll be having classes, like, all throughout the, like, court thing.
THE COURT: Are you a full-time student, sir?
JUROR: Yeah.
THE COURT: Okay. All right. Well, as a full-time student, sir, you do not need to be here. Where are you going to school?
JUROR: Orange Tech.
THE COURT: Okay. All right, sir.
Juror No. 19?
JUROR: I'm actually a teacher for Orange County Public Schools. Two of my students have special needs. One of them have 14 accommodations, and sometimes it's really hard to get a substitute teacher, so I'm really not going to be focused. I'm going to be worried about them.
THE COURT: Okay. All right. Thank you, ma'am. I appreciate that. My wife is a teacher too, so I understand. Thank you so much.
Juror No. 29, yes, ma'am?
JUROR: I'm also a full-time student.
THE COURT: All right. Thank you very much.
Where are you going to school?
JUROR: UCF.
THE COURT: All right. And how many credit hours are you taking?
JUROR: It's either 13 or 14.
THE COURT: How far along are you in school?
JUROR: I have a year left. I'm a junior.
THE COURT: All right. So what's your major?
JUROR: I'm a kinesiology major.
THE COURT: Okay. Cool. Well, enjoy. Best of luck to you.
Anyone else, other concerns here on my left?
Moving over to my right, starting with juror in Seat 11. Yes, ma'am?
JUROR: Yes. I'm concerned about the nursing policy.
THE COURT: The what policy?
JUROR: Nursing.
THE COURT: Yes, ma'am.
JUROR: For today. Do you provide a space?
THE COURT: There is space.
JUROR: Okay. Thank you.
THE COURT: Do you bring -- do you have your pumps or your materials with you?
JUROR: Yes.
THE COURT: Okay. Yes, ma'am. When you need to do that, we'll be taking a break in the next couple of minutes, and the deputy can show you where that space is.
JUROR: Okay.
THE COURT: Thank you, ma'am.
Juror in Seat 14?
JUROR: I don't feel, like -- I feel uneasy in a courtroom. I don't want to say the person's name because my family still deals with, like, sort of hardships and threats from the situation, but I have a family member who was in a well-known case over the past few years. Just last year, it -- the case was fully -- the verdict went through and stuff like that. So when it comes to, like, being in court, I feel very uneasy. I don't want to say the name out loud. And I can write it on a sheet of paper, it's perfectly fine, but I just don't want to say the name out loud and people know.
THE COURT: Okay. All right, sir. We may bring you in separately to address that, okay?
JUROR: Yes.
THE COURT: Thank you very much for letting us know.
Juror in Seat 22, yes, ma'am?
JUROR: Hello. I work as a physical therapist in a neurological -- with the neurological population, so right now my shift is barely covered. I don't think I could stay for three weeks consistently.
THE COURT: Okay. All right. Thank you, ma'am. Thank you very much.
Juror in Seat 23, yes, sir?
JUROR: I'm a full-time student as well.
THE COURT: Okay. Awesome. Where are you going to school?
JUROR: UCF.
THE COURT: How far along are you?
JUROR: I'm a second year.
THE COURT: So your sophomore year?
JUROR: Yes, sir.
THE COURT: All right. And how many credit hours are you taking?
JUROR: Fifteen this year.
THE COURT: Okay. All right, sir. Do you know what you want to do yet?
JUROR: No idea.
THE COURT: That's not a bad answer. Nothing wrong with that. Best of luck to you, sir. Thank you.
JUROR: Thank you.
THE COURT: Juror in Seat 26?
JUROR: Yes, sir. I work for Winnie Palmer Hospital. I work at the environmental services department and my job responsibility is I cover for everybody.
THE COURT: You what everybody?
JUROR: Cover for everybody.
THE COURT: Cover? Okay. Got you.
JUROR: Yeah. Like, I clean ORs. Like, my job this week has been doing NICU unit for the third floor.
THE COURT: Okay.
JUROR: But for me to take a vacation, I have to give a five-month notice. Well, my five-month notice was in June and my vacation starts tomorrow.
THE COURT: Got it.
JUROR: So they have to rearrange people's job positions to cover for me while I'm out.
THE COURT: And when are you set to leave for vacation, sir?
JUROR: It starts tomorrow.
THE COURT: Okay.
JUROR: So -- and it's for two weeks, so I have to be back to work the 29th.
THE COURT: All right. Thank you, sir.
JUROR: Yes, sir.
THE COURT: Appreciate you.
Juror in Seat 37, yes, ma'am?
JUROR: I'm a teacher for third grade. I have 41 third grade students. 14 -- or 16 of them require accommodations on a daily basis and 12 of them are ELA students who speak other languages. If I'm out for three weeks, they don't get those accommodations.
THE COURT: All right. Thank you, ma'am.
Orange County Public School or --
JUROR: Orange County Public Schools.
THE COURT: All right. Thank you.
And juror in Seat 40, yes, ma'am?
JUROR: My schedule is booked for the next six months and it's very hard to reschedule patients. And, also, it's hard to find coverage.
THE COURT: And forgive me, what is it again you do for a living?
JUROR: I'm a dental hygienist.
THE COURT: Oh, gotcha. Okay. That's right, I remember. Thank you, ma'am.
All right. Can the parties approach for a moment?
(At the bench.)
THE COURT: JI haven't had the opportunity to cross-reference the first group of people who said they had conflicts to everyone else. So based on the conflicts so far, I don't even know if I want to go into the information of everything else because we have so many people who can't serve. My druthers would be, excuse them for a few moments and we can all compare our lists and kind of go from there. Because we have so many people that aren't able to serve over the next couple weeks, I don't even want to go further into what the case is about because they're already not going to be able to be here.
Mr. Jay?
MR. JAY: That makes sense. We should excuse everybody with scheduling issues now so they're not answering questions they don't need to answer.
THE COURT: Yeah, I agree.
Mr. Owens or Mr. Henderson?
MR. HENDERSON: I agree, Judge.
THE COURT: All right. So here's what we're going to do. I'm going to excuse everybody, ask them not to discuss the case, there's still no case, and then we all can compare our notes and go from there, okay? All right. I appreciate you.
(In open court.)
THE COURT: All right. Members of our jury, it is 11:16 a.m. At this point in time we're going to go ahead and take our break. I've got some matters to address with counsel.
I'm going to give you an instruction. Please don't talk about this case. There's still no case. You don't even know what this case is about yet. I haven't read anything to you. You're just here answering the call, and I thank you again for doing that.
You can talk about anything you want; how lucky we got with the hurricane, how terrible Florida State football is, how bad the Gators are and they should have beat Tennessee this weekend, any of those things. But you just can't talk about this case, what you think it's about, the persons and places involved. You can talk about anything else but those things.
We'll bring you back in as promptly as possible, and I thank you again for your sacrifice and your service.
COURT STAFF: Leave your paddles on the chairs.
(Venire Panel 1 exits.)
THE COURT: You-all can be seated. Thank you very much.
Do we want to take a moment just to review some of our notes?
MR. OWENS: Does the client need to be here for that? She needs to use the restroom, and to my understanding, they've got to shackle her and take her downstairs.
THE COURT: All right. Then here's what we'll do. Let's just go ahead and take a recess at this time. Everybody can use the facilities. And then we'll just -- we'll come back at 11:30 and we can address any notes at that point in time. It's 11:18, okay?
Court will be in recess until 11:30. Thank you.
(Brief recess from 11:18 a.m. to 11:32 a.m.)
THE COURT: We are back on the record. 2020-CF-2603, State of Florida vs. Sarah Boone.
State, let me get your appearances.
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
THE COURT: Defense?
THE COURT: Sorry, Mr. Jay.
Defense?
MR. OWENS: James Owens.
MR. HENDERSON: Tony Henderson.
THE COURT: Okay. Ms. Boone is seated at counsels' table wearing the same clothing from this morning, black slacks and a blue blouse.
All right. Gentlemen, let's address where we are. So far in jury selection, we had lots of persons who may not be able to serve. State, do you just want to go through, starting at the beginning?
THE COURT: Okay. All right. Starting in juror in Seat No. 1, this is the one who had transportation issues, strike for cause?
THE COURT: That's fine, yes, sir. I appreciate you.
THE COURT: Defense, Mr. Henderson?
MR. HENDERSON: Yes, I agree.
THE COURT: All right. Juror in Seat 1, wearing Badge 665, will be stricken for cause by way of stipulation.
Going to juror in Seat No. 2, State?
THE COURT: Defense?
MR. HENDERSON: Agree.
THE COURT: All right. Juror in Seat 2, wearing Badge 919, will be stricken for cause by way of stipulation.
Juror in Seat 3?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 3, wearing Badge 362, will be stricken for cause by way of stipulation.
I don't believe I have any notes for 4. I do not.
Moving to juror in Seat 5.
MR. JAY: Judge, that juror indicated that they would have phone calls. I have a question mark left; that there was something they may want to clear up about the trip to Nicaragua and clearing up some things.
THE COURT: That was in -- juror in Seat No. 5, correct?
THE COURT: Do you want to come back to him?
THE COURT: Okay. All right. We'll circle back on juror in Seat 5.
MR. HENDERSON: Excuse me, Judge?
THE COURT: Yes, sir.
MR. HENDERSON: Can I move on Juror No. 5 at this point? Because I believe he also said, when asked, his mind would be on Nicaragua.
THE COURT: He did say that.
Mr. Jay?
THE COURT: Okay. All right. So juror in Seat 5, wearing Badge 32, will be stricken for cause by way of stipulation.
COURT CLERK: What happened with No. 4?
THE COURT: I have no notes, so Juror No. 4 is still in the mix.
COURT CLERK: Thank you.
THE COURT: Moving to juror in Seat -- I don't have any notes for 6. I do have 6 and 7. Moving to 6.
THE COURT: Defense?
MR. HENDERSON: Agree.
THE COURT: All right. Juror in Seat 6, wearing Badge 939, will be stricken for cause by way of stipulation.
7?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 7, wearing Badge 257, will be stricken for cause by way of stipulation.
8?
THE COURT: I don't have any notes about 8.
MR. HENDERSON: No notes.
THE COURT: Okay. Thank you. All right. 8 will remain part of our panel.
Moving to juror in Seat 9.
MR. HENDERSON: No notes.
THE COURT: I have no notes as well.
Moving to juror in Seat 10.
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 10, wearing Badge 374, will be stricken for cause by way of stipulation.
11?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 11 will be stricken for cause by way of stipulation, wearing Badge 345.
12?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 12 will be stricken for cause by way of stipulation. Juror in Seat 12 is wearing Badge 95.
13?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 13, wearing Badge 524, will be stricken for cause by way of stipulation.
Juror in Seat 14?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 14, wearing Badge 738, will be stricken for cause by way of stipulation.
Seat 15?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 15 will be stricken for cause by way of stipulation. Juror in Seat 15 is wearing Badge 265.
Moving to 16.
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 16, a full-time student, will be stricken for cause by way of stipulation. Juror 16 is wearing Badge 4214.
17?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 17, wearing Badge 596, will be stricken for cause by way of stipulation.
18?
MR. JAY: Judge, I had a question mark. He was going to follow up -- or he or she was going to follow up about the grandmother's doctor appointments to see if coverage was available.
MR. HENDERSON: I agree with that, Judge.
THE COURT: Okay. All right. We'll keep juror in Seat 18 on the panel for now.
Moving to 19.
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 19, wearing Badge 73, will be stricken for cause by way of stipulation.
20?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 20, wearing Badge 3 -- I'm sorry, 139, will be stricken for cause by way of stipulation.
21?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 21, wearing Badge 606, will be stricken for cause by way of stipulation.
22?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 22, wearing Badge 292, will be stricken for cause by way of stipulation.
23?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 23, wearing Badge 16/7, will be stricken for cause by way of stipulation.
24?
MR. HENDERSON: No notes.
THE COURT: 24 will remain part of our panel for now.
Moving to Seat 25.
MR. HENDERSON: Agree.
THE COURT: All right. Juror in Seat 25, wearing Badge 838, will be stricken for cause by way of stipulation.
26?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 26 will be stricken for cause by way of stipulation. Juror 26 was wearing Badge 277.
27?
MR. HENDERSON: No notes.
THE COURT: The Court also has no notes regarding Juror [sic] No. 27. They will remain in play for now.
Juror No. 28?
MR. HENDERSON: Judge?
THE COURT: Yes, sir.
MR. HENDERSON: Excuse me, can we go back to Juror No. 27?
THE COURT: Yes, sir.
MR. HENDERSON: I think Juror No. 27 is one that we have to do further inquiry, because we didn't talk about how she knew the defendant.
THE COURT: I agree with you, correct. She's not being stricken at this point in time. Juror No. 27 is still in play.
Moving to juror in Seat 28.
MR. JAY: That juror raised issues about allergies and diabetes and, perhaps, medication affecting her state of mind. State is not moving at this point, but I just want to make sure we were all on the same page.
THE COURT: That's my notes as well.
Mr. Henderson?
MR. HENDERSON: I have the same notes.
THE COURT: Okay. All right. Juror No. 28 will remain in play for now.
Juror in Seat 29?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 29, wearing Badge 683, will be stricken for cause by way of stipulation.
Moving to juror in Seat 30.
MR. HENDERSON: No notes.
THE COURT: All right. Juror No. 30 will remain in play for now.
31?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 31 will be stricken for cause by way of stipulation. Juror in Seat 31 is wearing Badge 44.
32?
MR. HENDERSON: Agree.
THE COURT: With regard to 32, 33, 34, and 35, defense?
MR. HENDERSON: Agree.
THE COURT: Okay. All right. 32, 33, 34, and 35 will remain in the fold.
36?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 36, wearing Badge 790, will be stricken for cause by way of stipulation.
Juror in Seat 37?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 37 will be stricken for cause by way of stipulation. Juror in Seat 37 was wearing Badge 402.
38?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 38, wearing Badge 819, will be stricken for cause by way of stipulation.
39?
MR. HENDERSON: No notes.
THE COURT: Juror No. 38 [sic] will remain --
MR. HENDERSON: Agree.
THE COURT: All right. Juror in Seat 40, wearing Badge 898, will be stricken for cause by way of stipulation.
41?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 41, wearing Badge 587, will be stricken for cause by way of stipulation.
42?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 42, wearing Badge 605, will be stricken for cause by way of stipulation.
43?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 43, wearing Badge 474, will be stricken for cause by way of stipulation.
44?
MR. HENDERSON: No notes.
THE COURT: Agree. All right. Juror in Seat 44 will remain.
45?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 45, wearing Badge 842, will be stricken for cause by way of stipulation.
46?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 46, wearing Badge 739, will be stricken for cause by way of stipulation.
47?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 47, wearing Badge 687, will be stricken for cause by way of stipulation.
48?
MR. HENDERSON: No notes.
THE COURT: All right. 48 will remain in the fold.
49?
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 49 will be stricken for cause by way of stipulation. That's juror wearing 854.
And moving to juror in Seat 50.
MR. HENDERSON: Agree.
THE COURT: Juror in Seat 50, wearing Badge 173 [sic], will be stricken for cause by way of stipulation.
Just to confirm, our remaining panel left to right is 4, 8, 9, 18, 24, 27, 28, 30, 32, 33, 34, 35, 39, 44, and 48. Is that correct, State?
THE COURT: Defense, is that correct?
MR. HENDERSON: Judge, you went too fast for me.
THE COURT: I can start over, sir. 4, 8, 9, 18, 24, 27, 28, 30, 32, 33, 34, 35, 39, 44, 48.
MR. HENDERSON: Agree.
THE COURT: Okay. All right. I'm going to ask, any reason we should not bring in the remaining balance of our panel at this time?
THE COURT: Defense?
MR. HENDERSON: No, Judge.
If I could just be sure on the procedure. The three people -- or four people who said that they knew Ms. Boone, are we going to call them up to -- I only think one remains.
THE COURT: 38 was previously struck. The three persons who said they recognized Ms. Boone were 27, 35, and 38. 35 -- 38, excuse me, has already been struck for cause. 35 remains and 27 remains. At this point in time, I'm going to be getting into the Information, addressing knowledge about those things that we addressed earlier this morning, and then, as necessary, we can address individuals at that point in time.
MR. HENDERSON: Okay.
THE COURT: Madam Clerk has advised that there is another panel of 50 that has been reserved for us for this afternoon.
MR. HENDERSON: Yeah.
THE COURT: Okay. All right. Thank you.
State, anything else we need to address before we bring in the balance of our panel?
THE COURT: Defense, anything else we need to address?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. Let's go ahead and stand and bring in the remaining portion of our panel.
COURT STAFF: Judge, the remaining people are going down to --
THE COURT: Everybody else can be dismissed to be released -- or go back to the first floor.
COURT STAFF: All right.
THE COURT: Thank you, sir.
(Above-mentioned venirepersons entered.)
THE COURT: Okay. Thank you-all very much. You may be seated.
State, do you recognize our panel?
MR. CACCIATORE: Yes, Your Honor.
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Your Honor.
THE COURT: Thank you very much.
All right. Members of the jury, thank you again so much. I just want to confirm, if you could by showing your paddles, that you complied with the Court's instructions not to have any communication about this case, the persons, places involved, you had no discussions among yourselves or anyone else. If you could just raise your paddles to confirm you complied with the Court's directive.
And the record will reflect all paddles have been raised.
All right. Thank you very much.
I want to talk a little bit more about why we're here today. As I said earlier, this is a criminal case, and in every criminal case, the State of Florida files a document called an Information. This document merely informs us of what the charge is that the defendant is facing in this case and that the State will have the burden of proving beyond and to the exclusion of each and every reasonable doubt during trial. This document is not evidence. It should be given no weight whatsoever. It is not evidence of guilt and should not be considered as such.
The Information filed in this case reads as follows: Aramis D. Ayala, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Orange County, or Aramis D. Ayala, State Attorney of the Ninth Judicial Circuit prosecuting for the State of Florida in Orange County, by and through the undersigned Designated Assistant State Attorney, under oath, charges that Sarah Boone, on or about the 23rd day of February, 2020, in said county and state, did, in violation of Florida Statute 782.04(2), by an act imminently dangerous to another, and evidencing [sic] a depraved mind, regardless of human life, did kill Jorge Torres.
Members of the jury, the charge in this case is murder. It is not a death penalty case. Raise your paddles if anyone knows anything about this case or the persons and places involved.
Juror No. 35 and 27. You've raised your hands previously. Thank you so much.
Anyone else?
All right. Record will reflect no paddles have been raised.
Has anyone seen a video of a man in a suitcase? If you have, please raise your paddles.
Juror 35 and 33.
Has anyone commented on any social media platform or chat room about a video of a man in a suitcase?
The record will reflect no paddles.
Has anyone ever seen a video of Ms. Boone being interrogated by police?
27, is that a yes or a no? You're kind of halfsies on me.
JUROR: (Indicating.)
THE COURT: Okay. All right. 27 and 35. Thank you.
Has anyone ever commented on a social media platform or chat room about a video of Ms. Boone being interrogated by police?
The Court sees no paddles.
Has anyone seen any body-worn camera videos in which Ms. Boone is speaking to police?
Juror No. 35. Thank you.
Has anyone commented on any social media platform or chat room about any body-worn camera videos in which Ms. Boone is speaking to police?
The Court sees no paddles.
Has anyone posted or commented on any social media platform or chat room about Ms. Boone?
The Court sees no paddles.
Has anyone read any posts or comments on any social media platform or chat room about Ms. Boone?
Jurors No. 27 and 35 have raised their paddles.
Has anyone learned anything about this case prior to today?
Jurors in Seat 33 and 35 have raised their paddles.
After hearing the charge in this case, not knowing anything else or any other details or facts, do you have such strong feelings that you could not be a fair and impartial juror? If you have those beliefs, please raise your paddles at this time.
All right. I have 28, 33, and 35.
Can the parties approach?
(At the bench.)
THE COURT: Is Mr. Henderson going to be joining us?
MR. OWENS: (Indicating.)
THE COURT: All right. Gentlemen, I have two more questions to ask pertaining to any religious beliefs or morality issues about being able to serve and any physical issues anyone may be having. At that point in time, I intend on removing everyone and bringing them in one at a time to address these persons who raised their hands with any knowledge. State?
MR. JAY: 28, 33, and 35 have already indicated that they have strong opinions, so I don't have a problem with cause.
THE COURT: No. 27 and 35 had previously. 28 was the feeling of it.
THE COURT: Correct.
THE COURT: Okay. So is that acceptable to everybody?
MR. OWENS: (Nods head.)
THE COURT: All right. Thank you-all very much.
MR. HENDERSON: Judge?
THE COURT: Yes, sir.
MR. HENDERSON: Could I ask for just two more questions as to the social media stuff? The Court covered it, but there's two other areas. Either liked a comment or shared a comment.
THE COURT: I think that's -- all right. Fine. State?
THE COURT: Okay. Sure. I can do that. Thank you.