Judge Whitaker is on the bench and clarified that Detective Thorpe can’t testify about the Shannon Stillwell statement like the state planned to, after she reviewed the transcript.
After that, Whitaker read an email from a juror asking to be removed from the case based on the length of the trial and based on “how the state has handled this case I can no longer be unbiased towards any decisions moving forward.”
“Yesterday provided a glimpse on how the state presented its evidence and I foresee another 3 to 6 months with the remaining defendants,” Whitaker continued reading from the juror’s email.
It appears the juror meant to sent a different email asking to be removed from the case based on the length of the trial and telling them that they would be “biased” towards any decision moving forward based on how the state presented its case Monday.
Whitaker said this is the same juror who asked to be removed from the case a few months back and provided no reason whatsoever so she just ignored it.“I think this is just a ploy to get off a case that he is sick of being on because it’s taking up his time,” she told attorneys.
Attorney Schardt said they would have no objection to informing the juror that it might not be 3-6 months of trial left or whatever he said.“It will fair to say that we have no expectation that it will be another 3-6 months,” Whitaker said.
Deputy DA Hylton brought up concerns about the juror being impartial towards the state but Whitaker said he didn’t say that and that he would be “biased” towards any decisions moving forward.
“Frankly, you have to start a case unbiased but as you listen to the evidence, as long as you don’t deliberate with anybody you can mull the evidence in your own mind,” Whitaker said. “Frankly, if y’all are presenting the case in a way that it’s driving a juror crazy it’s on you.
Whitaker is bringing out juror #56 to address his email and allow attorneys to ask him questions.
"It is almost certain that this trial will be over far before 3 to 6 months have elapsed," Whitaker told the juror. "I think it's probable it will be before the end of this year.”
The juror clarified that he would be biased on any decision due to the length of the trial and after being initially told that the case would last 6 months to a year and it's already been more than a year since they were selected and seated.
The juror said if the court is ensuring that the trial will be over this year, he would be open to staying on the case.
Whitaker asked if he can still consider the evidence with an open mind and the juror replied that he could "given the information we just discussed" about the length of trial.
The juror said he can make his decision on the case based on the law and evidence presented rather than on anyone's presentation style.
None of the attorneys had a question for the juror.
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