2011.05.12 Jury Selection Day FOUR (Afternoon Session)

[jharres]

Wow, HHJP: So when did jurors suddenly become witnesses???

 

[Amster]

ugh...don't make jury smell anything....just don't.

 

[MissJames]

He's the one who wrote office policy....

The one who wrote the policy about no pay for Jury duty?
No wonder he was kept waiting all day :floorlaugh:

J/K I'm sure HH would not do that :innocent:

 

[Marple]

The state wants introduce four preserved unopened cans with swatches. Judge is asking for foundation to equate smell with decomp. Judge hopes they have some case because Jurors are NOT witnesses. What you are doing is not asking the witness to judge something you're asking them to become lay witnesses. Still, says they may have some case which says that, so they need to bring it before questioning the jurors.

(pretty sure she said swatches... from the carpet, I suppose)

 

[epiphany]

Judge: jurors are not lay witnesses...that strangely sounds like lay opinion testimony to me

 

[Apex-mom]

he wants case law .... this may deal with 'lay opinions'... might need a foundation to do this, he's not sure

 

[LyndyLoo]

I would have came in this morning...waiving it. :truce:

LOL IFFFFF he was smart..He would have completed his day at work, then come over to the courthouse.....But who knows what he did:waitasec:

It appears they are going to adjourn soon...Now going into "Smell Testimony/Question"...Doesnt look like Pros. is going to be able to ask that question?? BUTTTTT They have to come up with "Case Law" to prove it is allowed for Juror questionings...

Salut My friends..will catchup with ya all tomorrow

 

[21merc7]

Whew. Thank you again Judge P.

 

[lishac23]

Judge P...."be prepared not to be able to use those cans"

 

[strawberry]

Good..now the State has time to come up with a good argument for allowing it in.

 

[Eidetic]

For some reason, imagining smelling Caylee's decomp just got me really emotional and I do feel for these jurors.

My stomach did a cartwheel too.

 

[epiphany]

It's not what t court is thinking? we dont want t jurors to become physically ill. purpose isnt to identify decomp. t purpose is for t jurors to identify trash.

 

[Apex-mom]

JA says purpose is to prove to jury that this is NOT TRASH!! GENIUS!

 

[MissJames]

The state wants introduce four preserved unopened cans with swatches. Judge is asking for foundation to equate smell with decomp. Judge hopes they have some case because Jurors are NOT witnesses. What you are doing is not asking the witness to judge something you're asking them to become lay witnesses. Still, says they may have some case which says that, so they need to bring it before questioning the jurors.

They don't need it ,so I hope they have a foundation or they drop it.
Of course,if Dr. Vass comes in,perhaps they will have he one he used as an exhibit?

 

[YellowSubmarine]

I LOVE JEFF ASHTON!

"The defense claims it's common garbage. Anyone can smell common garbage"

 

[Marple]

JA wants the jurors to judge rather the smell is garbage, not necessarily that it is decomp. Just that it's NOT garbage because everyone has smelled garbage before. JA says they can conclude this is NOT garbage and is something else. HHJP not sold.

 

[Apex-mom]

HHJP "I am willing to be persuaded but I am not sure"

 

[Rallihanna]

Well- at least they're finding it out now so they have plenty of time to come up with case law.

 

[KaylynnCouture]

JUROR RECAP #1398- Female, 68 years old.

Pretrial Publicity: *Has not followed the case closely, but is aware of it. *Doesn't get the newspaper at home, doesn't read news on the internet. *Watches Bay News 9 in the mornings sometimes, and CNN occasionally. *Has heard "blurbs" about the case, but doesn't remember much of what she's saw/heard since it was in 2008. *Doesn't watch HLN, Nancy Grace, Geraldo, etc. *Hasn't formed any opinion on the case- believes she can be unbiased. *Hasn't seen any of the state attorneys or defense attorneys on TV. *Not worried about post-trial media attention.

Death Penalty Stance: For it. *Says "I value life and I also value our criminal justice system". *Doesn't have strong feelings one way or another. *Says she "accepts the fact that there are times it has to be done." *Doesn't necessarily think the DP is wrong, depending on the circumstances. *Doesn't belong to any religious group or political group but says her "faith is very strong". *Very decisive- wouldn't let jurors sway her and wouldn't sway them. *Would consider abuse, behavior, age, family history, brain developmental problems, maturity, all as mitigating circumstances.

Misc.: *Works as a crisis counselor (has for 35 years). *Prior to that, she was a pediatric nurse in a hospital setting. *Has to set aside her own feelings/opinions/frustrations on a daily basis for her job. *Turns 68 years old next week. *Has vacationed to Orlando (Disney)-never lived there. *Has been on a jury 2 other times (both criminal cases- 1 murder trial of a teenager/drug deal gone bad and 1 drug dealer case) one in FL and one in NY. *Doesn't know any crime victims. *Has smelled a decomposing body before (been present at bedside deaths during her hospital career and had to transport bodies to the morgue). *Never been involved in any civil or litigation cases/trials.

Family: *Married. *2 children and 3 grandchildren. *Grandchildren live out of state (NY)-only sees them twice a year.

State: No objections. Defense: No objections.

Asked to come back for next round.

 

[Openmyeyes]

Ashton is my hero!!!!!!!! He explained very nicely in my opinion, HHJP doesn't think so. He doesn't like it. Per Ashton, we've all smelled garbage....