News about the site, jury selection process and latest news in Zimmerman and Arias cases

May 23, 2013

Thursday, May 23, 2013

Good afternoon:

Crane-Station and I are combining our websites, so you will be seeing her articles on a regular basis.

We are putting together a plan to live-blog each morning and afternoon session of GZ’s trial similar to the way we covered the last motion hearing. We will do the same for the hearing on May 28th.

I will post an article 30 minutes before each session to preview it and update everyone. The article will have a link to livestream coverage.

We are soliciting your comments and recommendations, so please let us know what you would like us to do.

We will use the hearing next Tuesday, May 28th, to fine tune our approach.

I do not yet know whether jury selection will be livestreamed. Hopefully, it will so that we can share our thoughts regarding each juror.

I have much to teach regarding the art of jury selection.

I hope the Court permits the public to link to the juror questionnaires for easy reference during individual voir dire, but privacy concerns may prevail over our desire to know as much as possible about each juror and make informed choices about cause and peremptory challenges. This also would allow us to more accurately evaluate the performance of the lawyers.

Individual voir dire, as the name implies, involves questioning prospective jurors individually out of the presence of the others in order to prevent their answers from potentially influencing or poisoning the minds of other jurors. For example, this is the only way to effectively question prospective jurors regarding what information about the case they have been exposed to, from what sources, and whether they have formed an opinion about the case, the guilt or innocence of the accused, and the lawyers representing each side.

Personal questions regarding whether anyone has been a victim of a crime or accused of a crime also should be asked out of the presence of other jurors. Whether we will be permitted to observe that process remains to be seen.

Keep in mind that there is no limit to the number of challenges for cause that each side may assert. A challenge for cause is a formal request to the Court to excuse a prospective juror on the ground that they cannot or will not follow the jury instructions, which will be the law of the case. For example, a prospective juror who says she cannot presume the defendant innocent, given what she knows about the case, would be challenged for cause by the defense and excused for cause by the judge. The same result would happen to a prospective juror challenged for cause by the State, if he said that he had already decided that the defendant was innocent because TM was the aggressor and he had a right to kill him.

On the other hand, if either or both prospective jurors expressed less certainty and said they could put aside their personal beliefs and base their verdict only on the evidence admitted by the Court, the challenge for cause would be denied.

This unhappy result for the party that lost the challenge for cause would probably result in the use of a peremptory challenge to excuse the prospective juror. With three important exceptions, the party exercising a peremptory challenge does not have to give a reason to support or justify the challenge. The three exceptions are race, gender and religion.

You can reasonably expect the State will object to the defense using a peremptory challenge against a Black prospective juror. To survive the challenge, the defense will have to convince Judge Nelson that they have a reason independent of the prospective juror’s race to support the challenge.

Unless Judge Nelson increases the number of peremptory challenges, each side will get 3. A 6-person jury will decide the case.

For more information, click on Jury Selection in the Categories column on the right side of the web page or click here.

Finally, here’s a link to the latest from the Orlando Sentinel: New evidence in George Zimmerman case: Trayvon texted about being a fighter.

Rene Stutzman and Jeff Weiner breathlessly write:

The text messages about fighting may be the most damaging to the state.

Zimmerman says he acted in self-defense when he shot Trayvon, an unarmed black 17-year-old, in Sanford, Feb. 26, 2012.

Zimmerman described Trayvon to police as an aggressive young man who punched him, knocking him to the ground then climbed on top and began hammering his head onto a sidewalk.

In one text message Trayvon sent Nov. 22, 2011, he wrote about his unnamed opponent, “he got mo hits cause in da 1st round he had me on da ground an I couldn’t do ntn.”

In another text send Dec. 12 he acknowledged earning a reputation in the neighborhood – although because words were blacked out, it’s not clear what his reputation was. His reputation came, he wrote, because of “Duh way I fight nd duh golds (teeth) I had last year.”

Trayvon’s text messages also show that he was interested in guns. A few days before the shooting, he wrote an unidentified friend, “U wanna share a .380”

And about a week before that, he texted a young Miami woman who’s been described as his girlfriend, “U gotta gun?”

Her response: yes, although she did not have possession of it. “It my mommy but she buy for me,” the young woman wrote.

On November 22, 2011, three months before he was killed, he wrote a friend that his mother had ordered him to move out and that he had gotten in trouble for cutting classes.

“I promise my mom just told me I gotta move,” he wrote. Two minutes later, he wrote, “Da police caught me outta school.”

Circuit Judge Debra S. Nelson must now decide whether to allow jurors to learn about the text messages and photos. In paperwork filed earlier this month, Assistant State Attorney Bernie de la Rionda asked her to ban them, describing them as irrelevant.

Latest word on Jodi Arias: Jurors resumed deliberations this morning after reporting yesterday that they were deadlocked.

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Thank you,

Fred


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