Juror 40's Testimony from Nov. 17 Hearing - WSFA.com Montgomery Alabama news.

Juror 40's Testimony from Nov. 17 Hearing

Juror 40 (From transcript of hearing conducted on Nov. 17, 2006)

BY THE COURT:

Q. Good morning.

A. Good morning.

Q. If you would adjust yourself so that you can speak into the microphone and I am going to ask you a series of questions, so just bear with me. I hope to cover everything that you want to make known to the Court, and if there's anything that I don't ask you I will give you an opportunity to make that known to the Court if you believe I have missed something.

A. Okay.

Q. Let me start off by keeping this a sequential hearing. And I appreciate you being here. I am going to refer to you by your juror number, and you are Juror Number 40.

A. That's correct.

Q. All right. And in front of you is a list of all of the other jurors who served in this case and their juror numbers so that if there's any question that I ask that requires you to disclose the name of any juror during the course of your service as a juror in this case, that you refer to them by their juror number -

A. Okay.

Q. - and not by their name. And that is intended to protect not only your identity but theirs as well. Let me begin by asking you to look at what has been marked as Court's Exhibit Number 6. Do you recall seeing that before today?

A. Yes.

Q. And do you recognize that as the subpoena that was served upon you to appear in court and testify today as a Court's witness?

A. I do.

Q. All right. I am going to ask you a series of questions and if you, again, have any responses that would require that you disclose the name of any other juror, do so by referring to them as their juror number. I apologize for being so informal about it, but again, I want to reiterate that we are here not to embarrass you or to have anyone think that they are in trouble for anything that they have done. This is an important part of the process and I want to be very deliberate in going through it. Okay? Did anyone other than another juror try to influence your thinking about this case or your vote on the substantive counts against any Defendant?

A. No.

Q. Do you have any reason to believe that any other juror was subjected to attempts to influence his or her thinking about the case by anyone other than another juror?

A. No.

Q. Did anyone other than another juror attempt to discuss the case with you during the time you were a juror in this case?

A. No.

Q. During the time that you were serving as a juror did you view or did you hear any news reports or other information relating to this case or to any Defendant from sources such as newspapers, magazines, radio or television broadcasts or any Internet sites?

A. I saw a headline on an Internet site and I did not read the article but I did see the headline.

Q. Let me ask you to tell me if you could what Internet site you recall seeing that headline on?

A. I believe it was the Montgomery Advertiser.

Q. And do you recall when it was during the course of your service that you saw the headline on the Internet site?

A. I don't remember. I couldn't specifically place the date.

Q. I am not asking you to place the date. Was it during the course of the time that you were serving as a juror but before you began your deliberations, or was it after you began your deliberations and before the verdict was returned?

A. The only thing I can tell you it was after the time that Faulkner got their accreditation because that's what I was looking at.

Q. Okay. And other than seeing the headline on the Internet site of a local newspaper did you read anything else or did you hear anything about this case during your service as a juror?

A. No.

Q. Why were you looking at the Internet - strike that. You have a right to look at the Internet. Did you ever hear or see any other reports about this case from any other sources other than that Internet headline that you have just described?

A. No other media sources, no.

Q. Do you recall what the headline was that you saw?

A. I don't.

Q. do you recall if you discussed that with any of the other members of the jury?

A. I did not.

Q. You did not?

A. I did not.

Q. During the time that you were serving as a juror did you view or did you hear any material from any books, newspapers, Internet sites or any other source relating to any witness, any legal issue or any factual issue relating to this case?

A. I did not.

Q. During the time that you were serving as a juror did you in any way attempt to independently investigate any facts or law relating to this issue?

A. I did not.

Q. During the time that you were serving as a juror did you overhear any conversations between persons not on the jury or between non-jurors and any member of the jury relating to this case?

A. I did not.

Q. During the time that you were serving as a juror did you view or hear any extraneous information about the penalty that might be applicable to any Defendant if he was convicted of the charges in this case?

A. I did not.

Q. During the time that you were serving as a juror did you obtain extraneous information from any source about your role as a juror, jury service generally, or the role of the foreperson to a jury?

A. I did not.

Q. During the time that you were serving as a juror did any other juror say or do anything that caused you to believe that he or she had been exposed to extraneous information about this case from any source?

A. They did not.

Q. There has - and I will say to you that this Court has heard testimony that there have been some jurors who have indicated that Juror Number Seven, the foreperson, indicated that he looked at information about the role of a foreperson. Do you recall that ever being discussed in your presence?

A. I don't recall it being discussed in my presence, no. Not during -

Q. Up until and including June 29th, 2006, do you ever recall that being discussed while you were serving as a juror?

A. No.

Q. During the time that you were serving as a juror did you view or hear any extraneous information about either the law applicable to this case or any factual material relating to this case?

A. No.

Q. Now, on your subpoena, exhibit - Court's Exhibit 6, there's a section that requires that you bring with you any documents that are reflected in the portion of that exhibit that describes the documents that you are to bring with you. Have you brought any documents with you in response to the subpoena relating to any extraneous information that I have discussed with you?

A. I have.

Q. Let me see what you have.

A. (complies)

Q. For the record you have handed me a manila folder that has several documents stapled together, and then it appears that it is a copy of the subpoena which is marked Court's Exhibit 6.

A. That's correct.

Q. Are there any other documents that you have?

A. No, sir.

Q. I am going to have Ms. Gregg mark the other portion of this folder as Court's Exhibit 6-A. I am going to give you back your folder. (complies)

Q. You now have before you Court's Exhibit 6 which is the subpoena and Court's Exhibit 6-A which is a document that you handed to me.

A. That's correct.

Q. Tell me what Court's Exhibit 6-A is.

A. It is a copy of the indictment from the -- from this Court for this case.

Q. Where did you get that?

A. Off of the Middle District of Alabama Web site.

Q. Do you recall when you retrieved that document?

A. The weekend after we began deliberations.

Q. Was a copy of the indictment provided - or was not a copy of the indictment provided to the jurors during the deliberation in this case?

A. It was.

Q. Was the indictment to your knowledge that was provided to the jury different from what you have identified in Court's Exhibit 6-A?

A. Not to my knowledge.

Q. What was the purpose of you downloading Court's Exhibit 6-A at the time that you did?

A. I just, you know, thought that it would be nice to have an opportunity to read the indictment. When you are in deliberations you are constantly discussing and talking and you don't really get an opportunity to sit and read a document, especially of this length.

Q. Did you bring a copy of Court's Exhibit 6-A or did you bring the original of Court's Exhibit 6-A into the jury room with you during the deliberation process?

A. I did not.

Q. Did you discuss the fact that you had looked at anything on the Court's Internet site relating to this case with any member of the jury in this trial?

A. I may have mentioned it.

Q. And do you recall what you may have mentioned?

A. Not specifically. I just - that I had seen a copy of the indictment on the Web site.

Q. Do you recall how much time that you spent describing what you saw on the Internet site?

A. A minute, maybe.

Q. Did anyone ask you to show them what you looked at?

A. No.

Q. Did anyone question you about what you had looked at?

A. No.

Q. Did you have an opportunity to look at the indictment that was provided to you as part of the deliberation process and that was in the jury deliberation room in this trial?

A. I did.

Q. Did it appear to be the same as what you have described as Court's Exhibit 6-A?

A. I didn't notice any - honestly I downloaded this and then I really - you know, I may have skimmed it once but by the time we would leave court we were tired and I usually went home and went to the gym and went to bed so I really didn't look at it.

Q. You said that you downloaded it over the weekend as y'all deliberated. Now, you deliberated in this case if my memory serves me correctly for almost nine days.

A. That's correct.

Q. So that would have included at least one weekend.

A. I believe it included two.

Q. I am just saying it had to have included at least one, and I don't recall. It was the first weekend that you looked at it on the Court's Internet site?

A. Yes.

Q. And at any time after that weekend did you ever bring that copy of that exhibit or that exhibit's original into the jury room?

A. I never brought any document into the jury room.

Q. Do you ever recall seeing any other documents anyone else brought into the jury room outside of what the Court sent back for you to consider?

A.  I never saw anybody bring any other documents - any documents into the jury room.

Q.  Did you ever hear of anyone discussing anything that they may have looked at or heard reported in any media, newspaper, Internet sites, radio or television about this case?

A.  I didn't hear anybody talk about anything like that, no.

Q.  Is there anything I have not asked you about that you wish to tell me?

A.  I don't believe so.

Q.  Have I covered everything that you believe that you have looked at that is covered in Court's Exhibit 6, which is the subpoena?

A.  Yes.

Q.  If you would leave Court's Exhibit 6 and 6-A, you may step down and you are free to go.

A.  Thank you.

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