2.Courtyard-Event Exposure and Juror Impartiality Inquiry
54 lines(Jury entered.)
THE COURT: State, do you recognize our jury?
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes.
THE COURT: Members of the jury, you can be seated.
Members of the jury, good morning. Welcome back to 12 alpha of the Orange County Courthouse.
Just, again, if you could raise those hands, confirm you've complied with the Court's instructions. All right. All hands have been raised. Thank you very much.
Members of the jury, before the State continues with their evidence of presentation today, I just have a couple of questions to go over with you.
Yesterday there was an event in the courtyard of the Orange County Courthouse. Did anyone happen to observe that event? If you did, please raise your hands at this time.
JUROR: What do you mean by observed?
THE COURT: We'll get to it.
JUROR: Okay.
THE COURT: Okay. Did anyone happen to hear anything during that event? All right. The record reflects no hands have been raised.
Did anyone see anything during that event? All right. Juror No. 2, first row. Thank you, ma'am.
Did anyone participate in that event?
Record will reflect that no hands have been raised.
Did anyone receive any writings or review any material from that event?
The record will reflect no one has raised their hands.
Can the parties approach for a moment?
(At the bench.)
THE COURT: I'm hesitant to inquire further on what observed means in the presence of everybody else.
MR. OWENS: Not at the next break. I mean, we need to deal with it now.
THE COURT: I'd rather deal with it now.
THE COURT: Just in case. All right. Thank you very much.
(At the bench.)
THE COURT: Members of the jury, I'm going to send everyone out except for Juror No. 2, in the first row. We've got a couple follow-up questions for you individually, ma'am.
Same instruction I've given you-all previously. Please don't conduct any independent investigation or research as to the persons, places, things, or charge involved, and don't have any discussions amongst yourselves or anyone else, and we'll bring you back in as promptly as possible. Thank you.
COURT STAFF: Jury exiting.
(Jury exited.)
THE COURT: You-all may be seated. Thank you.
Juror in Seat 2 on the first row from right to left, you had advised, based on the Court's question, that you had observed something, and you said, what does observed mean. And instead of getting that out in front of every other juror, we just want to have that individual conversation with you now.
So tell me what it is that you saw or heard or anything yesterday in the courtyard yesterday.
JUROR: When I -- we were walking back from lunch and we saw that they were gathered, and I asked the deputy if he knew what was going on and he said it was somebody Bain talking about domestic violence.
THE COURT: Okay. And you said "we" were walking. Who is we?
JUROR: Another juror. I don't want to say her name.
THE COURT: All right. Is that a juror that was on our panel here?
JUROR: Yes.
THE COURT: Okay. All right. Do you recall where they may have been seated?
JUROR: No -- in the back over there.
THE COURT: Okay. Do you recall what color her hair was?
JUROR: Yes. Do you want me to tell you?
THE COURT: Please.
JUROR: Dark brown or black.
THE COURT: Is it the shorter juror?
JUROR: Yes.
THE COURT: Okay. Thank you very much.
State, any further questions?
JUROR: I walked back in.
JUROR: I couldn't hear anything, no.
THE COURT: Anything further from the defense?
MR. HENDERSON: Ma'am, did that affect your ability to be fair and impartial?
JUROR: No, sir.
THE COURT: Can the parties approach for a moment?
(At the bench.)
THE COURT: Any further inquiry?
THE COURT: Any problems with this juror?
THE COURT: Do we need to do anything else with regard to our panel?
MR. OWENS: I don't think it's necessary. She didn't raise her hand, so she must not have considered anything.
THE COURT: Okay. We're good. All right. Very good. Thank you very much.