2.Seated-Juror Elevator-Contact and Impact Inquiry
62 lines(At the bench.)
THE COURT: Yes, sir?
MR. OWENS: While I was coming up the elevator this morning, about 8:00 or so, I think there were two or three people going to different floors, but I pushed 12. There was already a couple of people in the elevator. I got in there with my suitcase and whatnot, but there was a black officer that came in late as it was closing. Said hey to him. Said, You got a trial today? Said, Yes. Said, Sarah Boone? He said, Yes. And I said, Let's get this done, and he nodded. Within just a minute, we started going up and one of the females turned like this and I saw she had a juror badge on.
THE COURT: Okay.
MR. OWENS: Brunette. I think she had a backpack.
THE COURT: Okay.
MR. OWENS: And -- so she heard that comment.
THE COURT: Is it one of ours?
MR. OWENS: Yes, I believe it is.
THE COURT: Okay.
MR. OWENS: There was no dialogue. Those were the statements I made. The officer just --
THE COURT: Okay. Well, I tell you what, let's do this. Let's bring our jury panel in, and if it's not her, there's no issue. If it is, we can approach and we can address it at that point in time. Does that work for everybody?
MR. OWENS: I just felt like I needed to say it.
THE COURT: No. I appreciate your candor. Thank you. And if it is her, we'll approach. And maybe if we have to have a dialogue with her individually, if that had any impact, we can address it at that point in time.
Okay. Thank you.
(In open court.)
THE COURT: All right. Any reason why we cannot bring in our jury at this time, State?
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: All right. Let's stand and bring in our panel.
(Jury entered.)
COURT STAFF: Jury entering.
THE COURT: Good morning. You-all may be seated.
State, do you recognize our jury?
THE COURT: Defense, do you recognize our jury?
MR. OWENS: Yes.
THE COURT: Can the parties approach for a moment?
(At the bench.)
THE COURT: Mr. James -- or Mr. Owens?
MR. OWENS: I don't believe she's in that group, but I'm not positive.
THE COURT: Okay. All right.
MR. OWENS: I don't know if you need to ask, Was anybody with Mr. Owens during the elevator?
THE COURT: You want me to ask, Mr. Jay?
MR. JAY: Yeah. Just, perhaps, a general question, has everybody been able to follow the instructions, stay away from the case?
THE COURT: Sure. Yeah, I can do that. Thank you.
(In open court.)
THE COURT: All right. Members of our jury, good morning. I want to just confirm before we start this morning that you complied with the Court's instructions last night to not have any conversations amongst yourselves or anyone else about the persons, places, things, or charge involved in this case and that you have not conducted any independent investigation regarding those items. You can just raise your hands to confirm that you complied with the Court's instructions.
All right. The record will reflect that all jurors have raised their hands.
Members of the jury, yesterday I told you that you may happen to see the lawyers in the courtroom or in the courthouse going about their affairs. And, again, they're not trying to avoid you or speak to you because they're not allowed to. Did anyone happen to ride an elevator this morning with any of the attorneys, either for the State or for the defense?
All right. Juror in Seat No. 3 from my left, first row. Yes, ma'am?
JUROR: I rode the elevator with the defendant's attorney.
THE COURT: Okay. Thank you.
Can you-all approach for a moment?
MR. OWENS: Judge, and I think somebody else did too.
THE COURT: Oh.
JUROR: I think it was (indicating).
THE COURT: And juror in Seat 4, left to right, first row, yes, sir? Who did you ride the elevator with?
JUROR: I think it was one of the lawyers.
THE COURT: Do you recall who specifically, sir?
JUROR: I believe it was him (indicating).
THE COURT: Mr. Owens?
JUROR: Yeah.
THE COURT: Okay. Thank you.
(At the bench.)
THE COURT: Do you want me to remove the panel and inquire of them one-by-one as to what they heard and any impact?
MR. JAY: I think, at most, it should be those two. And I'm deferring to the defendant, he's the one that's brought this up. I have no concerns about what was said and overheard if it was hypothetically any of these people.
MR. OWENS: JI would just ask them if they have any concerns that you want to address privately?
THE COURT: Sure.
MR. OWENS: And if not, we'll proceed.
THE COURT: Do you want me to ask them individually or in a group setting?
MR. OWENS: I say group setting.
THE COURT: Okay. All right.
(In open court.)
THE COURT: All right. Thank you both for your honesty. I appreciate that. Something we talked about earlier this week, that's the one thing that we will require and ask of you, is just be open and honest. And I appreciate both of you-all's open and honesty.
During riding the elevator, was there anything that you saw or observed that impacted you or influenced you in any way, to have any impact on you?
Juror No. 3, left to right, first row?
JUROR: No, sir.
THE COURT: Juror No. 4, left to right, first row?