6.Jury Selection, Defendant Participation Colloquy, and Jury Oath
473 lines(In open court.)
THE COURT: Members of our jury, thank you so much again for your time, your sacrifice, your attention, and most importantly, your honesty in answering the Court's questions, the State's questions, and the defense questions over the last couple of days.
We're going to excuse you for a few moments while we decide who may be able to serve as members of our jury in this case. Please do not leave this floor. There may be some of you that we need to speak to on an individual basis.
Again, I'm going to give you a similar instruction that I've given you as well over the last couple of days.
Please don't conduct any independent investigation or research regarding the charge, persons, places, or things that are involved. Do not have any communications with anyone else or amongst yourselves about any of those things.
One last thing, you may see the attorneys for the State and the attorneys for the defense outside, maybe in the same elevator as you over the next couple of weeks. They're not allowed to talk to you. They may look away from you. They're not allowed to communicate or have any interaction with you whatsoever. If you make eye contact, they may shy away and look away from you. I promise you, they're not doing it to be rude or insensitive, they're just trying to avoid the sense of any impropriety while we conduct this trial.
With that, I thank you again for your time and your sacrifice and we'll bring you back in as promptly as possible. Thank you.
(Venire Panel 5 exited.)
THE COURT: You-all could be seated. Thank you.
We'll be off the record for a few moments for you-all to review your notes, use the facilities. Take a 15-minute recess. It is 3:30, we will see you-all at 3:45 and we can address any individual voir dire or a charging conference at that time.
Court's going to be in recess. Thank you.
(Brief recess from 3:30 p.m. to 3:50 p.m.)
THE COURT: All right. We're back on the record. 2020-CF-2603, State of Florida vs. Sarah Boone.
State?
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
THE COURT: Defense?
MR. OWENS: James Owens for Sarah Boone.
MR. HENDERSON: Tony Henderson for Sarah Boone.
THE COURT: Ms. Boone is seated at counsel's table wearing the same clothing from this morning.
MR. HENDERSON: Judge, is the panel coming back in so when we're picking I get to look at them because --
THE COURT: No, sir. No. So what the State has said is that they want to follow up with Jurors 40, 49, and 51. If there are any additional jurors that you would like to follow up, you may do so. All the jurors will remain outside.
We start with the first chair, and the State goes odds, then evens. We'll begin with any additional cause challenges, then we'll proceed with selection and the parties can exercise their peremptories and we'll go in order. State will go on, say they will accept. You'll have the opportunity to accept or reject. And then it will go to you for the even numbers back and forth until we have a panel of six.
Once we have a panel of six, I will allow any backstrikes. Assuming backstrikes, we will pick back up where we left off until we have a panel of six and continue that exercise until there are no additional backstrikes.
After selecting that panel of six, we will proceed with as many alternates as we can get. They will not be in here during the selection process.
MR. OWENS: Is there any way we can bring them in and take a photograph from our phone of each side so that we know which ones we're talking about?
THE COURT: I have never seen such a --
MR. OWENS: We've always had them sitting there so we could sit back and look at them and see who we --
THE COURT: I'm not inclined to have them in here unless you-all can point me to something as to that.
MR. OWENS: This is a murder trial.
THE COURT: It's going to be treated no differently than a possession of marijuana case. For me, it's exactly the same.
MR. OWENS: I appreciate that. But we have --
MR. CACCIATORE: Will we be able to retain peremptories for the alternate challenges?
THE COURT: As long as they're not -- as long as you haven't exhausted all ten of them.
THE COURT: We're all over each other. Sorry. Mr. Cacciatore's question was the use of peremptories for our alternates.
MR. JAY: Typically, you don't go into your well of ten or six, or three in county court, there's usually an alternate strike for each alternate that we're going to seat. Since potentially we're hoping for eight, can we have an alternate strike for each alternate that we seat?
THE COURT: If the defense is on board with that, I'm amenable to it.
MR. HENDERSON: Yeah, that's --
THE COURT: Okay. Fine. I'm okay with that.
That's how I conduct the final selections. I'll put it on for everyone what we just discussed here. But I'm disinclined to -- unless you can give me some case law authority that allows that to happen, I'm disinclined to allow that to occur. And I do agree with Mr. Jay, we've been in this for three-plus days -- almost three-plus days at this point in time. And that panel was here yesterday afternoon with the exception of a few persons that called out and this afternoon.
If you need more time to review your notes, I'm certainly going to give that to you.
MR. HENDERSON: If we can have a few more minutes on our notes.
THE COURT: Sure. Let me inquire about one more thing. Do you have any other persons that you want to bring in at this point in time for any follow up? Because the State, again, has 40, 49, 51 they want to follow up with.
MS. ANDREWS: 13, Judge.
THE COURT: 13? Anyone else, ma'am?
MS. ANDREWS: We're still going through the panel.
THE COURT: Sure. Just let me know. Yeah. That's fine. Just let me know when you're ready.
MS. ANDREWS: Thank you.
THE COURT: Appreciate it.
(In open court.)
THE COURT: The parties are going to continue reviewing their notes before we proceed with selection in this matter.
As addressed at the bench, we will begin with juror seated in Seat 1. The State will have the opportunity to accept or reject those persons seated in odd seats. Then it will proceed to the defense for all even seats to accept or reject. Both parties have ten peremptory challenges for the purposes of selecting our panel of six.
Once we have that panel of six, backstrikes will be permitted. If there are no backstrikes, we will then proceed with selecting as many alternates as possible.
When the parties are ready to proceed with selection, please let me know. We'll be off the record until that time.
(Pause.)
THE COURT: We're back on the record. Case No. 2020-CF-2603, State of Florida vs. Sarah Boone.
Let me get appearances for the State?
MR. CACCIATORE: Dave Cacciatore on behalf of the State.
MR. OWENS: James Owens for Ms. Boone.
MR. HENDERSON: Tony Henderson for Ms. Boone.
THE COURT: All right. Thank you very much.
The State has advised as to the juror numbers that they would like to follow up with, 40, 49 and 51.
Defense, do you have any juror numbers that you would like to follow up with other than 13?
MR. HENDERSON: Only 13, Judge.
THE COURT: All right. Let's go ahead and bring in juror in Seat 40, wearing Badge 201. And we'll stand when that juror enters.
(Venire Badge 201 entered.)
THE COURT: You-all may be seated. Thank you.
Ma'am, thank you so much, Juror No. 40, for coming back in. We've got a couple of follow-up questions to ask of you.
State, you may proceed. State, you may proceed. Thank you.
MR. JAY: Ma'am, I believe towards the end of Mr. Henderson's questioning, there was a question about potentially feeling uncomfortable or something to that effect?
JUROR: Yes. So it was mostly because of the time I have to be at pickup of my kids by 6:00. And if -- like, yesterday, I made it at 5:59. So if at any point we go over 5:00, then I would not be able to make it on time.
THE COURT: Any follow up?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. Thank you, ma'am.
(Venire Badge 201 exited.)
THE COURT: State, any position with regard to juror in Seat 40 at this time?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 40, wearing Badge 201, will be stricken for cause by way of stipulation.
Let's bring in juror in Seat 49, wearing Badge 192.
(Venire Badge 192 entered.)
THE COURT: Thank you. Everybody could be seated.
Juror No. 49, good afternoon, sir. We just had some follow-up questions to ask of you, okay?
State, you may proceed.
MR. JAY: Sir, I believe at some point during questioning, there was a point in time where you indicated you'd like to speak without the other jurors present; is that correct?
JUROR: I did, but to be honest, I can't recall the purpose.
COURT REPORTER: Microphone, please.
JUROR: My apologies. I did say that, and I don't recall in what respect that was to, other than my comment late yesterday afternoon.
JUROR: My brother.
MR. HENDERSON: Your brother?
JUROR: Okay.
MR. HENDERSON: And were there more details you wanted to share in private or --
JUROR: I just wanted to make sure that I wasn't omitting anything as we were discussing everything -- or as you were asking the questions. It happened so long ago that I didn't really bring it up at the correct time. I just wanted to make sure that everybody knew.
MR. JAY: Okay. Well, I understand that's the deeply painful experience that you went through and the rest of your family went through. That experience that you and your family and his loved ones and friends all went through with his loss, is that going to affect your ability to be fair and impartial in a murder trial, as opposed to -- there's lots of other trials you could have done. You're going to be excused today if you don't make this one. They're not going to make you do another trial, but are you --
JUROR: I'm not concerned with my ability for jury status. I do not believe that it will influence me because it was 30-odd years ago.
THE COURT: Any follow up?
MR. HENDERSON: No follow up.
THE COURT: Thank you, sir. I appreciate you.
(Venire Badge 192 exited.)
THE COURT: State, any position as to the juror in Seat 49?
THE COURT: Defense?
MR. HENDERSON: No motion.
THE COURT: Okay. Thank you.
Let's remain standing. We'll bring in the juror in Seat 51, wearing Badge 352 -- I'm sorry, 325, excuse me.
(Venire Badge 325 entered.)
THE COURT: You-all can be seated. Thank you.
Juror No. 51, good afternoon. We wanted to bring you in because we have some specific questions to ask of you.
State, you may proceed.
MR. JAY: Good afternoon, ma'am. Was there a certain point in time during questioning that you indicated that you wanted to speak to us without the company of the other jurors?
JUROR: There was, and I think it had to do with -- it was the personality mental stuff. Our daughter has had a lot of physical and mental health problems, has been diagnosed with multiple medical -- or, you know, mental illnesses. At one point she was diagnosed with borderline personality disorder, which I think they decided that wasn't it. So she's just had multiple diagnoses. I think that's the question that you had wanted clarified. I think there may have been something else, if so, I can't remember.
MR. JAY: That was my one note. And so my question is, potentially, in this trial, there might be testimony about disorders that are recognized by the DSM-5-TR, which is what, you know, your daughter would be diagnosed from. If there is testimony about that, either by civilians or by expert witnesses, is that going to present a problem for you to sit and fairly and impartially decide that testimony and evidence that you hear and see how it applies to this case and to this defendant and this decedent?
JUROR: I don't think my experience with my daughter would influence me. I think mental disorders can be complicated, though.
MR. JAY: Okay. All right. So just to phrase it a different way without going into the airplane ticket scenario that we used. We use that in every trial. Do you have any doubt in your ability to be fair and impartial if you hear that sort of testimony and evidence?
JUROR: No, I do not.
THE COURT: Defense, any follow up?
MR. HENDERSON: No follow up.
THE COURT: All right. Thank you, ma'am. Appreciate you. Just leave the microphone right in the seat next to you. Thank you.
(Venire Badge 325 exited.)
THE COURT: State, any motion with regard to juror in Seat 51?
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. Let's remain standing and we'll bring in the juror in Seat 13, wearing Badge 2130.
(Venire Badge 2130 entered.)
THE COURT: You-all may be seated. Thank you.
Juror No. 13, good afternoon, ma'am. We just had some additional follow-up questions to ask of you.
Mr. Henderson, you may proceed, sir.
MR. HENDERSON: Good afternoon, matam. I'll speak up.
THE COURT: The podium is right here, Mr. Henderson, front and center.
MR. HENDERSON: Good afternoon, ma'am.
JUROR: Hello.
MR. HENDERSON: I believe it was yesterday when it came up that you said that you're going to be testifying in a case --
JUROR: Yes, sir.
MR. HENDERSON: -- is that correct?
JUROR: Yes, sir.
MR. HENDERSON: Could you tell me what case that is?
JUROR: It's a case, the State against my ex-husband, for a domestic battery charge.
MR. HENDERSON: Are you the alleged victim in that case?
JUROR: Yes, sir.
MR. HENDERSON: All right. Due to the nature of this case and what you've heard in the questioning, do you think you can be fair and impartial?
JUROR: I think so, yes.
MR. HENDERSON: Excuse me?
JUROR: Yes.
MR. HENDERSON: Okay. Do you feel -- what's your relationship with the state attorney's office now?
JUROR: I don't have one.
MR. HENDERSON: Okay. Do you feel because they are representing you -- not really you, they're representing the State, but you're the victim in the case, does that give you any feeling that you have allegiance with them or anything like that?
JUROR: No. I would hope that this would have no impact, I'd assume so.
MR. HENDERSON: All right. Thank you, ma'am. I don't have any further questions.
THE COURT: Any follow up?
THE COURT: Thank you, ma'am.
(Venire Badge 2130 exited.)
THE COURT: State, any motions with regard to juror in Seat 13?
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: All right. You-all can be seated. Thank you.
Are there any additional cause challenges on behalf of the State?
THE COURT: Yes, sir.
THE COURT: Yes, sir.
THE COURT: Response?
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 2, wearing Badge 651, will be stricken for cause by way of stipulation.
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 22, wearing Badge 13, will be stricken for cause by way of stipulation.
MR. HENDERSON: I'm sorry?
THE COURT: 34.
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 34, wearing Badge 310, will be stricken for cause by way of stipulation.
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 44, wearing Badge 506, will be stricken for cause by way of stipulation.
MR. HENDERSON: Stipulate.
THE COURT: Juror in Seat 48, wearing Badge 4045, will be stricken for cause by way of stipulation.
THE COURT: Any additional cause challenges on behalf of the defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Okay. All right. I believe that leaves us with 38 potential jurors remaining if my math is correct.
We will begin with selection at this point in time starting with Seat No. 1, State, acceptable?
MR. HENDERSON: Judge, excuse me. Can we make some seating arrangements because -- I have to re-seat because --
THE COURT: Sure. If you need to move, go ahead, sir.
(Pause. )
MR. HENDERSON: Judge, we're ready.
THE COURT: Starting with Seat No. 1, State, acceptable?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: Seat No. 2 was previously struck for cause by way of stipulation.
3, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: 4, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: Any response, defense?
MR. HENDERSON: Excuse me?
THE COURT: Any response to the peremptory challenge as to juror in Seat 4?
MR. HENDERSON: None.
THE COURT: So stricken.
Seat 5?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: 6, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: 7, State?
THE COURT: Defense?
MR. HENDERSON: Perempt.
THE COURT: Any response, State?
THE COURT: That will be Juror No. 7, wearing Badge 380, will be struck by virtue of the defense's first peremptory.
8, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: Any response?
MR. HENDERSON: None.
THE COURT: Juror in Seat 8, wearing Badge 361, will be struck by virtue of the State's second peremptory.
9, State?
THE COURT: That's fine. Appreciate you.
Defense?
MR. HENDERSON: Acceptable.
THE COURT: 10 and 11 were previously struck by way of stipulation for cause.
12, defense?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: Juror in Seat 12, wearing Badge 837, has been struck by virtue of the defense's second peremptory.
13, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: I believe that we have a panel. Our panel currently is jurors in Se ats 1, 3, 5, 6, 9, and 13.
Any backstrikes, State?
THE COURT: Any response?
MR. HENDERSON: No response.
THE COURT: Juror in Seat 6 will be struck by virtual of the State's third peremptory.
Any additional backstrikes, State?
THE COURT: Any additional backstrikes, defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Picking up on 14, defense?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: We don't have a panel, sir.
THE COURT: No. We had six. Currently at 1, 3, 5, 9, and 13.
THE COURT: Juror No. 14, wearing Badge 537, will be struck by virtue of the defense's third peremptory challenge.
15, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: I believe that we have a panel. Our panel currently is 1, 3, 5, 9, 13, and 15.
Any backstrikes, State?
THE COURT: Any backstrikes, defense?
MR. HENDERSON: Can I confer with my client?
THE COURT: You may.
MR. HENDERSON: Judge, at this time, the defense would like to use a peremptory on Juror No. 1.
THE COURT: Any response, State?
THE COURT: Juror in Seat 1, wearing Badge 134, has been struck by virtue of the defense's fourth peremptory.
Any other additional backstrikes?
MR. HENDERSON: No, Your Honor.
THE COURT: Any additional backstrikes, State?
THE COURT: All right. Picking up with 16, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: I believe we have a panel. The panel is 3, 5, 9, 13, 15, and 16.
Any backstrikes, State?
THE COURT: Any backstrikes, defense?
MR. HENDERSON: Judge, can you read the panel?
THE COURT: I can, sir. 3, 5, 9, 13, 15, 16.
MR. HENDERSON: Confer with my client, please?
THE COURT: Of course.
(Pause. )
MR. HENDERSON: Defense exercises a backstrike on Juror No. 3.
THE COURT: Any response, State?
THE COURT: Juror No. 3, wearing Badge 899, has been struck by virtue of the defense's fifth peremptory.
Any other additional backstrikes, defense?
MR. HENDERSON: No, Your Honor.
THE COURT: State?
MR. HENDERSON: How many strikes do we have?
THE COURT: You've used five.
MR. HENDERSON: Okay. Thank you.
THE COURT: Any other additional backstrikes, State?
THE COURT: Picking up on 17, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: I believe we have a panel again. Jurors 5 --
MR. HENDERSON: I'm sorry, Judge.
THE COURT: Yes, sir.
MR. HENDERSON: I need to go back on 17 so we don't waste time. We are going to use a peremptory on Juror 17.
THE COURT: Any response?
THE COURT: Juror in Seat 17, wearing Badge 57, will be struck by virtue of the defense's sixth peremptory challenge.
18, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: Any response, defense?
MR. HENDERSON: None.
THE COURT: Juror No. 18, wearing Badge 7, struck by virtue of the State's fourth peremptory challenge.
19, State?
THE COURT: Defense?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: Juror No. 19, wearing Badge 891, will be struck by virtue of the defense's seventh peremptory.
20 was previously struck for cause.
21?
MR. HENDERSON: Acceptable.
THE COURT: I believe we have a panel. The panel is 5, 9, 13, 15, 16, 21.
Any backstrikes, State?
THE COURT: Any backstrikes, defense?
MR. HENDERSON: Confer?
THE COURT: Of course.
(Pause.)
MR. HENDERSON: None, Judge.
THE COURT: Okay. Our jury panel will be jurors in Seats 5, 9, 13, 15, 16, and 21.
We will proceed with selecting any alternates.
MR. HENDERSON: Judge, excuse me.
THE COURT: Yes, sir.
MR. HENDERSON: Could you announce the jury again?
THE COURT: I can, sir. 5, 9, 13, 15, 16, 21.
MR. HENDERSON: Thank you. I'm ready to proceed.
THE COURT: Thank you. Juror No. 22 was previously struck for cause.
23 for an alternate position, State?
MR. HENDERSON: Acceptable.
THE COURT: Okay. Juror No. 23 will be serving as our first alternate.
Moving to juror in Seat 24, defense?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: Juror No. 24, wearing Badge 235, will be stricken by virtue of the defense's eighth peremptory challenge.
25 was previously struck for cause.
26, defense?
MR. HENDERSON: Judge, I have a question on the process. We're at the alternates now?
THE COURT: Correct, sir.
MR. HENDERSON: So, at this point in time, I still -- it starts over because we have alternate challenges; is that correct?
MR. JAY: Yeah. The way I marked his down was defense alternate two, strike, just because it was our second alternate, but we should have as many alternate strikes as we alternate is what I believe our agreement is.
THE COURT: All right. That's fine by me. All right.
MR. HENDERSON: I don't think -- I thought I only had one alternate strike?
MR. JAY: It was -- I just marked as -- because we're shooting for alternate number two, so I'm trying to keep track of that --
MR. HENDERSON: I understand what you're saying. So I've used one alternate strike.
THE COURT: That's correct.
MR. HENDERSON: All right. I'm ready to continue.
THE COURT: 25 was previously struck for cause.
26, defense?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: 26, wearing Badge 165, will be the defense's second alternate peremptory.
27, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: Juror No. 27 will be our second alternate.
28, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: Juror 28 will be our third alternate.
29?
MR. HENDERSON: Acceptable.
THE COURT: It's the State's call. It's odd.
THE COURT: Any response, defense?
MR. HENDERSON: No response.
THE COURT: Juror No. 29 will be struck by virtue of the State's first alternate strike.
30 was previously struck for cause by way of stipulation.
31, State?
THE COURT: Defense?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: Juror No. 31 will be struck by virtue of the defense's third alternative strike.
32, defense?
MR. HENDERSON: Acceptable.
THE COURT: 32 will serve as our fourth alternate.
33?
MR. HENDERSON: Who is it on, Judge?
THE COURT: State. It's odd.
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: 33 will serve as our sixth alternate.
COURT CLERK: Fifth.
THE COURT: I'm sorry. I'm one ahead. I already wrote it in for five. I apologize.
34 was previously struck for cause.
35, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: Juror 35 will be our sixth alternate.
36, defense?
MR. HENDERSON: Perempt.
THE COURT: Juror in Seat 36 will be struck by virtue of the defense's fourth alternate strike.
37?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: 37 will serve as our seventh alternate.
38, defense?
MR. HENDERSON: Acceptable.
THE COURT: State?
THE COURT: We have an alternate panel, a total of 14. Our alternates are 23, 27, 28, 32, 33, 35, 37, and 38.
Any backstrikes, State?
THE COURT: Any response?
MR. HENDERSON: I'm sorry?
THE COURT: You said 35, yes, sir.
THE COURT: Okay.
MR. HENDERSON: No response.
THE COURT: Juror in Seat 33 will be the State's second alternate strike.
Any additional backstrikes, State?
THE COURT: Any additional backstrikes, defense?
THE COURT: 39 and 40 were previously struck for cause by stipulation.
41, State?
MR. HENDERSON: Perempt.
THE COURT: Any response?
THE COURT: Juror No. 41, wearing Badge 76, has been struck by virtue of the defense's fifth alternate challenge.
42 was previously struck for cause by way of stipulation.
43, State?
THE COURT: Defense?
MR. HENDERSON: Acceptable.
THE COURT: I believe we have our alternates. Our alternates at this time are 23, 27, 28, 32, 35, 37, 38, and 43.
Any backstrikes, State?
THE COURT: Defense, any backstrikes?
MR. HENDERSON: Confer?
THE COURT: Yes, sir.
(Pause. )
MR. HENDERSON: Judge, we're satisfied as to both the original panel and alternates.
THE COURT: Okay. So our alternates in this case will be Jurors in Seats 23, 27, 28, 32, 35, 37, 38, and 43.
THE COURT: Defense, do you accept the panel?
MR. HENDERSON: Confer?
THE COURT: Yes, sir.
(Pause.)
MR. HENDERSON: Acceptable, Judge.
THE COURT: Very good. Can the parties approach for a moment?
(At the bench.)
THE COURT: It's more of a matter of logistics because we're going to bring in the whole panel, I have inquiry of your client first, but we're going to bring in the panel. We have a full box, so where do you propose that we move our jury members? Because of the media participation, do you want me to ask them to move upstairs?
MR. JAY: I think we can just leave our 14 seated and swear them in there and just have the preliminary instructions, and then if there's anything more, the deputies need to tell them, they can do it in the jury room there.
THE COURT: Okay. So call everybody in, then name them out, and then we'll dismiss the balance of the panel, and then we can swear them in at that point in time. Is that acceptable?
MR. HENDERSON: Yes, sir.
THE COURT: Okay. All right. Very good. Thank you.
MR. OWENS: Judge, are you going to tell the jury to come back at 9:00 in the morning?
THE COURT: Yes, sir. That's the plan. I'm going to start my regular docket at 8:30 tomorrow so that we can start promptly at 9:00. The only other issue we're going to have to deal with tomorrow morning is the Richardson issue after that list is -- that culled down list of the 119 pictures needs to be provided to the State before 9:00 a.m. Then we'll have the Richardson hearing, and then we'll bring in the jury and begin open statements at that time, okay? Thank you.
(In open court.)
THE COURT: Ms. Boone, good afternoon, ma'am. I have a couple of things to go over with you before we bring in our panel.
You were previously sworn this morning. You've been present throughout the entire jury selection process that began on Monday. You've been seated at counsel's table either here in 23 alpha or 12 alpha of the Orange County Courthouse, and you've been able to observe the jurors during that entire process. Were you able to hear the questions asked of the jurors and their responses?
SARAH BOONE: Yes.
THE COURT: Did you confer with your counsel about who you wanted or did not want to be selected for your jury?
SARAH BOONE: I did.
THE COURT: Do you believe you were given a meaningful opportunity to participate?
SARAH BOONE: Yes.
THE COURT: Is there anyone that you wanted to keep that your lawyers struck?
SARAH BOONE: No.
THE COURT: Are you satisfied with your attorneys' performances so far in this trial?
SARAH BOONE: Absolutely.
THE COURT: Do you agree with the panel that has been selected for your case?
SARAH BOONE: Absolutely.
THE COURT: Is there anything you would like to bring to my attention at this time?
SARAH BOONE: No. Thank you very much.
THE COURT: When the Court reads the 2.1 preliminary instruction, defense, would you like me to read the defendant's right to remain silent section of same to our panel?
MR. HENDERSON: Yes, Your Honor.
THE COURT: All right. Thank you very much.
Anything else we need to address before we bring our panel in, State?
THE COURT: Defense?
MR. HENDERSON: No, Your Honor.
THE COURT: Okay. Let's go ahead and bring back in our panel. We will stand. Madam Clerk will identify them by their badge number, I will ask them to remain seated where they are and then we'll excuse the balance of the panel. I will give them an instruction. The Court will then read the 2.1 instruction and 2.1(a), note-taking instruction, and provide explanation for where we will be tomorrow morning.
So let's go ahead and stand and bring in our panel.
(Venire Panel 5 entered.)
THE COURT: State, do you recognize our panel?
THE COURT: Defense, do you recognize our panel?
MR. HENDERSON: Yes, Your Honor.
THE COURT: Thank you. You-all can be seated.
Members of our panel, we have been able to select a jury to serve in this case. Madam Clerk is going to call you out by your badge number, not the paddle number that you've been using all yesterday and today. Please stay in your seats when your badge number is called.
Madam Clerk.
COURT CLERK: Juror No. 295, Juror No. -- do you want them to stand?
THE COURT: Please. If you could stand when your badge number is called, please. Thank you.
COURT CLERK: Juror No. 9, remain standing. Juror No. 569, Juror No. 515, Juror No. 130, Juror No. 249. 249. Juror No. 448, Juror No. 110, Juror No. 306, Juror No. 33, Juror No. 519, Juror No. 2130, Juror No. 413, and Juror No. 102.
THE COURT: State, do you recognize the jury as selected?
THE COURT: Defense, do you recognize the jury as selected?
MR. HENDERSON: Confer?
(Pause. )
MR. HENDERSON: Yes, I do, Your Honor.
THE COURT: All right. Thank you. You-all could be seated. Thank you very much.
To the members of our panel that were not selected, I thank you so much for your time and your participation and your attention in this very important process. You have my thanks, the thanks of the lawyers, and the thanks of Ms. Boone.
It is entirely up to you whether or not you would like to discuss this case. You may do so or you may decline. That privilege is yours.
Please proceed now back to the jury assembly room where they will validate your parking, provide you your jury certificates, and give you further directions. Thank you. God bless you and have a great rest of the week.
(Venire Panel 5 exited.)
THE COURT: Those whose badge numbers were read out, please don't go anywhere.
COURT CLERK: I'm just going to do a role call.
THE COURT: You-all can be seated. Thank you.
COURT CLERK: Just going to do a role call. You don't have to stand, just raise your hand.
Juror No. 295, Juror No. 9, Juror. No. 569, Juror No. 515, Juror No. 130, Juror No. 249, Juror No. 448, Juror No. 110, Juror No. 306, Juror No. 33, Juror No. 519, Juror No. 2130, Juror No. 413, Juror No. 102.
THE COURT: Thank you. Members of our jury, I have a couple of instructions to read to you --
COURT CLERK: Have to swear them in.
THE COURT: Oh, yes. Madam Clerk needs to swear you in. So if you could please stand up and raise your right hands, please.
(Jury sworn at 4:47 p.m.)
JUROR: Yes.