3.Panel 4 Voir Dire — Qualifications, Witness Familiarity, Language, and Ability to Serve

THE COURT: Ms. Boone is seated at counsels' table, the same clothing from this morning.

We have another panel of 50. We had a little hiccup with the wrong information sheets being shot to us, but I believe that's been remedied now.

State, are we ready to bring in our panel?

THE COURT: Good afternoon, ladies and gentlemen. Welcome to Courtroom 12-Alpha of the Orange County Courthouse in the circuit criminal division here in Orange County. 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 the opportunity to introduce everyone in the courtroom to you today. To my right, your left, is my clerk, Mary McCree. Her job is to assist handling all the evidence that's presented during the trial and handling other matters to make sure that we have an efficient trial in this case. And that will include maybe printing out documents, handing me notes, answering the telephone, typing on her computer. Her job is to ensure that we have an orderly and efficient trial in this case.

Some of the other persons in our courtroom today you've already met, and those are our courtroom deputies. Today we have Officer Bruce, Officer Bourda, Officer Jones, Officer Jenkins, Officer Olivera, and Officer Binano [ph]. They are my eyes and ears here in the courtroom. If you have any concerns regarding your safety or any other questions that you may have, please address those with the deputies and they will bring them to me. I will do my best to answer your questions or address your safety concerns.

State, if you could, please introduce yourselves to our panel.

THE COURT: Thank you-all. You can be seated.

Last, but certainly not least, I want to introduce to you the hardest working person here in the courtroom. No, it's not going to be the lawyers. I promise you they all are going to work very, very hard. It's not going to be the Court. The Court is also going to be prepared and work very hard as well. It's the lady seated right in front and center of all of you, Ms. Breean Crisp, Madam Court Reporter.

Her job is so hard because she's got to write down everything that everybody says, and I've got a really bad habit of speaking way too fast. I have a note right in front of me that says "slow down" in bold and underlined.

So -- now, when we're normally speaking with our friends or our family members or loved ones, sometimes we'll do, like, head nods or shake our head no or go uh-huhs or "sure" when we mean yes or "okay" when we mean no. I'm going to ask you, as best as possible, to avoid doing that.

Now, if you do, you're not going to get in trouble, just Madam Court Reporter or myself may ask you to clarify, Was that a yes or was that a no? And we're not doing it to make you uncomfortable or blow up your spot or call you out. We're simply doing that so that we can have a clear and efficient record of everything that everybody said here today.

Is everybody on board with following those instructions? Raise your paddles if you are.

All right. I thank you. The record will reflect all paddles have been raised.

If you can do that, it's going to make Madam Court Reporter's job a little bit easier when it comes to typing down everything that everybody says.

Next, I want you to look around yourselves; right, left, front, and center. Is there anyone that's seated around you or near you that you may recognize? If so, go ahead and raise your paddles at this time.

All right. Juror No. 21 [sic], who might you recognize? Or 31. I apologize. Thank you, ma'am.

THE COURT: Thank you so much for letting me know. Thank you.

Anyone else around you, recognize anyone?

THE COURT: Okay. Thank you, sir.

Anyone else recognize anyone seated around you?

37?

THE COURT: No hablo Ingles? (Speaking Spanish.)

Okay. Can the parties approach for a moment?

THE COURT: 1I'11 address it.

Any problem with the same statements that I gave this morning?

THE COURT: Please raise your paddles if you recognize the names of any of the State's potential witnesses.

The Court sees no paddles.

Defense, if you could please read the list of witnesses, if you decide to put on a case.

THE COURT: Raise your paddles if you recognize the names of any of the witnesses that the defense may call in this case.

All right. The Court sees no paddles.

Some of you may have noticed that there is a camera in the courtroom here today. I want to assure you that none of you are being recorded. The camera will always be pointing into the well area, either on the attorneys or on the Court.

Now, what's being said today is being recorded by Madam Court Reporter and it may be picked up by the camera. The lawyers, nor myself will ever refer to you by your given name. You'll be referred to by the paddle and the seat that you're seated in. I don't want that to change how you're going to operate. Your identity will remain safe and secret. No one is going to know who you are. The camera is not going to pan any way to where you are.

Now, where we are today is in jury selection, specifically jury selection in a criminal case. And the purpose today is to pick a fair and impartial jury for both the State and the defense. Now, the Court, the State, and the defense are going to be asking you questions to get to know you a little bit over and above what's in the jury questionnaires that we've been provided. We know a little bit about you. And each and every one of you may have certain beliefs or certain things that you hold near and dear. None of us are going to ask you to change those beliefs. If you have those thoughts and those beliefs, hold on to them, don't change them. The question is, are you going to be able to set aside those beliefs, focus on what's presented here in the courtroom, and fairly and impartially weigh the evidence? Is everybody on board with that? If you are, please raise your paddles at this time.

The record will reflect that paddles have been raised by all jurors.

Now, in order to get to know you a little bit, we're going to have to ask you some questions. And we're not trying to pry. Again, we're just trying to get to know you and figure out what you're about a little bit more to make sure that we can get that fair and impartial jury. So we're going to begin kind of the interactive portion of our program this afternoon, and I preface this with every question that I will ask you. There's no wrong answer. There's no wrong answer to any question. If that's what you think, then you can think it. That's fine.

And with that, the first question for the group is, what's a person's biggest fear? And, again, there are no wrong answers. Anybody want to take a jump at that?

Juror No. 20, yes, sir?

THE COURT: Certainly ranks up there.

Any other guesses? I saw somebody in the back left corner. No. 29, yes, ma'am?

THE COURT: Okay. Sure, absolutely.

46?

THE COURT: There's one might be worse than that.

No. 1?

THE COURT: Nailed it, public speaking. Surveys show us and tell us that speaking in public is actually scarier than death, taking the next great adventure to wherever it leads us at the end of this time that we have here. And the reason I tell you-all that is, we're going to ask you some questions and the only thing that I ask of you is that you answer those questions completely, truthfully, and honestly. If we can do that, we're going to make sure that we're getting that fair and impartial jury in this case. Raise your paddles if you're on board with doing that for me this afternoon.

All right. The record will reflect all paddles have been raised.

Now, before we get into asking you some more questions, I have an instruction that I have to read to you from the Florida Supreme Court: 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 will 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 inguiries 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 violations 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.

Thank you very much. The record will reflect all paddles have been raised.

Juror No. 20, yes, sir?

THE COURT: Yes, sir. All phones need to be turned off.

Juror No. 33, yes?

THE COURT: Hang on, I've got to make notes here.

Who was -- Juror No. 33, was that you?

THE COURT: Okay. Thank you.

Juror No. 47?

THE COURT: Okay. Thank you, sir. I'll make a note to come back to you on that. Thank you.

Juror No. 27?

THE COURT: Thank you for letting me know that, ma'am. I appreciate it.

Juror No. 32, yes?

THE COURT: Okay. All right.

One of the first question I have is your ability to serve in this case. Raise your paddles -- again, and if you have not, raise your paddles -- if you speak little to no English or have concerns on your ability to speak and understand English.

Okay. I've got more now. Okay. Let me start over here on my left. Juror No. 33. Juror No. 32, yes, ma'am? Juror No. 32, can you understand me?

THE COURT: Okay. Thank you.

Anyone else, concerns over the English language here on my left, raise those paddles.

No. 4, yes, sir?

THE COURT: Okay. Over here on my right, concerns on reading and understanding English?

23, but you wanted to talk to me in private, sir, correct?

THE COURT: Okay. Thank you.

25?

THE COURT: Okay. All right. Thank you, ma'am.

26, I already have you.

47, I do not have you. Thank you.

And, 35, I already have you. Thank you very much.

All right. Can the parties approach for a moment?

THE COURT: I wish my notes were numerical, Mr. Jay.

T'll start as best as I can from the beginning: 4, 23, 25, 26, 33, 32, forgive me, 35, 41, 45, and 47.

THE COURT: 23 is a private issue. He has not identified -- that's why I have not -- I'm not including him in that.

Any positions with regard to those persons at this time?

THE COURT: Anyone else, concerns over the English language, reading and understanding it, raise those paddles, please.

The court sees -- yes, sir, No. 23? Do you have a concern with speaking English?

THE COURT: Thank you, sir.

IT also need to confirm another basis for eligibility. As you sit here today, if you are not an Orange County resident, please raise your paddles.

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.

The Court sees no paddles.

I want to take a moment and thank you-all for being here. Last week our state got ravaged by Hurricane Milton and here in Central Florida we got pretty lucky. I hope that your effects, your family, and your loved ones were unaffected by it.

I know that when you got that letter for jury service, I'm sure you-all were jumping for joy when you opened up your mailbox to come down here, but in all seriousness, I want to take a moment and thank you for your service.

The Founding Fathers experienced tyranny under the hands of the King of England, and one example of such tyranny was depriving Americans of the rights to trial by jury. In 1774, Founding Father John Adams said that representative government and the right to trial by jury are the heart and lungs of liberty, and without those, we have no fortifications against being ridden like horses, fleeced like sheep, worked like cattle, and fed and clothed like swine and hounds.

The right to jury trial in all criminal cases is preserved by the United States Constitution and our judicial system rests on this bedrock principle. And without your sacrifice and your time, the wheels of justice would simply come to a screeching halt. So on behalf of myself, the State, and the defense and Ms. Boone, we thank you for your sacrifice and your service in this matter.

Now, I say all that to preface with the thing that I'm going to ask next, and it's a big ask. We anticipate this case lasting approximately two and a half weeks, up to or before Friday, November the lst. I'd rather tell you it's going to last longer than tell you it will be shorter and ask you to come back, so I'm giving you the worst case scenario that it's going to be two and a half weeks.

Now, today is a little bit different. I know you-all were here very, very early for jury duty and I asked you to come up this afternoon, so today is a little bit different. But every other day hereafter, if you're asked to serve on our jury, we start at 9:00 and we end at 5:00. We take an hour and a half lunch break between 12:00 and 12:30, so it'll be 12:00 to 1:30 or 12:30 to 2:00, depending on what's happening that morning with the trial. We also have a regularly scheduled break in the morning and the afternoon. All of those things together I call my regularly scheduled breaks.

Now, there may be moments, and you've already seen, where I have to discuss matters with counsel outside of your hearing. I cannot tell you how long those are going to take place, when they're going to take place, or how often they're going to take place, but what I can promise you is that myself and the attorneys will endeavor to move as quickly and as efficiently as possible to address whatever it is that we're addressing at that time so as not to waste any of your time.

The only other day that would be different is deliberations, and that will be after the State has concluded its case, the defense has concluded its case, if it chooses to put one on, and after the State has concluded its rebuttal case, if it intends to offer one. The Court will then instruct you on the law to be applied in this case and then both the State and the defense will have an opportunity to present their closing arguments. After that, you'll be given some final instructions and be escorted into the jury room to begin your deliberations where you'll weed through and sift through the evidence that's been presented, weigh it, follow the law that I give you, and render a lawful verdict.

Now, during that process, I cannot cap or limit the amount of time that you have. I cannot tell you you have ten hours. I cannot tell you that you have ten minutes. It will be up to you as a member of our jury to work through all those things, the evidence and the law, to come to that conclusion.

If we go after 5 p.m., we cannot work later than 9:00. We are not allowed to. If you cannot come to a decision by 9:00 -- and I'm not asking you to rush to one. If you can't, we just have to come back the next day and continue our deliberations at that point in time. So understanding the schedule, 9:00 to 5:00, unless we're in deliberations, from now up until November the lst, does anyone have any conflicts or concerns regarding that schedule? If you do, please raise your paddles at this time. Raise them high for me, if you could. Thank you.

I'm going to start over here on my left. First row, Juror 3, I saw you up there and then you put it down. There's concern, sir?

THE COURT: Okay. Thank you.

2 --

THE COURT: I'm going to go through -- I'm just reading them out so that everybody knows who it is. I'm going to address each and every one of you, I promise.

Juror No. 7, thank you.

All right. First row, put everything down. Let me see second row. Hold them up high for me. 15, 16, 17, and 21. Thank you very much.

Third row, hold them up high for me. 31 and 34.

Last row, 43 and 44. Oh, 42. Thank you very much.

Anyone else here on my left, concerns over that schedule, please raise your paddles.

Okay. Seeing no paddles. Thank you.

Moving to my right, first row? 8, 9, 12, 13, and 14. Thank you-all. You can put those down.

Moving to the second row? 23, 24, 27, and 28. Thank you very much.

Third row? 36, 38, and 40. Thank you.

Last row, 46.

Okay. Thank you-all for letting me know that. I'm going to go through some categories of hardships which may apply to you. We're going to go through several different categories and at the end I have the all-encompassing other. Please raise your paddle for every category that you believe that you fall into. If you fall into more than one, that's fine, raise your paddle for each and every one of them. And when I'm done, I'll let you know that we're moving into the other category. If there's something that affects or conflicts with your ability to serve as a juror in this case and it wasn't addressed in any of the hardship categories, please let me know when we get to the other category, okay?

The first hardship is a financial hardship. A financial hardship means that your employer does not pay for your jury service, and without being paid for the time that you'll be serving as a juror in this case, you would not be able to meet your ordinary household bills. If that applies to you, please raise your paddles at this time.

Okay. Start over here on my left: 3, 7, 16, 17, 21, 42, 43, and 44. Anyone else here on my left who I didn't call?

All right. The Court sees no other paddles. Thank you.

Moving over here to my right. 8, 9, 24, 27, 38, 39, and 40. Okay. Thank you.

Anyone else here on my right, financial hardship, raise those paddles. The Court sees no paddles.

Start back over here on my left. Juror in Seat No. 3, good afternoon, sir. What do you do for a living?

THE COURT: Okay. Thank you, sir.

Juror in Seat No. 7, good afternoon, sir. What do you do for a living?

THE COURT: Okay. Thank you, sir.

16?

THE COURT: Thank you, sir. Appreciate it.

Juror No. 17, yes, sir?

THE COURT: Thank you, sir. I appreciate that.

Juror No. 21, yes, sir? What do you do for a living?

THE COURT: Thank you, sir. Appreciate it.

42?

THE COURT: All right. Thank you, sir. Appreciate it.

44, what do you do for a living, sir?

THE COURT: All right. Thank you, sir. I appreciate it.

Anyone else, financial hardships on my left, raise those paddles.

All right. The court sees none.

Moving to my right, Juror in Seat No. 8, yes, ma'am?

THE COURT: Okay. My apologies, matam. You have my sympathies. Here's hoping you can find something soon.

Juror No. 9, what do you do for a living, sir?

THE COURT: Okay. Thank you, sir.

24?

THE COURT: All right. Thank you, sir.

27, yes, ma'am?

THE COURT: Okay. Thank you, ma'am. I appreciate it.

38?

THE COURT: All right. Thank you, sir. Appreciate it.

39, yes, sir?

THE COURT: Okay. Thank you.

Juror No. 40, yes, ma'am?

THE COURT: Okay. Thank you, ma'am. I appreciate it.

Next, there's brand new legislation that came into effect in July for new mothers. You're excused from jury duty. If anyone has given birth within the last six months, if that applies to you, please raise your paddles.

The Court sees no paddles.

Next, I had the opportunity to review your questionnaires. Some of you have minor children under the age of 18, and I want to talk to you now about childcare issues. Some of you may be stay-at-home parents, may pick up and drop off your children from school or aftercare activities. If those are your responsibilities and there's no one else who could assist in those responsibilities, spouse, significant other, a loved one, a family member, and your childcare responsibilities would affect or impact your jury service, please raise your paddles at this time.

Other than 44 on my left, anyone else?

Okay. On my right, I have 24 and 27. Anyone else?

Okay. Juror No. 44, how many children do you have, sir?

THE COURT: Okay. Thank you. All right, sir. Thank you very much.

24, yes, sir?

THE COURT: You're almost in the same boat as me. I am 9, 6, and 2 years, so I feel your pain, sir.

Do you take them to -- well, is -- the 4-year-old not in school yet. Daycare?

THE COURT: Okay. Thank you, sir.

Juror No. 27, yes, ma'am?

THE COURT: Okay. Thank you, ma'am. I appreciate it.

The next topic is adult care. Similar to childcare, maybe you're tasked with caring for an adult, a daughter or an elderly family member or elderly friend who needs round-the-clock or near round-the-clock care. Now, understanding our schedule, 9:00 to 5:00 for the next two and a half weeks, does anyone have those adult care responsibilities that would affect your jury service on those hours? If so, raise those paddles now.

Okay. 27. You already told me about your daughter. How old is she, ma'am?

THE COURT: Thank you.

36, yes, ma'am?

THE COURT: Okay. Thank you, ma'am.

Anyone else, adult care, raise those paddles, please.

The Court sees no paddles.

The next category is travel. Is there anyone who has any travel planned from now until November the lst, be it business or personal, that would interfere with the schedule we've talked about? If you've got travel, please raise your paddles at this time.

All right. On my left, I have 2, 5, and 31. And on my right, I have 40, 46, and 50.

Starting here to my left, Juror No. 2, good afternoon, sir. Where are you going?

THE COURT: Okay. Thank you.

Is it something that you've incurred any expenses for or anything?

THE COURT: Okay. Thank you, sir.

Juror in Seat No. 5, yes?

THE COURT: Okay. All right. Thank you.

Juror in Seat No. 31, yes, ma'am?

THE COURT: Okay. Thank you.

Anyone else on my left, travel?

The Court sees no paddles.

Moving to my right, 40. Juror in Seat 40, yes, ma'am?

THE COURT: Okay. Thank you.

Juror in Seat 46, yes, ma'am?

THE COURT: Okay. Thank you, ma'am.

Juror in Seat No. 50?

THE COURT: Okay. All right, ma'am. I appreciate it. Thank you very much.

Let me ask a couple more questions about that. So if you were -- do you have your work schedule over the next two weeks? Do you know where you're supposed to be going?

THE COURT: All right. Thank you, ma'am. I appreciate you. The lawyers may have some follow-up.

The next is any medical appointments. Does anyone have any medical appointments scheduled that would conflict with our schedule?

Let me start over here on my left. I see Jurors 1, 5, 20, 31, 43, and 44. Moving to my right, 24, 27, 36, 40, and 49.

I'm going to switch it up a little bit. I'm going to start over here on my right. Juror No. 24, yes, sir?

THE COURT: Okay. Thank you, sir.

Juror in Seat 27, yes, ma'am?

THE COURT: Okay. Thank you.

Seat 36?

THE COURT: Okay. Thank you.

And 49?

THE COURT: All right. Thank you, matam. I appreciate it. The lawyers may have some follow-up.

Does anyone have any medical conditions that you believe would impact your ability to serve as a juror in this case?

I know that I already heard from Juror No. 36 who's got the eye issue every day, not just today. And is there anyone who has such medical conditions that may affect that ability; height -- or, sorry, seeing, hearing, reading, or some medication that may make you sleepy in the afternoon, anything along those lines. If that applies to you, please raise your paddles at this time.

T'll start over here on my left. 1 andi17. Going back to my right. 23, yes, sir?

THE COURT: Okay. Thank you, sir.

31, we already spoke.

And 48. Juror No. 48, yes, ma'am?

THE COURT: Okay. All right. Thank you, ma'am.

Juror in Seat 17?

THE COURT: Thank you, sir. I appreciate that. Thank you for letting us know. Remember, zero judgment here. I just want you-all to be honest, and I appreciate you.

So those are the most common categories of hardships that we've just gone through. Now I'm going to get to that all-encompassing other at this point in time. If there's another reason or another concern that you have which may conflict with your ability to serve in this case, go ahead and raise those paddles now and I'll hear from you.

Okay. Let me start over here on my left. Hold those paddles high for me so I can just make a note here. I've got 2, 5, 7, 15, 18, 29, 31, and 34. Thank you very much.

Moving over to my right. 9, 12, 24, and 28.

I'm going to start on my left. Juror in Seat No. 2, yes, sir?

THE COURT: All right. Thank you, sir.

Juror in Seat No. 5, yes?

THE COURT: You are correct. I skipped out on 1, 5, 20, 31, 43, and 44, so ain't no time but the present to tackle that. I apologize.

Juror No. 5, since you brought that up, thank you, when is your appointment and what is it?

THE COURT: Okay. Thank you, ma'am.

Juror No. 1, you also said that you may have some medical appointments coming up?

THE COURT: Okay. Thank you.

Juror in Seat No. 20, yes, sir?

THE COURT: Okay. Thank you, sir. Appreciate that.

Juror in Seat No. 31?

THE COURT: All right. Thank you, ma'am.

43?

THE COURT: Okay. Thank you, sir.

44?

THE COURT: Okay. All right. Thank you, sir.

Anyone else, and I apologize, medical appointments that I missed?

All right. The record will reflect no paddles.

Moving back to the other category. No. 5, was that -- anything else?

THE COURT: Okay. Thank you.

No. 7, yes, sir?

THE COURT: Okay. Thank you.

Juror in Seat No. 15, yes, ma'am?

THE COURT: We may have some follow-up with you in a little bit. Thank you.

Juror in Seat 18, yes, sir?

THE COURT: Okay. All right. Thank you, sir.

29?

THE COURT: No worries. I appreciate your honesty. That's all I asked from you-all and you guys are delivering. I appreciate it.

34?

THE COURT: Okay. All right. Thank you, sir.

Juror in Seat No. 9, yes, sir?

THE COURT: Okay. All right. Thank you. My wife is a teacher, so I appreciate you guys.

24?

THE COURT: Okay. Thank you.

And 28?

THE COURT: Okay. All right. Thank you very much.

Anyone else, other concerns about your ability to serve, raise those paddles.

Are there any full-time students that are here?

Paramedic and your ride-alongs?

THE COURT: Okay. Thank you, sir.

Anyone else?

And that was Juror No. 24, for the record.

Okay. Can the parties approach for a moment?