Tuesday, May 10, 2011

Jury Selecton, DAY 2

  Day two of jury selection begins. Yesterday , the court interviewed 66 jurors, 45 dismissed for financial hardship and 21 will return for further questioning.Jurors are still being question in regard to hardship. Most jurors are being released for financial hardship.Thirty dollars a day is not much money. I have always worked for a hospital They pay us our wages minus jury pay.
Casey is showing no tears today.
Jose Baez complains about technical issues in regard to microphones. He is complaining that his conversations are ending up on Internet. Judge Perry explains to him which microphone are off and on.
Judge Perry disables microphones that are behind counsel seating and suggests "Be careful what you say, this is a public courtroom. People have ears." I love Judge Perry. Baez says he sometimes have to "speak up" Judge Perry disconnects microphones at counsel tables
.Juror 90 stats this case "hits very close to home" "I have pre-judged her 4 years ago" Judge Perry asks what it her judgement. "Guilty." states Juror 90. She is dismissed.
Juror 1281, (91?)is a Critical Care RN and  brings letter from  employer, Bayfront Medical Center. The letter states it would be "hardship" for RN to be juror. Letter is from Human Resource manager. Therefore, my previous thought that hospitals pay jurors their lost pay is given to nurse is not a valid argument. However, I guess Bayfront is one of the few that do not provide benefit.
Juror 94, is a minister and states he cannot serve because "because people call him at night for prayer." Hardship ruling denied. He will be called back for second round of questioning.
Juror 101 desires to  be dismissed because he is studying for LSAT. He is planning to take written test in October. He states if he served it would derail his education up to a year. He is paying student loans.He is not excused.
Fifty more jurors are to arrive at courthouse at 1pm. Assumedly, it is because most of the original 105 jurors are dismissed due to "hardship."
Recess until 130P However, then the prosecutor stands up  and states FBI can provide 464 chemicals of decomp that can be found in air sample.  Jose Baez previously stated that the scientist from Virginia said it was "privately owned." Apparently, this is not true.  Judge Perry asks Jose Baez did he ask "what intervals" chemicals are released.  Judge Perry questions him "did you not have opportunity to ask him during disposition." "Did you ask and he refuse to answer? " Judge Perry instructs him to show him page and line in deposition where question was asked and he refused to answer. He notifies Jose Baez "not asking does not mean suppression." Gotta love, love , love Judge Perry
UPDATE: The former attorney for parents state Casey will testify. Surprised, yes. Likely? In my opinion, NO.
Juror 1098 excused do to hardship. (He cannot get refund on airline or change flight for free.)
Casey looks like the loneliest person in the world. She rarely speaks to attorneys and they rarely talk to her. She does not accept visitors in jail. She is in protective custody and does not interact with other jail mates. While on recess, everyone leaves and she sits alone with deputies at bay.
Judge Perry, asks new jurors if anyone approached them in jury holding room, and asked them about case.He asks for "show of hands." He then asks attorneys to come to stand. Everyone stands and faces potential jury pool.We are unable to see if hands are raised. . However,  he has jurors return to jury holding room.Apparently, he dismissed new jury pool.  Everyone stands  in courtroom.  Casey is obviously distressed and "sighs." They turn seats toward judge now. It is reported that a dozen people raised hands. Judge returns. He states he is requesting jurors to report on Wednesday. Apparently, 50  report tomorrow. He is going to meet with staff to "put some things in place." Is he going to have jury pool monitored in holding room.
,Before this happened with this group being close on Thursday"( to have jury selected.) They will meet until Saturday and he will have potential pool for Monday. Trial is supposed to start on Tuesday.
Update , the potential juror 1417,(99), teacher who is searching for new job, is discharged per 'hardship."
Judge Perry is addressing Jose Baez about the 468 chemicals in decomp. Prosecution has not received Fax from FBI. Attorneys at stand. Microphones are plugged in. Jose Baez states that if they are going to disclose the chemicals as basis for guilt they need release time intervals. Sigh.Jose Baez will not give up. He states the decomp chemicals that were not released until 9 days after study, then it may not be accurate. "If Dr Vass, testifies these chemical compounds are indicative of an early decomp event and does not state why that his opinion it diminishes OUR ability to cross examination." He is debating that Dr Voss study is not the same as other studies. He is objecting to the state of Florida using Dr Voss as an authority. He is asking for Dr Voss studies to be "verified."  He is stating that with no other scientist achieving same results it would be unable to cross examination effectively.
Prosecution stands and states that Jose Baez is compelling the state to provide information they do not possess. The prosecution states that the FBI is available to both sides and Baez can obtain all the information he requests. The FBI has provided all information Baez has requested. The list of 468 compounds will be provided to Baez. Mr Baez has not made attempt to obtain information himself. Prosecution states that Mr Baez is under the perception that information is only available to prosecution, in fact, Mr Baez is able to request and and all information himself.
Mr Baez is like a "dog with a bone" on the decomp issue. Could it be the nail in Caseys' Coffin?
Judge Perry is not "having it." He reminds Baez that the court has gone over this and  response to motion rendered.  The court can not be responsible if defense does not ask questions during deposition. Prosecution will provide 478 (now 478) chemicals, defense. Motion to compel denied.
Judge Perry will allow Defense to question Dr. Voss per telephone. Mr Baez states he did take deposition. Apparently, Mr Baez wants Dr. Voss' study on decomp which Dr Voss states proprietary. Judge Perry sites a court case Marsh vs Value. He states case was released 3 months ago. Again, Judge Perry is a smart dude. Gotta love him. Judge Perry points out to  Jose Baez he has 4 lawyers including Attorney Sims who is a forensic science. Jose Baez keeps talking and discussing reliability of study. Judge Perry states he has ruled and for the umpteenth time tells him he can dispose him again. Jose Baez brings up next motion in which he raises concern with Oak Ridge National laboratory. Judge Perry states he has not read it. Recess for 10 minutes. Attorneys to meet in judges office.
Judge Perry returns and rules on Jose Baezs' motion to exclude testimony from Oak Ridge National Laboratory. Judge Perry points out to Jose Baez his order was for Vass to testify  opinion of gas chromoticgraph  and "other instrument." Miss Fry (attorney for Casey) asks for clarification  of Judge Perrys ruling of "common sense in olfactory issues." Judge Perry states he does not answer questions but he will indulge her Casey's team wants the methodolgy of study released. In other words, how did they get the results of scientific study. Attorney Fry asks for rehearing on issues and asks Dr. Vass testimony to be "thrown out" because prosecution  has not met its' burden. Judge Perry goes over supreme court ruling.  Cut to commercial.

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