2011.05.12 Jury Selection Day FOUR (Afternoon Session)

[lemon]

Ok so now he's FOR the DP?

He's been up there so long, he's had time to change his mind!

 

[gamom]

Why is AF even going over victim impact? It is not like the A's will get up there and talk about how much loss the suffered from Caylee's death. There will be no victim impact testimony for Caylee. So sad.

 

[GiantPickle]

really? someone can actually ignore a victim impact statement?

 

[KenoshaKid]

But a child HAS been killed in this case - either intentionally or accidentally. I don't get why it's a big deal that she said that?? What am I missing?

I think if she had drowned it wouldn't be referred to as being killed. I thought it sounded as if she meant she was murdered, not that she had merely died. Just my 2 cents.

eta (but I guess if she were killed by a lawnmower she'd say killed... now *I* am confused, LOL!)

 

[eaglemom]

5 min stretch break - then general voir dire

 

[hornswoggled]

Is there going to be a victim impact statement, and if so, WHO is going to give it? George? Cindy? Lee? And just who exactly do they consider the victim in this crime?

 

[daisy.faithfull]

Just got here, and I gotta say I'm bummed that ICA isn't wearing her Bump-It today.

I thought maybe the DT was going going to use their version of the Chewbacca Defense, the Snookie defense.

http://www.southparkstudios.com/clips/103454/the-chewbacca-defense

In a nut shell Johnny C. uses a picture of Chewbacca defense and proclaims to the "supposed defense" that it doesn't make any sense that Chewbacca is from a planet of midjet aliens. Since that makes no sense it doesn't make any sense that his client is guilty.

It makes no sense that Jersey Shore and Snookie are so popular. It makes no sense that ICA could think that a bump is appropriate for court. Hence, if the bum-it doesn't fit, the jury must acquit.

 

[JSR]

You made me crack up! I would always get mine all tabbed out just the way I liked.........and BOOM, time to do it all over again! Plus everyone would steel mine because I color code just like JB!!!!

I totally color code mine too! It's very useful. I think it's a good idea JB tries to color code but you gotta understand what the hell you're color coding.

 

[gamom]

He's been up there so long, he's had time to change his mind!

This defense can do that to you.

 

[Dr.Fessel]

I wish the guy would have asked the lawyer who killed the child.

 

[Omachka]

Brain development? Seriously?

Are they going to try and say that ICA's brain is not fully developed?

How are they going to explain the way that she is able to weave, create, relate, tell, and add to all of the lies, stories, and mistruths for weeks, and even months and years on end?

A person whose brain is not fully developed would never be able to keep up with all of the elaborately concocted falsehoods that ICA has been known to create.

No way.

All that and then I remember JB telling a reporter on one of the national news channels just how bright and intelligent KC is. :banghead:

 

[2goldfish]

But a child HAS been killed in this case - either intentionally or accidentally. I don't get why it's a big deal that she said that?? What am I missing?

I guess we all thought the DT was gonna try "accident and cover up" before they tried "well yeah she killed caylee but it wasnt her fault"

 

[MelissaLee]

But a child HAS been killed in this case - either intentionally or accidentally. I don't get why it's a big deal that she said that?? What am I missing?

Maybe a better wording for the DT would have been "In this case, regarding the death of a child..." Saying "In this case, a child has been killed" seems more to point to the acknowledgement of a specific/deliberate act by the defendant.

IMO. Hope I worded that right!

 

[3doglady]

But a child HAS been killed in this case - either intentionally or accidentally. I don't get why it's a big deal that she said that?? What am I missing?

I don't think you accidentally kill someone. The word "killed" implies to me that it was intentional.

 

[momtective]

The first two jurors 1340 and 1232 were asked to return for round 3. This is juror 1129 (the third juror)

I had to go out for a few hours...when I left they were 2 hours into potential juror #1...are they seriously on potential juror #3 right now? :banghead:

 

[lemon]

is your head spinning right now trying to follow my monotone voice?
yes sir
okay ...

Beuler... Beuler...
yes sir
okay

Honestly I do not think a yes sir offends her at all.
She calms me personally. I think I like her!

Hmm maybe she's trying to hypnotize them. Juror, you're getting sleepy. Very sleepy. When I snap my fingers KC will be innocent. 1...2...3...

 

[TigerBalm]

Mitigating Circumstances:
Age
Abuse- emotional, physical, sexual
Dysfunctional family
Brain development
Lack of maturity

Expert Psychologists

Victim impact statements, can you put that aside and base your decision on the law?


921.141 Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.—

(6) MITIGATING CIRCUMSTANCES.—Mitigating circumstances shall be the following:
(a) The defendant has no significant history of prior criminal activity.
(b) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance.
(c) The victim was a participant in the defendant’s conduct or consented to the act.
(d) The defendant was an accomplice in the capital felony committed by another person and his or her participation was relatively minor.
(e) The defendant acted under extreme duress or under the substantial domination of another person.
(f) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired.
(g) The age of the defendant at the time of the crime.
(h) The existence of any other factors in the defendant’s background that would mitigate against imposition of the death penalty.
(7) VICTIM IMPACT EVIDENCE.—Once the prosecution has provided evidence of the existence of one or more aggravating circumstances as described in subsection (5), the prosecution may introduce, and subsequently argue, victim impact evidence to the jury. Such evidence shall be designed to demonstrate the victim’s uniqueness as an individual human being and the resultant loss to the community’s members by the victim’s death. Characterizations and opinions about the crime, the defendant, and the appropriate sentence shall not be permitted as a part of victim impact evidence.

http://archive.flsenate.gov/statute...ng=&URL=0900-0999/0921/Sections/0921.141.html

 

[gitana1]

So we have abuse, sexual abuse, family dysfunction, immaturity, brain disease, youth, etc., as a possible defense. Either that or the defense is fishing to see whether these defense would fly.


Also, looks like they may have casey testify during the penalty phase only. I would never have predicted that.

And this guy is against the DP. Don't think the state will want him.

All interesting.

 

[jharres]

So what is the next phase? Is it just to strike or not to strike, or does it involve a whole other set of questions?

 

[Blue Jackets fan]

What's going on now?