Juror 38's Testimony from Nov. 17th Hearing - WSFA.com Montgomery Alabama news.

Juror 38's Testimony from Nov. 17th Hearing

Juror 38

BY THE COURT

  1. Good morning.  Let me start off by again thanking you for your appearance today.  I have handed you what has been marked as Court's Exhibit 2, and I believe you have already seen a copy of that or that is the original that was presented to you before today's date.
  1. Yes, sir.
  1. And as I described for you in general terms, I am going to be referring to you by your juror number, and for the record you are Juror Number 38; is that right?  If you need to review the list in front of you to make sure that that is your juror number corresponding with your name.
  1. Yes, sir.
  1. I don't mean to be impersonal but I will be referring to you as Juror number 38 for your privacy.
  1. Yes, sir.
  1. I am going to ask you a series of questions and I would again reiterate, I am not here to intimidate you or to harass you in any way, I just merely want to know what you know about the scope of what the Court has described for you, the purpose of the hearing today.  And if you have any responses just be as candid with the Court as you possibly can and I will follow up with you about those responses that you have any information about.  First of all, in your receipt of Court's Exhibit Number 2 it requires that you bring with you any documents that are described, and they go through subsections A through G about any documents relating to information that you may have received in this case.  Did you review that subpoena?
  1. Yes, sir, I did.
  1. Do you have any documents that you have -
  1. No, sir.
  1. - been exposed to or have possession of or were aware of that you have with you here today?
  1. No, sir.
  1. I am going to ask you a series of questions, and again, answer them as candidly as you possibly can.  My first question, did anyone other than another juror try to influence your thinking about this case or your vote on the substantive counts against any Defendant?
  1. No, sir.
  1. 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 -
  1. Not to my knowledge.
  1. - during the normal deliberative process?
  1. No, sir.
  1. did anyone other than another juror attempt to discuss the case with you during the time that you were a juror in this case?
  1. No, sir.
  1. 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 any Defendant from sources such as newspapers, magazines, radio or television broadcasts or any Internet sites?
  1. No, sir.
  1. Intentionally or unintentionally?
  1. No, sir.
  1. 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 sources relating to any witness, any legal issue, or any factual issue relating to this case?
  1. No, sir.
  1. 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 case?
  1. No, sir.
  1. During the time that you were serving as a juror did you overhear any conversations between any persons not on the jury or between non-jurors and any member of the jury relating to this case?
  1. No, sir.
  1. During the time that you were serving as a juror did you view or did you hear any extraneous information about the penalty that might be applicable to any Defendant if he was convicted of the charges in this case?
  1. No, sir.
  1. During the time that you were serving as as juror did you obtain any extraneous information from any source about your role as a juror, jury service in general, or the role of the foreperson?

A.  No, sir.

  1. 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?
  1. Yes, sir.
  1. Tell me what you know about that.
  1. There was one of the jurors said that they had been on the Internet and - well, it was like one of the TV stations had all the proceedings was on the Internet, you could go read it, and that was mentioned.  And that's the only thing that I know of that they had read what was going on in the court.  I mean it wasn't anything else besides what had happened here.
  1. And let me ask if you would to refer to the person who may have discussed that with the jury in your presence by their juror number.  And they are listed for you.  And if you would identify who it was that indicated that they had looked at any news sites, any Internet sites or any other reports about this case.
  1. Juror Number Seven.
  1. Juror Number Seven.  And that's the foreman of the jury.
  1. Yes, sir.
  1. Or the foreperson of the jury.
  1. Yes, sir.
  1. Can you tell me what he said to you about what information that he had been exposed to?
  1. Well, you had given us a pamphlet or gave the foreman a pamphlet explaining the different laws and stuff, and it was brought up one day -
  1. Was that part of the Court's instructions to the jury?
  1. Yes, sir.  It was brought up one day that one of the jurors had - well, we'd each like to have one of those, you know.  And he made the statement, said well, you can go on the Internet and get it.  Said all this stuff is on the Internet.  And it was brought up to him then well, why are you looking on the Internet.  He said well, there's nothing on there that we are not hearing right here anyway.  And then later on he came to you and had those copies run off so each one of us would have one.
  1. Did he explain or did he make any statement that indicated that he had researched any information about this case?
  1. No, sir.  I mean as far as what depth he went into it, that I can't say, sir.
  1. Did he discuss that with the jury -
  1. No.
  1. - about what depth he went into?
  1. No, not to my knowledge.
  1. And all of you were there together when you were deliberating, were you not?
  1. Yes, sir.
  1. And Juror Number 38, when you were there together and Juror Number Seven indicated that he had looked on the Internet, did he indicate what he had looked at?
  1. He didn't bring up specific details, no, sir.
  1. Did he bring any documents from any outside source into the jury room?
  1. Not that I know of.
  1. Did he ever show anyone any documents that were brought into the jury room - did he or anyone else ever discuss any documents that were brought into the jury room outside of what the Court gave you to use during your deliberations?
  1. No, sir.
  1. And in saying that he didn't discuss with you what he had looked at, did anyone else contribute to that conversation by saying I have also looked at information on the Internet or I have also read articles in the paper or seen television or radio broadcasts about this case?
  1. No, sir.
  1. Is the only person that you are aware of that has discussed looking at information outside of what the Court provided you Juror Number Seven?
  1. Yes, sir.  That's the only one that I am aware of.
  1. And you are saying that he did not describe specifically what it was that he had looked at?
  1. No, sir.
  1. During the time that you were serving as a juror did you view or did you hear any extraneous information about either the law applicable to this case or to any factual material relating to this case?
  1. Not outside of what you gave us, sir.

Q.  Thank you very much Juror Number 38.  You may step down and you are excused.

Powered by WorldNow