4.Panel 2 Voir Dire — Familiarity, Service Conflicts, and Financial Hardship
462 linesTHE COURT: Thank you.
Ms. Boone is seated at counsel's table wearing the same blue blouse and black slacks from this morning. She is out of custody -- or she is in custody and not in any restraints.
We've got another 50 this afternoon to work our way through.
State, anything we need to address before we bring in our panel?
THE COURT: Defense?
MR. OWENS: No, Your Honor.
THE COURT: All right. Let's go ahead and stand and bring in our panel.
(Venire Panel 2 entered.)
COURT STAFF: All jurors are present.
THE COURT: You-all can be seated. Thank you.
COURT CLERK: Good morning, Jurors. Could you raise your right hands to be sworn, please.
(Venire Panel 2 sworn at 2:12 p.m.)
JUROR: I do.
COURT CLERK: Thank you.
THE COURT: Members of our panel, thank you so much. You can now be seated.
Good afternoon, everyone. Welcome to Courtroom 12 alpha of the Orange County Courthouse in the Circuit Court Criminal Division. My name is Judge Michael Kraynick and I will be the presiding judge in the case of the State of Florida vs. Sarah Boone.
Before we get started, I wanted to take a moment and introduce to you everyone that's in the courtroom here today.
To my right, your left, is Madam Clerk, Mary McCree. Her job is to assist me throughout the trial and handle all the evidence that's presented and accepted during the trial. In order to do her job, she may be handing me notes, she may be typing on the computer, she may be printing documents from a printer, and she may be answering the telephone. She's doing all of these things to make sure that we have an orderly and efficient trial in this case.
You've already met some of the other persons here in the courtroom today, and those are my courtroom deputies. This afternoon we have Deputy Bruce, Deputy Borda, Deputy Jones, and Deputy Canada. They are my eyes and ears here in the courtroom. If you have any concerns regarding your safety or have any questions you would like to bring to my attention, please speak to any of them and they will bring those things to me, and I will do my best to address your comments or your questions or your concerns.
State, if you could please introduce yourself to our panel.
MR. CACCIATORE: Dave Cacciatore, assistant state attorney.
THE COURT: And, defense, if you could please introduce yourself and your client to our panel.
MR. OWENS: Good afternoon. My name is James Owens, and this is my client, Sarah Boone.
MR. HENDERSON: Good afternoon. Tony Henderson, co-counsel.
MS. ANDREWS: Shelbie Andrews, jury selection and trial consultant.
THE COURT: Thank you. You-all can be seated.
Last, but not least, I want to introduce the hardest working person in the courtroom here today. No, it's not the lawyers. And I promise you, they will have worked very hard. It's not the Court. I promise you, the Court's going to be working very hard. It's that lovely woman seated front and center, Ms. June Bufford, Madam Court Reporter. Her job is to write down every single word that every single person says. And I've got a terrible habit of speaking really, really fast. I've got a note in front of me that says "slow down." And I do my best to try to slow down so that she gets everything that is said.
Now, sometimes when we're speaking to our friends and family, we'll say uh-huh or huh-uh, or nod our head yes or no, or say sure, when we mean no or okay when we mean yes. I'm going to ask you to do your best not to do those things. And it's important that we not do those things so that we have a clear record on what everybody has said during today's proceedings.
So myself or Madam Court Reporter may ask you to clarify; was that a yes or was that a no. We're not doing that to embarrass you or make you uncomfortable or call you out, we're just doing it to make sure we have a clear record of everything that's being said.
Is everybody on board to try to do their best to avoid those things? Raise your paddles if you're on board with that. The record will reflect that all paddles have been raised.
If we can do those things, it's going to make Madam Court Reporter's job just a little bit easier.
Members of our jury, if you could raise your paddles if you recognize the names of any persons that have been introduced so far.
Okay. I see Jurors 2, 25, and 35.
Juror in Seat 2, who might you recognize?
JUROR: The defendant.
THE COURT: Okay. Juror in Seat 25, who might you recognize?
JUROR: Ms. Boone.
THE COURT: Juror in Seat 35, who might you recognize?
JUROR: Ms. Boone also.
THE COURT: Thank you very much. We'll have some follow-up questions with you-all in just a little bit regarding that.
Anyone else recognize any of the names that have been identified so far? Juror No. 14?
JUROR: Ms. Boone.
THE COURT: Okay. Thank you.
Anyone else? Court sees no paddles.
State, if you could please read your list of persons you may call as witnesses in this case.
MR. CACCIATORE: Potential witnesses in this case for the State of Florida: Jennifer Albrecht of the Orange County Sheriff's Office. John Alden of the Orange County Sheriff's Office. Vincent Battaglia of Bloomfield, New Jersey. Carolina Benito of the Florida Department of Law Enforcement. Brian Boone of Gainesville, Florida. Jeffrey Brown of the Orange County Sheriff's Office. Kenneth Davis of the Orange County Sheriff's Office. Lisa DeLeon of the Orange County Sheriff's Office. Rachell Fenner, formerly of the Orange County Sheriff's office. Natosha Fisher of the Orange County Department of Corrections. Lanya Herr of the Orange County Sheriff's Office. Devin Jamro of Orlando, Florida. Chelsey Koepsell of the Orange County Sheriff's Office. Vincent Lebron of the Orange County Sheriff's Office. Santeal Leroy, formerly of the Orange County Sheriff's Office. Scott Lowen of the Orange County Sheriff's Office. John Martinez of the Orange County Sheriff's Office. Meredith McCaskell of the Florida Department of Law Enforcement. Brandon Moats of Winter Park, Florida. Abraham Moreno of Oviedo, Florida. Joseph O'Neil of the Orange County Sheriff's Office. Daniel Pekoske, formerly of the Orange County Sheriff's Office. Jessica Ramirez Delgado of the Orange County Sheriff's Office. Shanice Robertson, formerly of the Orange County Sheriff's Office. Kayla Rodriguez of the Orange County Sheriff's Office. Melissa Roughgarden of the Orange County Sheriff's Office. Melissa Sexton of Altamonte Springs, Florida. Victoria Shelton, formerly of the Orange County Sheriff's Office. Patrick Strong of the Orange County Sheriff's Office. Nathaniel Taylor of the Orange County Sheriff's Office. Juan Torres of Orlando, Florida. Junella Uadan of the Orange County Sheriff's Office. Douglas Vest, formerly of the Orange County Sheriff's Office. Stephanie Viera of the Orange County Firearm Department. Dr. Tonia Werner of Gainesville, Florida. Joan Williams of the Orange County Sheriff's Office. Matthew Williams of the Orange County Sheriff's Office. Kelly Wood of the Orange County Sheriff's Office. Anthony Zito, formerly of the Orange County Sheriff's Office. And Dr. Sarah Zydowicz of the District 9 Medical Examiner's Office.
THE COURT: Raise your paddles if you recognize the names of any of the potential witnesses that will be called by the State. Court sees no paddles.
Defense, could you read your list of witnesses that you may call in this case, if you put on a case.
MR. OWENS: Some of these names are the same. The first 20 will be the Sheriff's Department of Orange County: Chelsey Koepsell, Scott Lowen, Lisa DeLeon, Melissa Roughgarden, Nathaniel Taylor, John Martinez, Kelly Wood, Jessica Ramirez Delgado, Anthony Zito, Patrick Strong, Junella Uadan, John Alden, Kenneth Davis, Joseph O'Neil, Joan Williams, Mattie Lopez, Kayla Rodriguez, Kenneth Dale, Vincent Lebron, Matthew Williams. And the two from the FDLE, Florida Department of Law Enforcement, Carolina Benito, Meredith McCaskill. The Medical Examiner, Dr. Sarah Zydowicz. And then Dr. Julie Harper, Dr. Michael Brandon, Dr. Tonia Werner, Stephanie Viera from the Orange County Fire Department, Brian Boone, Vincent Battaglia, Brandon Moats, Juan Torres, Abraham Moreno, Melissa Sexton, Maria Fernanda Galipoli, Phil Paulson, Tyler Paulson, Devin Jamro, Shanice Robinson, Rachel Fenner, Victoria Shelton, Gene Harris, Marcus Bullock, Janice Burns, Dan Burns, Pearl Walker, Debra Johnson.
And then several custodians of records, some from the hospitals: Advent Health of Winter Park, Advent Health of Orlando Rollins, Advent Health of Altamonte, Aspire Health.
And some custodian of records from the Orange County Sheriff's Department, the Orange County Jail, the Clerk of Court, the Clerk of Court Family Law Division. Thank you.
THE COURT: Raise your paddles if you recognize the names of any of the potential defense witnesses.
Juror No. 3, yes, ma'am?
JUROR: Debra Johnson.
THE COURT: Okay. And what -- who is the Debra Johnson you may know?
JUROR: She's an attorney.
THE COURT: Okay. Can the parties approach for a moment?
(At the bench.)
THE COURT: Johnson is a pretty common last name. I know there's a family law attorney in town by the name of Debra Johnson. Is that one and the same?
MR. OWENS: I don't believe so.
THE COURT: Okay. Thank you. Do you want to clarify that for me, that the Debra Johnson you intend on calling is not an attorney? Thank you, sir.
(In open court.)
MR. OWENS: Yes, ma'am. The Debra Johnson we intend to call is not an attorney.
THE COURT: That's a pretty common last name. Does that -- with that understanding, ma'am, is there anyone else that you recognize?
JUROR: No.
THE COURT: Thank you very much.
Next, members of our panel, take a look around yourselves, right, left, front, center. Is there anyone near you or around you that you recognize? If you do, go ahead and raise your paddles at this time. Court sees no paddles.
You've been brought in this afternoon as a jury panel for a criminal case. And I don't know if you've been in another courtroom this morning, so I still have some of the same rules and conflicts and hardships to go over with each and every one of you. This part of the trial is called jury selection. The purpose is to pick a fair and impartial jury for both the State and the defense. This is kind of the interactive part of our program today.
So, I'll be asking some questions, and the State and the defense may also be asking you some questions. You may have certain beliefs or think certain things. I'm not asking you to change your beliefs. I'm not asking you to change what you think. But all I'm asking of you is to answer our questions completely, truthfully, and honestly. That's the way we can determine to get a fair and impartial jury for both the State and the defense.
Is everybody on board with that? If you are, go ahead and raise your paddles at this time. Record will reflect all paddles have been raised. Thank you.
So, getting into that interactive portion of jury selection, I've got a question for the group. I'll preface this with there are no wrong answers. The question is: What's a person's biggest fear? If no one wants to answer, I'm going to pick on people.
Juror No. 34?
JUROR: Falling.
THE COURT: Okay. Falling or failing?
JUROR: Falling.
THE COURT: Okay. Okay. Fair enough.
36?
JUROR: War.
THE COURT: That's a problem, definitely.
Juror No. 10?
JUROR: Death.
THE COURT: That's frightening, I agree.
Who else over here on my left? I saw a couple.
Is that Juror No. 20? Anybody?
Juror 18, yes, sir?
JUROR: The dark.
THE COURT: Okay. Yeah.
23?
JUROR: Disappointment.
THE COURT: 29?
JUROR: Not being able to support my family.
THE COURT: That's a big one.
22?
JUROR: Drowning.
THE COURT: 21?
JUROR: Being abandoned.
THE COURT: These are all great answers. Really good answers.
This one we're all doing right now. You may not even be thinking about it.
37?
JUROR: Going to jail.
THE COURT: That's also frightening.
21?
JUROR: Public speaking.
THE COURT: Nailed it. I knew we'd get there. Surveys show us that actually speaking in public is more frightening than death and taking the next great adventure to wherever it takes us.
And the reason I'm telling you all that is to go back to those beliefs and things that you may think. I'm not asking you to change those, but we're going to ask you some questions about what you think and what you know and maybe how you feel about certain things. Like I said, I don't want you to change those feelings or those beliefs. You're entitled to them. You can have them. What we want to know is whether or not you can set those things aside and fairly and impartially weigh the evidence in this case or not. That's all.
Now, before we begin with asking you questions, I have an instruction from the Florida Supreme Court that I have 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, emailing, 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're 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 these rules. Record will reflect that all paddles have been raised.
First, I'm going to make sure that each and every one of you are eligible to serve as a juror in this case.
Raise your paddles, as you sit here today, if you are not an Orange County resident. If that applies to you, raise your paddle. 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, raise your paddles. Court sees no paddles.
Raise your paddle if you speak little to no English or have concerns about your ability to read and understand English. Jurors 12 and 38.
Juror No. 12, do you understand English, ma'am?
JUROR: Sorry. I don't understand English much.
THE COURT: Okay. On a scale of one to ten, how well would you say you understand English?
JUROR: I can -- I can understand, like, you tell me something at work or go to supermarket and something easy. So I know a little. And more I don't know law. I don't know. I go to -- go to school, so I learned English when I come and I go to work. I learn with the people, talk together, so that's why I don't know much.
THE COURT: What language do you speak at work?
JUROR: Vietnamese.
THE COURT: What do you do for a living?
JUROR: I do nail tech. I'm a nail technician. I do nails.
THE COURT: All right. Thank you, ma'am. We may have some follow-up questions with you ina little bit. Thank you.
And Juror No. 38, I believe.
JUROR: Uh-huh.
THE COURT: Can you understand English?
JUROR: Yes.
THE COURT: What do you do for a living?
JUROR: Uh?
THE COURT: What do you do for work? What do you do for a living?
JUROR: I work Metrowest Yard.
THE COURT: Okay. And when you're at work, what language do you speak in?
JUROR: Usually half Spanish and half English.
THE COURT: And when you're at home, what language do you speak in?
JUROR: Uh?
THE COURT: When you're at home, what language do you speak in?
JUROR: Now, I really not speaking -- when my kids live with me, Portuguese.
THE COURT: All right. On a scale of one to ten, how well would you say that you can read and understand English?
JUROR: Reading, not understanding, 50 percent.
THE COURT: Okay. Thank you, ma'am. We may have some follow-up questions for you ina little bit.
Anyone else concerns over reading or understanding English? Raise your paddles. Court sees no paddles.
I want to take another moment and thank you for your service. I know you probably got that letter in the mail that said you need to report here on the 14th for jury service, and we came out of a hurricane, and it's a busy time for everybody. But in all seriousness, I want to thank you for answering the call and coming this morning. I already know it's been a long day for all of you.
Our 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 1774, Founding Father John Adams said, Representative government and jury trials 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 preserves the right to jury trials in all criminal cases. Our judicial system rests on this bedrock principle. And without your sacrifice, the wheels of justice would simply come to a screeching halt.
So, on behalf of myself, court staff, the State, the defense, and Ms. Boone, I thank you for answering the call to serve today.
I want to lay out the schedule for you for this trial. We anticipate this trial taking up to three weeks, ending no later than Friday, November the lst. I know that's a long time and it's a large sacrifice for you.
Today's a little bit different because it's jury selection. We already picked some persons this morning. You're actually the second panel of 50 that we've had the opportunity to speak to. Today's different because it's jury selection day.
But on a typical day, we start at 9:00 o'clock in the morning and we end at 5:00. We also have an hour and a half lunch break, starting at 12:00, coming back at 1:30. We'll have a morning break and an afternoon break. Those are what I like to call our regularly scheduled breaks.
Now, there may be moments where I need to speak with counsel outside of your presence. 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 I can promise you is that we will work as quickly and as efficiently as possible not to waste any of your time when those unscheduled breaks take place.
The only other day that would be different, other than 9:00 a.m. start and 5:00 p.m. finish, would be the day of deliberation. That's after the State has presented their case, after the defense has presented a case, if they choose to do so, and after the State has presented any rebuttal case, if they choose to do so. The Court will then instruct you on the law that you are to apply in this case. Both the State and the defense will provide their closing arguments. Then you'll be discharged to deliberate.
I cannot put a cap or a minimum on the amount of time for your deliberations. I cannot tell you, you have ten minutes, I cannot tell you, you have ten hours. It will be up to you to wade through the facts, the testimony, and the evidence, and apply the law that I gave you.
What I can tell you is that we're not allowed to work later than 9:00 p.m. when you are in deliberation. If you're unable to come to a conclusion by 9:00, we'll have to report back the next day at 9:00 a.m. If it's over a weekend, we'll be back that Monday at 9:00 a.m.
So, by telling you the trial would be starting today, going until no later than November the lst, it may end before that, but I want to give you the worst case scenario of how long we may be here. Understanding that schedule for the next three weeks, does anyone have any concerns or conflicts with that schedule? If you do, raise your paddles at this time.
I'm going to start over here on my left and go row by row. So, go ahead.
Please keep your paddles high in the air for me: 1, 2, 4, 5, and 7 on the first row. Thank you.
Going to the next row: 15, 16, 17, 18, 19, 20, and 21.
Third row, raise those paddles high for me if you could, please. Thank you: 31, 32, and 33.
And for my back row: 41, 42, 43, 44, and 45.
Moving to my right: 8, 10, 11, 13, and 14. Thank you.
Second row: 22, 23, 24, 25, 26, 27, and 28. Thank you.
Third row: 35, 37, 39, and 40.
And last row: 46, 47, 48, and 49. All right. Thank you-all very much. I'm going to go through some basic categories of hardships in this case. At the end, I have the all-encompassing other. If any of the categories don't fit, please let me know in the other category. If there are multiple categories that apply to you, please raise your paddle for each one, okay?
The first hardship that I need to talk about is a financial hardship. What that means is your employer does not pay for your jury service, and that without being paid, you would not be able to meet your ordinary household bills. If that applies to you, please raise your paddle at this time.
All right. Starting over here on my left: 5, 7, 15, and 45.
On my right --
MR. OWENS: Judge.
THE COURT: Yes? Oh, 4. Thank you, sir. I didn't see you.
4, 5, 7, 15 -- let me go over here on my left make sure I didn't miss anybody. Hold those paddles up high: 4, 5, 7, 14 and -- 15 and 45. Thank you very much.
Over here to my right I saw 13. There you are. Thank you, sir.
22, 24, 26, and 40.
Juror in Seat No. 4, afternoon, sir. What do you do for a living?
JUROR: I'm self-employed.
THE COURT: Okay. I'm assuming you can't pay yourself if you're here.
JUROR: No.
THE COURT: And if you're unable to work, sir, would you be able to meet your household expenses?
JUROR: I will have to dip into my Savings, but that's not what I want.
And, second, being here, for me, it's a burden because my wife has chronic asthma, meaning that I have to be, like, every other week take her at 1:00, 2:00, 3:00 o'clock in the morning to the hospital to get treatment. And being here and leaving her at my house, it is a complete burden to me and to her because I don't know what's going on with her. My telephone is off. I can recoup the money, but if she loses her life because it is an emergency for me to take her over to the hospital, you know, then what's going to happen. So that's it. For me, that's it. It's just a burden.
And, second, I know that jury duty is something that everybody should strive for and come over here, but when I get a summons and the summons tells me if I don't come over here, they're gonna put me in jail because whatever statute the Orange County has, to me, that's another -- another burden. Everything should be free. For me, to come over here and feel like, not under a hostage situation, you go to -- Mr. Marrero, you're gonna go to jail. The judge is gonna ask -- the Court is going to grab you to bring you over. This is not free. I mean, really. It's a burden to me.
THE COURT: It is a sacrifice --
JUROR: A sacrifice --
THE COURT: -- and, like I said, I appreciate you being here, sir. I also have a category about adult care. It seems like you may fit into that as well.
JUROR: Adult care.
THE COURT: And we may have some additional questions for you, sir. Thank you for letting me know all those things.
Juror in Seat 5, what do you do for a living, ma'am?
JUROR: I'm a retail employee, and I typically work overnights. So this started -- at 11:00 a.m. is where my sleep would start, on top of me not getting paid for my work.
THE COURT: Is your -- are your shifts always overnight?
JUROR: It fluctuates from either overnight from 12:00 a.m., or right about 4:00 p.m. to 12:00 a.m.
THE COURT: Okay. All right. Thank you. And would you be able to meet your household expenses if you were asked to serve as a juror in this case?
JUROR: No.
THE COURT: Okay. Thank you.
Juror in Seat 7, what do you do for a living?
JUROR: Yes. I'm a server.
THE COURT: Okay. And I'm assuming your employer does not pay for you, your jury service.
JUROR: Huh-uh.
THE COURT: Is that a no?
JUROR: No.
THE COURT: Okay. And without being paid for the next couple of weeks, would you be able to meet your household expenses?
JUROR: No.
THE COURT: Okay. Thank you.
Juror in Seat 15, afternoon, sir. What do you do for a living?
JUROR: I'm self-employed. I'm a handyman. And I live check by check.
THE COURT: All right. And if you're not working, you can't meet your bills?
JUROR: No.
THE COURT: Okay. All right. Thank you, sir.
Juror in Seat 45.
JUROR: I'm a retired person. I just don't work.
THE COURT: Okay.
JUROR: I must have misunderstood.
THE COURT: Okay. So you don't have any financial hardships --
JUROR: No.
THE COURT: -- if you were asked to serve as a juror in this case?
JUROR: Right, I don't.
THE COURT: Okay. Thank you, ma'am. Appreciate that.
Anyone else over here on my left, financial hardships? Court sees no paddles.
Moving over to my right, starting with Juror in Seat 13.
JUROR: I'm a medical assistant. My employer is not paying outside of my paid time off. There aren't enough hours my paid time off will cover if it were to go up to three weeks.
THE COURT: Okay. And if you were unable to work for those three weeks, sir, could you meet your household expenses?
JUROR: No.
THE COURT: All right. Thank you, sir.
Juror in Seat 22, what do you do for a living, ma'am?
JUROR: Administrative assistant.
THE COURT: And does your employer pay for your time to be here?
JUROR: Only for three days.
THE COURT: Only for three days. Okay. So if we were here for two weeks and those seven days that you were not paid for, would you be able to meet your household expenses?
JUROR: No.
THE COURT: Okay. Thank you, ma'am.
Juror in Seat 24?
JUROR: Oh, I'm sorry.
THE COURT: No worries.
JUROR: I'm self-employed.
THE COURT: Okay. What do you do for a living?
JUROR: I'm a realtor.
THE COURT: Okay. And if you were unable to serve as a realtor for yourself the next couple of weeks, would that impact your ability to meet your household expenses?
JUROR: Correct. I have transactions in place and I have customers waiting for me, so even being here today is a little difficult.
I wanted to add, also, I believe I recognize the defendant.
THE COURT: Okay. All right. We may have some follow-up with you on that ina bit as well. Thank you, ma'am.
Juror in Seat 26?
JUROR: Currently, unemployed in med school. I'm in the final phase, which is the on-the-job training portion. I already missed today. If I miss another day or more, I would have to retake the course, which will be six months down the line, and I'm living off savings right now.
THE COURT: Are you in full-time school?
JUROR: Full-time school.
THE COURT: Okay. Right on. Okay. Thank you, Sir.
Juror in Seat 40 -- I see you, 12. I'll come back to you.
Yes, ma'am.
JUROR: I'm a private school teacher.
THE COURT: Okay. I'm assuming the school does not pay for your time to be here?
JUROR: No.
THE COURT: And if you were unable to work for the next couple of weeks because you had to be here, would that impact your ability to meet your household expenses?
JUROR: Yes.
THE COURT: Okay. Thank you.
Juror in Seat 12, yes, ma'am.
JUROR: When you asked the question, I don't understand. I hear people say if I come here, they get no pay, so I don't get no pay because I do for nail, but I do sale, self-employed, so I don't have -- the nail salon don't pay for me.
THE COURT: Okay. Can the parties approach for a moment?
(At the bench.)
THE COURT: Do we want to go ahead and dismiss her now for cause? Because I have concerns on her ability to understand what's happening.
THE COURT: 38. Sure. Do you want me to go ahead -- I'm assuming -- what's your position, sir?
MR. HENDERSON: I agree, Judge.
THE COURT: Do you want me to go ahead and dismiss them now, for both of them?
MR. HENDERSON: Yeah.
THE COURT: All right. Yes, sir?
MR. HENDERSON: I have concerns, too, about the other gentleman who expressed his wife --
THE COURT: No. 4?
MR. HENDERSON: Yes.
THE COURT: You want me to go ahead and let No. 4 go as well?
MR. HENDERSON: Yes, Judge.
THE COURT: Okay. Thank you very much.
(In open court.)
THE COURT: Thank you-all for your patience.
Jurors in Seats 12, 38, and 4, you-all are all free to go. You can go back to jury services on the first floor and check in there. They'll validate your parking and give you any further instructions. Thank you for your time and your service. So 12, 38, and 4, you-all are free to go back downstairs. Just leave your paddles behind. Thank you.
(Venire Badges 638, 458, and 530 exited.)
THE COURT: Any other financial concerns over here to my right? If you have them, go ahead and raise your paddles now. All right. 47 and 48.
Juror No. 47, what do you do for a living?
JUROR: I'm an account manager at a startup company.
THE COURT: And do you get paid for your time being here, sir?
JUROR: Just for three days.
THE COURT: Okay. If you were -- had to be here for that time, we talked about two to three weeks, and were not paid for that time, would you be able to meet your ordinary household expenses?
JUROR: I would not.
THE COURT: Okay. All right. Thank you.
Juror in Seat 48, what do you do for a living?
JUROR: I do intake at a data entry health hub.
THE COURT: Does your employer pay for your time to be here?
JUROR: PTO. And I don't have -- I don't have enough.
THE COURT: If you had to be here or asked to serve on the jury in this case, would you be able to meet your household expenses?
JUROR: (Shakes head.)
THE COURT: Is that a no?
JUROR: That's a no.
THE COURT: Thank you. All right, ma'am. Thank you very much.
Anyone else, financial concerns or financial hardships? All right. 6 and 8 -- or 18, I'm sorry.
Yes, Sir, Juror No. 18?
JUROR: I just had a question. So I'm a college student and I do work. I was out of a job for, like, seven months and I just got this job. I've only been on it for, like, three weeks now, and I work 12-hour shifts and four days a week -- four to five days a week. I'm also not going to have time to do my schoolwork too.
THE COURT: Are you full time in school, sir?
JUROR: I'm part time.
THE COURT: Okay.
JUROR: I do college and work. But I just got this job and I don't want to, like, get fired or anything. I've been without money and working for seven months. I can't -- just had school. I don't have anything else. I understand this is my civic duty, but I would, like, be devastated if I got fired. Obviously, I would have to find somebody else to fill my position because I won't be there.
THE COURT: All right. Thank you, sir. We may have some follow up with you on that as well. Thank you.
Juror in Seat No. 6, yes, ma'am?
JUROR: Yeah. I just want to be honest, maybe I'm gonna have to convince my boss after I'm done here. I do accounting, so I can't be out for three weeks, so I definitely have to figure out if I'm going to be here. I have to work the weekend and not, like, up in the evening and nights. I'm going to have to convince my boss. If not, then, I don't have the -- I have PTO, but it's not going to cover.
THE COURT: And if you had to cash in your PTO, would you be able to meet your household expenses?
JUROR: It's going to be difficult.
THE COURT: Okay. All right. Thank you, ma'am.
Anyone else, financial hardships? Go ahead and raise those paddles.
Okay. The next category is new mothers. If you've given birth in the last six months -- this is a brand new statute that just went into effect in July -- you can be excused from jury service. Anyone have a child within the last six months? If that applies to you, go ahead and raise your paddles at this time. Court sees no paddles.
Next, childcare. I have had the opportunity to review your juror questionnaires. Some of you have minor children that are under the age of 18. If you're a stay-at-home parent or you take the children to school -- I got lucky this morning because it's teacher workday -- or you pick them up or you're charged with caring for them, if serving on a jury would interfere with your childcare responsibilities, and there's no one else, a spouse, a Significant other, a loved one, family member who may be able to assist with those responsibilities, raise your paddles now.
Okay. Let me start over on my left: 16, 31, and 33.
And on my right: 10, 25, 27, 36, and 37.
Juror in Seat 16, how many children do you have?
JUROR: I have one under the age of 18.
THE COURT: What is the child's age?
JUROR: He's 15.
THE COURT: Okay. And what -- do you take them to and from school?
JUROR: I do not.
THE COURT: Who takes them to and from school?
JUROR: He goes himself.
THE COURT: Okay. Does he participate in any aftercare activities?
JUROR: He's on the swim team. I don't know if that qualifies.
THE COURT: Okay. And after swim team, how does he get home?
JUROR: Not sure. Try to find a ride with one of his friends or something.
THE COURT: All right. Other than that being your child and you being the child's father, what other responsibilities do you have with regard --
JUROR: I'm a single parent. The mother is not really in the picture.
THE COURT: All right. Is there anyone else that you may be able to task with caring for him between the 9:00 and 5:00 hour?
JUROR: My girlfriend, potentially, but T have to discuss that with her.
THE COURT: Okay. Similarly, would she be able to assist if you were asked to serve on our jury and we had to go late until 9:00 o'clock?
JUROR: Potentially. I can just talk to her about it.
THE COURT: Okay. Is that something you might be able to do, sir, during one of our breaks?
JUROR: Yes.
THE COURT: All right. I'm going to make a note, sir, to follow up with you with regard to that, okay?
JUROR: Thank you.
THE COURT: Thank you, sir. Appreciate it.
JUROR: Thanks, Judge.
THE COURT: Juror in Seat 31, raise that paddle up for me so I can find you. Thank you. How many children do you have, ma'am?
JUROR: Two.
THE COURT: What are their ages?
JUROR: Six and nine.
THE COURT: Okay. Is the 6-year-old in school yet?
JUROR: Yes.
THE COURT: VPK or kindergarten?
JUROR: First grade.
THE COURT: First grade. Okay. Is there anyone else who might be able to assist with your childcare responsibilities?
JUROR: Not from 3:00 to 9:00.
THE COURT: Okay. All right. Thank you, ma'am.
Juror in Seat 33?
JUROR: Yes.
THE COURT: How many children do you have, ma'am?
JUROR: Three.
THE COURT: You're in the same boat I am.
JUROR: But my youngest is 12. I'm also a private school teacher, but she goes to school with me and rides home with me after school.
THE COURT: Okay. So what are the ages of your children?
JUROR: So my oldest is 19, and then I have one that's 17, and then I have the one that's 12 that goes to school with me.
THE COURT: That goes to school with you. And then the 12-year-old -- would the 12-year-old have another way to get home -- to school or from school if you were asked to serve as a juror in this case?
JUROR: I could try, but three weeks would be a stretch to try to get help.
THE COURT: Is there anyone else who might be able to assist, family --
JUROR: Possibly.
THE COURT: -- spouse, loved one?
JUROR: Possibly.
THE COURT: I'm going to ask you, similar with Juror in Seat 16, if you could make that phone call for me, I would appreciate it.
JUROR: Okay.
THE COURT: Okay? I'll make a note to follow up with you if you have been able to find coverage to assist with that.
Anyone else on my left, childcare responsibilities?
Juror in Seat 3, yes, ma'am?
JUROR: I have two children and I'm the only person that picks them up and drops them off, but I'm fairly certain that I can get somebody.
THE COURT: And what are the ages of your little ones?
JUROR: Six and eight.
THE COURT: Okay. Also, ma'am, if you could make that phone call during the break, I'll make a note to follow up with you on that. Thank you very much.
Anyone else childcare responsibilities here on my left? Raise those paddles. Court sees no paddles.
Moving to the right, Juror in Seat 10, yes, ma'am? Afternoon.
JUROR: I have my granddaughter, she's 13, I homeschool her, and there's nobody else. She is -- her mother is a single mother, she works all day every day.
THE COURT: Okay. All right.
JUROR: It's only me.
THE COURT: Got it. All right. Thank you, ma'am.
Juror in Seat 25, yes, ma'am?
JUROR: I have one son, he's 11. He's homeschooled as well. I'm a single parent. It's just me, no one else. Everyone else works during the day that would be able to stay with him. And he's high-functioning autistic. So being home alone for three weeks, potentially, I don't particularly feel comfortable with that.
THE COURT: Understood. All right. Thank you, ma'am.
Juror in Seat 27?
JUROR: I have a daughter that's 11. We already -- me and my wife, she takes her in the morning, I pick her up in the evening. She plays basketball and it's just us three.
THE COURT: Okay. Is there anyone who might be able to assist with pickup in the evening if you were asked to serve aS a juror in this case?
JUROR: Probably not because it's just us three.
THE COURT: Does she work -- does your wife work in the afternoon?
JUROR: She works in the morning and then I work in the evening. We fluctuate.
THE COURT: Okay. But your wife wouldn't be able to pick her up in the evening?
JUROR: (Shakes head.)
THE COURT: Is that a no?
JUROR: No.
THE COURT: All right. Thank you.
36, yes, ma'am?
JUROR: I have two boys, 17 and 13. But the 13-year-old, I pick him up from school, from middle school every day, but I can arrange for somebody.
THE COURT: Okay. Do you have someone else that you might be able to -- someone specific?
JUROR: His father probably could.
THE COURT: All right. Ma'am, I'm going to make a note to follow up with you on that as well. So during a break, if you could make that phone call, I would appreciate it, okay?
JUROR: Yes.
THE COURT: Thank you.
Juror in Seat 37?
JUROR: I have three, ages 14, 10, and 5. The 5- and 10-year-old, I'm responsible for dropping them off and picking them up from school.
THE COURT: And what about the 14-year-old?
JUROR: The 14-year-old, he goes to an alternative program, so he has to go to school by 12:30 so he can take himself and bring himself back. But I have my hours at work adjusted, so I can be able to bring my kids to school and pick them up.
THE COURT: And is there anyone who might be able to assist with the pickup and dropoff?
JUROR: No, because I currently don't have a vehicle. So I've been borrowing my sister's vehicle in order to -- I walk them in the morning, the school is right down the street. And then in the afternoon, I borrow her car and pick them up.
THE COURT: And how did you get here this morning, ma'am? Did you borrow the same car?
JUROR: Lyft.
THE COURT: Okay. All right. Thank you, ma'am. I appreciate that.
Anyone else, childcare responsibilities? Juror No. 6?
JUROR: Just a question. Is the schedule going to be 9:00 to 5:00?
THE COURT: Yes, ma'am. The only day it would be different is deliberation. After everything is over, we work until as late as 9:00 o'clock.
JUROR: I also have two kids, 12 and nine. I drop them off at school and pick them up because usually they stay in aftercare until 6:00 o'clock. So if we're going to be done by 5:00, I'm okay.
THE COURT: Yeah, I'm in the same boat you are. I have to pick up the little ones by 6:00, so I hear you. But the only day that would be different is deliberation day, where we work until 9:00, if necessary.
Is there someone that you might be able to reach out to if you were asked to serve as a juror member in this case who could pick up your 12- and nine-year-olds during deliberations?
JUROR: If it's just one day, probably, yes.
THE COURT: Okay. All right. Ma'am, I appreciate that. Thank you.
Anyone else childcare concerns? Court sees no paddles.
I know Juror No. 4 talked about his wife who has the chronic asthma. Similar with childcare, we have adult care. Some of you may be taking care of your parents or other elderly persons who need near round-the-clock or full-time round-the-clock care. If you're one of those persons and there's no one else who can assist in caring for the elderly person, please raise your paddle at this time.
Juror in Seat 14, yes, ma'am?
JUROR: Yes. I have a 96-year-old mom that I help take care of, and I do have two sisters, but we have a rotation worked out and so this is my off week and then next week is my on week.
THE COURT: Okay. Are your sisters local?
JUROR: No. Georgia.
THE COURT: Oh, wow. Okay. And your mom's here?
JUROR: Lakeland.
THE COURT: Okay. Got it. All right. Is there a way where you might be able to work out something with them for the next week or so?
JUROR: I can try, but I have an add-on to -- it was unrelated, but I'm also still working, but my work requires travel, so I planned to do work around my mom. And so when I'm not -- so later this week, on Thursday, I'm supposed to fly out to Kansas City for work.
THE COURT: Okay. I think the next topic I've got is travel, so --
JUROR: Yeah. So I've got a little bit of all the things going on.
THE COURT: Okay. I got it.
Anyone else adult care? Court sees no paddles.
Moving to travel. Is there anyone over the next couple of weeks has travel, business or personal, that's already been prearranged?
Let me start over here on my left. I have: 15, 21, 33, and 43.
And on my right I have: 11, 18 -- thank you, sir. I have 11, 14, 24, 27, and 46.
Let's start over here on my left. Juror in Seat 15, yes, sir?
JUROR: I am planning to go on vacation next Friday for two weeks.
THE COURT: This Friday or next Friday?
JUROR: This Friday.
THE COURT: Okay. And where are you going, sir?
JUROR: Aptos.
THE COURT: Good for you. Hope you enjoy. How long are you gone for, sir?
JUROR: About a week, week and a half.
THE COURT: Wow. Excellent. Enjoy.
Juror in Seat 18?
JUROR: Chicago.
THE COURT: When do you leave, sir?
JUROR: I think next week.
THE COURT: Do you know what time or day?
JUROR: I'm not sure. My mother informed me about it. I just --
THE COURT: Have tickets been purchased, sir?
JUROR: I think she purchased hers.
THE COURT: All right. Do you know -- it's sometime next week you're leaving?
JUROR: Yes.
THE COURT: Okay. Thank you, sir.
21?
JUROR: I'm going to be moving to Georgia on the 23rd. I already have my last day at my current job set and my first day at my job in Georgia set as well.
THE COURT: Okay. Thank you.
33?
JUROR: Yes. I'm flying to St. Barts on November lst --
THE COURT: Okay.
JUROR: -- through the 6th.
THE COURT: Got it. All right. Thank you.
43?
JUROR: I'm planning to go to Chicago to -- well, I have a sister over there and she's elderly -- I mean, not elderly, she's 70, and she wants to -- she's a widow and she's planning to sell her house so she can move back to Mexico, and she wants to go to -- you know, to sell her house, so she wants my support in order to be with her -- I mean, so they can move, you know, move out of their house that they live in. And -- because she wants to go and take care of my mom and she's 93. We all rotate on that. Believe me, I do like this because -- I mean, but, unfortunately, it is -- I'd rather not tell her, I'm sorry, I can't, you know what I mean? I hope my brother, which works in the embassy, is there to help her out, but my brother travels to France, to Panama and he cannot do it.
THE COURT: When are you supposed to leave, sir?
JUROR: This month by the 25th, 26th.
THE COURT: All right. Thank you, sir.
Anyone else on my left travel? I see no paddles.
Moving back to my right. Juror in Seat 11?
JUROR: Sunday I leave for Chicago. T'll be there through Wednesday night.
THE COURT: Chicago seems to be the hot destination right now. And you leave the 19th? That's this Saturday.
JUROR: No. Sunday.
THE COURT: Sunday. Okay. The 20th. All right. And when do you return?
JUROR: Wednesday the 23rd at 9:00.
THE COURT: All right. Thank you, ma'am.
Juror in Seat 14?
JUROR: Yes. I'm flying to Kansas City for work on Thursday. Then I'm with my mom and then we're going to L.A. for work the following week.
THE COURT: Okay. Thank you, ma'am. Appreciate it.
Juror in Seat 24?
JUROR: Yes. I am flying out next week to San Diego, California. It is for a business convention and everything is paid for. If it's so close to the date, there's no way for me to cancel. I would not be able to get back. That will create a big financial burden in the thousands of dollars that I already spent for that trip.
THE COURT: Thank you, ma'am. Appreciate it.
Juror in Seat 27?
JUROR: Going to Georgia to pick up my sister and bring her back to babysit my daughter. Then we're flying to Mexico for our anniversary.
THE COURT: Congratulations. Hope you have fun. When are you leaving?
JUROR: We're leaving Monday.
THE COURT: Okay. Thank you.
Juror in Seat 46?
JUROR: I have two things. I am teaching at a conference on Friday. Nobody can take my place for teaching that class. And then starting Tuesday through Friday, I have an FTA conference in Jacksonville and that is a requirement for my position with the State of Florida. So I'm required to go to that each year to keep my position.
THE COURT: Got it. Thank you, ma'am.
Anyone else, pre-planned travel, business or pleasure? Raise those paddles. Court sees no paddles.
Next is -- I saw in your questionnaires that we had a couple of full-time students. Juror No. 26 already told me. And I also had Juror No. 19. Juror No. 19, where are you going, sir?
JUROR: Part time Valencia.
THE COURT: All right. And Juror in Seat 39, yes, sir?
JUROR: I'm over half time at Florida State University.
THE COURT: Thank you. And are you working the other half time?
JUROR: Oh, I work full time and then I go to school over half time as a software developer.
THE COURT: Awesome. Thank you.
47, yes, sir?
JUROR: I'm a full-time student at Palm Beach Atlantic University, so I work full time and school full time.
THE COURT: Okay. Awesome. Thank you.
22?
JUROR: I'm a full-time student at UCF online and I work full time.
THE COURT: What are you studying, Juror No. 22?
JUROR: Communication and conflict.
THE COURT: Juror 47, what are you studying?
JUROR: Clinical mental health counseling.
THE COURT: Right on. Well, best of luck to you both.
Lastly, is medical issues -- medical appointments, I'm sorry. Is there anyone who has a scheduled medical appointment over the next couple of weeks that would interfere with the schedule I outlined? I see -- anybody on my left? Let's start over here on my left: 1, 42, and 43.
Moving to my right: 8, 11, 23, 28, 35, and 40.
Juror No. 41, afternoon.
JUROR: Hi.
THE COURT: When's your medical appointment, ma'am?
JUROR: Actually, I have several. Where is it at?
THE COURT: When?
JUROR: When? I have one -- I have to look to my calendar.
THE COURT: As best as you can remember, it's okay.
JUROR: They were moved from the hurricane, so I know I have an ENT, mammogram, gynecologist, and hand surgeon.
THE COURT: Okay.
JUROR: They're all in October. I don't know the exact dates. I know the hand surgeon is next Monday. The ENT is on Friday, this Friday.
THE COURT: Okay.
JUROR: The mammogram is actually on Sunday. And then the other one, the OB-GYN, I don't remember the date.
THE COURT: But it's before the end of the month?
JUROR: Yes.
THE COURT: Okay. Now, with regard to the surgery, is that an upcoming surgery that you have to have scheduled or is it something --
JUROR: It's not scheduled yet.
THE COURT: All right. But something that you have to have?
JUROR: Yes.
THE COURT: And how long ago did you make all these appointments?
JUROR: Probably August, September timeframe.
THE COURT: All right. Thank you, ma'am.
Juror in Seat 42?
JUROR: Yes, Judge. Can I please stand up?
THE COURT: I'm sorry. Did you say can you stand up?
JUROR: Stand up.
THE COURT: Absolutely, sir.
JUROR: I don't have a medical appointment, but my leg... excuse me. I broke my leg. I'm still -- my leg is -- is just -- it hurts right now.
THE COURT: All right. Sir, one of the things we were going to talk about next is if there are any medical conditions that was causing any problems, and it sounds like you've got one. All right, sir. Thank you for letting me know, okay?
JUROR: Yeah. I damaged it when I was in the military and the officer kept telling me...
THE COURT: Sir, thank you for your service. If you need to keep standing up, you can, however -- what makes you feel most comfortable, okay? I appreciate you, sir. Thank you very much.
Juror in Seat 43?
JUROR: Just tomorrow at 10:00 o'clock.
THE COURT: And what is tomorrow at 10:00 o'clock, sir?
JUROR: Just a follow up with -- just a follow up with my regular doctor for medicare.
THE COURT: All right. Thank you, sir.
Juror in Seat 45, I saw you raise your --
JUROR: November the 7th have one.
THE COURT: If we're here on November 7th, we have done something wrong. I'll promise you that.
Juror in Seat 29?
JUROR: No, sir. Just moving.
THE COURT: Okay. Thank you, sir.
Anyone else medical appointments here on my left? Court sees no paddles.
Moving over here to my right, Juror No 8. Afternoon.
JUROR: I have one on the 22nd of October. I'm getting shots in my neck. I had surgery in my neck. I have two pins in my neck and I get -- every month -- every two months I get shots in my neck.
THE COURT: All right. And when is that scheduled again, ma'am?
JUROR: On the 22nd of October.
THE COURT: Okay. Thank you.
Juror in Seat 11, yes, ma'am?
JUROR: I have an appointment on Thursday. I take a controlled substance and that can't get refilled.
THE COURT: Got it.
JUROR: My husband also goes for cancer screening two weeks from today.
THE COURT: Okay. All right. Thank you.
Juror in Seat 23?
JUROR: I have an orthodontist appointment next week, but I can probably move it.
THE COURT: Okay. All right. If you had to move that appointment and you were asked to serve as a juror on our case, would that be weighing so heavily on you that you could not focus on the case?
JUROR: No, I don't think so.
THE COURT: Would it affect you in such a way that you would not be able to fairly and impartially weigh the evidence?
JUROR: No, sir.
THE COURT: Okay. All right. Thank you.
Juror in Seat 28, yes, ma'am?
JUROR: I have an appointment on Friday with an oncologist.
THE COURT: Okay. Thank you, ma'am.
Juror in Seat 35?
JUROR: Yes. My daughter-in-law has surgery on Wednesday, and she has three children, ages eight, six, and four, and I'll be having to homeschool them and take care of them while she's recovering. I think maybe like at least three days that I'll have the children.
THE COURT: Will she be hospitalized for those three days?
JUROR: She will be hospitalized for at least one. It just depends on how things go.
THE COURT: All right. Thank you, ma'am.
Juror in Seat 40?
JUROR: I have three appointments, procedures scheduled.
THE COURT: Do you know when they're scheduled for?
JUROR: Yeah. The first appointment is this Friday the 23rd. And when I go to that appointment on the 23rd, I'm going to be scheduled for the procedure.
THE COURT: I didn't hear that last part. Your appointment on the 23rd?
JUROR: Yeah, my appointment on the 23rd, they're going to schedule the procedure.
THE COURT: Okay. Got it. Okay. Thank you.
Anyone else medical appointments?
Okay. Is there anyone with any medical conditions that you believe would affect your ability to serve as a juror in this case?
Okay. Starting on my left: 18 and 21 -- I know we already spoke to juror in Seat 42.
18, yes, sir?
JUROR: Just have one issue. I'm getting a regular checkup.
THE COURT: Thank you.
Juror in Seat 21?
JUROR: I'm prone to panic attacks and crippling anxiety every day.
THE COURT: Are you on any medication for those?
JUROR: Yes.
THE COURT: Are they -- did you take them today?
JUROR: Yes.
THE COURT: Is it affecting your ability to understand anything today?
JUROR: No.
THE COURT: Okay. All right. Thank you.
JUROR: Drowsy.
THE COURT: 19? I see you're kind of halfsies on me.
JUROR: Yeah. So recently around six months ago, I had recurring headaches that made it hard to concentrate, and I got an MRI scheduled with a neurologist and they found two little bits of scarring in the center of my brain. And, I mean, I can think really well. I'm going part time to school, but I don't know -- I don't know if I would be able to fit in this jury panel.
THE COURT: All right. Thank you, sir. I appreciate that.
Moving over -- anyone else, medical conditions over to my left? Court sees no paddles.
Moving to my right: 8, 9, 10 -- raise those paddles high for me, if you could. 27? No? Okay. Thank you. 28, 39, 40, and 46.
All right. Juror in Seat No. 8, ma'am?
JUROR: Since I had my surgery on my neck, I can't sit for long. And the pain goes down to my back.
THE COURT: Okay. Thank you, ma'am.
Juror in Seat 9?
JUROR: Crohn's disease.
THE COURT: Thank you.
Juror in Seat 10?
JUROR: Arthritis in the knees.
THE COURT: Would that affect your ability to follow the evidence?
JUROR: Right now, my knees are screaming at me, so it's possible.
THE COURT: Okay. Thank you.
28?
JUROR: Diabetic.
THE COURT: Okay. 39?
JUROR: I have ADHD and I take medication for it. But it's kind of worse off around this time in the afternoon. And it's also a diuretic, so I have to use the bathroom very regularly.
THE COURT: Thank you, sir.
40?
JUROR: Diabetic and I have an autoimmune disease.
THE COURT: Okay. Thank you.
46?
JUROR: I have ulcer colitis. If I need to use the restroom, I don't have time to ask permission for us to take a break, I just have to get up and go.
THE COURT: Got it. Thank you very much.
Can the parties approach for a moment?
(At the bench.)
THE COURT: I'm going to be addressing the all-encompassing other. And then do we want to take a break to address any cause challenges before like we did this morning before we went into the Information or knowledge about the case?
MR. JAY: Yes and no. Regarding the two people who just recently said they're diabetic. Typically, there's follow up, like, Hey, you can get snacks and anything you can do to accommodate. So I don't know that just being diabetic is for cause.
THE COURT: Do you want to inquire as to those persons?
THE COURT: Yeah. I don't have a problem doing that, sure. Okay. Anything else? And who I have as diabetic was 28 and 40. Is that who you have?
THE COURT: Thank you very much. I'll follow up.