Jury Selection

JUDGE NEWMAN: The number is called.

JUDGE NEWMAN: Thank you. Have a seat to your right, please. Juror 544. What say you for the State?

JUDGE NEWMAN: Yes.

JUDGE NEWMAN: We're going to have a conference with Juror Number 22 right here. If you will come here for a moment? We'll be at ease for a moment.

JUDGE NEWMAN: Yes, sir. How are you doing today?

JUDGE NEWMAN: Okay. Are you able to hear everything that's going on?

JUDGE NEWMAN: Okay. As far as following everything that's happened this morning.

JUDGE NEWMAN: I notice you sort of hesitated when they called your number to stand.

JUDGE NEWMAN: Did you know it was your number or just forgot or --

JUDGE NEWMAN: You're in good and shape ready to serve?

JUDGE NEWMAN: You're in good shape ready to serve?

JUDGE NEWMAN: How old are you now?

JUDGE NEWMAN: Eighty-three. God bless you. Questions by the State or the defense?

JUDGE NEWMAN: Thank you, sir. Just wanted to confirm since I saw you hesitated to get up.

JUDGE NEWMAN: But you sound good to me.

JUDGE NEWMAN: Oh, okay, good. Thank you, sir. You can go back and stand right where you -- in front of the bench and we'll see --

JUDGE NEWMAN: No. Right in front there by the clerk. He'll show you.

JUDGE NEWMAN: He's good to go.

JUDGE NEWMAN: Pardon me?

JUDGE NEWMAN: Two, four, six, eight -- that's the twelve. We'll proceed with alternates.

JUDGE NEWMAN: Strikes are one and two.

JUDGE NEWMAN: Strikes are one and two on each alternate.

JUDGE NEWMAN: Yes.

JUDGE NEWMAN: Are there any matters of law regarding the jury selection?

JUDGE NEWMAN: Ladies and gentlemen, you all have been selected to be the jury in the trial of this case, and I will speak to you all in a moment. First, I want to thank the other jurors who are here who have not been selected, so stand by. Ladies and gentlemen, I want to certainly thank you for your cooperation during these past three days and even before then when you received those questionnaires in the mail to complete. You have now complied with your jury service, and some of you are happy and some are sad that you weren't selected, but congratulations on having completed your jury service. Madame Clerk, do you have any information for them regarding work excuses, anything of that nature?

JUDGE NEWMAN: Thank you all, and you all are excused.

JUDGE NEWMAN: Will there be any matters before the jury is sworn?

JUDGE NEWMAN: Are there any matters before the jury is sworn?

JUDGE NEWMAN: All right, Madame Clerk, you may swear the panel.

JUDGE NEWMAN: Ladies and gentlemen, you have now been selected and sworn to well and truly try this case and render a true verdict according to the law and according to the evidence so help you God. And as long as you hold true to that oath, you will have in the end fully complied with your oath as jurors, and no one will have the right to complain about your verdict. We have taken the entire morning to get to this point. We have run into lunchtime. I will have a preliminary charge to give you before we get started this afternoon, but we're going to break for lunch in just a moment. As far as the jurors coming back and the parties being ready for opening statements, what says the State on a time you will be ready to go?

JUDGE NEWMAN: So, ladies and gentlemen, we're going to break for lunch, and I know the -- you'll go to the jury room and get acquainted with one another, and you'll be given some instructions by the bailiff. It is important for you to know that you are not to discuss the case with each other or with anyone else, and not to endeavor to find out any information about this case other than what you will see here in the jury -- in the courtroom. So, we're going to break now. Go with the bailiffs, follow their instructions, and we'll see you back at 3:00.

JUDGE NEWMAN: Everyone can be seated. In regard to the indictments that I will inform the jury about as to the specific charges in the preliminary instructions, or during the qualification, that is, where we informed the jury that the charges of murder, two counts of that, and there are two counts of possession of a weapon during the commission of a violent crime, the State called all of these cases, all of these indictments for trial.

JUDGE NEWMAN: Do you understand that as well, Mr. Harpootlian?

JUDGE NEWMAN: So, I have all -- each indictment and I will give the jurors a preliminary instruction based on all of that. Anything else before we break for lunch?

JUDGE NEWMAN: Yeah, what is it? It looks like a TV.

JUDGE NEWMAN: Obviously the lawyers, the defense, is entitled to see the jury at all times, and whatever problem that presents, they must have an unobstructed view of the jury. And evidence is being presented and if it blocks the defense view, then the defense will be moving around various places just a --

JUDGE NEWMAN: You should not have to do that.

JUDGE NEWMAN: Those are the logistics that typically would be worked out prior to now.

JUDGE NEWMAN: So, y'all have an hour and 35 minutes to work it out and work on it, but I agree with the defense. You have to be able to see the jury, and I can't figure it out. You all have to figure it out.

JUDGE NEWMAN: No. Yes, sir. Mr. Griffin?

JUDGE NEWMAN: Yes, sir.

JUDGE NEWMAN: The parties have consented to and asked the Court to approve an order sealing unduly sensitive exhibits. The Court hasn't signed the order but the Court has granted the order, or is granting the order and will sign it. It will speak for itself. The order states that there's a joint motion before the Court to seal photographs and graphically depicting the victims, sealing that evidence which is often accepted as evidence in the trial to protect the privacy and interests of the victims and families, and to prevent emotional distress to the victims' families, as well as to ensure both the State and the defendant receive a fair trial. And the Court will be ordering that all autopsy photographs, and crime scene photographs that -- and videos which graphically depict the victims to be filed under seal and not to be copied, reproduce, disseminated, or photographed, or otherwise made available to the public. Any party offering this evidence which the party seeks to have sealed shall prepare and file an exhibit placeholder describing generally the nature of the photograph or video being introduced. The Court will permit counsel for any media organization the opportunity to inspect sealed evidence at the conclusion of the trial, and to petition the Court to unseal any such evidence, and unless the Court issues such an order, the evidence shall remain under seal and shall not be disclosed to anyone other than the parties, their counsel, and court personnel. That order will be made available to the public, but that's exactly what it will say.

JUDGE NEWMAN: We'll be in recess until 3:00.

JUDGE NEWMAN: Anything before the jury comes in?

JUDGE NEWMAN: Anything before jury comes in?

JUDGE NEWMAN: If you'll bring the jury.

JUDGE NEWMAN: Yes, sir.