Juror 30's Testimony during Nov. 17th Hearing - WSFA.com: News Weather and Sports for Montgomery, AL.

Juror 30's Testimony during Nov. 17th Hearing

Juror 30 (Taken from official transcript)

BY THE COURT

Q.  First of all, Juror Number 30, thank you for coming today.  I know that this has been an inconvenience for you but I assure you that it's a necessary part of what we are doing, and it is done to ensure that both the United States and the Defendants have had an opportunity for a fair trial in this case.  I would like for you to look at what has been marked as Court's Exhibit 5 and ask you if you have ever seen that exhibit before today's date?

A.  Let's see.  I don't know.

Q.  Let me see it.  Were you served with a subpoena in this case?

A.  Oh, yes, right.

Q.  Do you recognize that as the subpoena that you -

A.  Right.  Yeah.

Q. You have a copy of the subpoena.

A.  Yes.

Q.  You may compare it if you would like.  That I am going to represent to you is the original of what was served on you, but you compete what you brought with you.

A.  Okay. 

Q.  Is that what that is, Juror Number 30?

A.  Yes. Yes.

Q.  And I don't mean to be impersonal, my intentions about referring to you by number is strictly for your privacy. 

A.  Okay.

Q.  And I would ask that if any question that I ask you requires that you respond about information about another juror that you refer to them by their juror number.  And there's a list in front of you if you don't recall their number but you do recall their name.

A.  All right.

Q. Court's Exhibit Number 5 is the subpoena that was served upon you; is that correct?

A.  That's correct.

Q.  That subpoena requests that you bring or directs that you bring certain documents with you that are set out in the portion of that exhibit that begins you are also commanded to bring with you the following documents or objects.  Did you review that portion of the subpoena?

A.  Yes.

Q.  Do you have any documents that are included in that description of documents that you were to bring?

A.  No, I don't.

Q.  I am going to ask you a series of questions and I am going to ask that you, again, out of an abundance of precaution, not to be redundant, but if it does require that you discuss anything another juror discussed with you, refer to them by their juror number.

A.  Okay.

Q.  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 any Defendant from sources such as newspapers, magazines, radio or television broadcasts or any Internet sites?

A.  No. 

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, to any legal issue or an factual issue related to this case?

A.  No.

Q.  Okay.  I'm sorry, your answer?

A.  No.

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 case?

A.  No.

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.  No.

Q.  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 set forth in the indictment?

A.  No.

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

A.  No.

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 may have been exposed to extraneous information about this case from any source?

A. Not - it was discussed but it was mostly during deliberations, when we was talking among ourselves, so wit the other jurors, it was just the jury.

Q. All right. Let me ask you to first identify who the juror or jurors were by their number that may have indicated that they had been exposed to extraneous information about this case from any source. Then I will ask you what it was that they had been exposed to if you know.

A. I would say Number 40, Juror Number 40.

Q. Juror Number 40

A. Yeah.

Q. And did she indicate that - did she indicate anything to you or any of the other jurors in your presence, anything that caused you to believe that she had been exposed to extraneous information about this case from any source during your deliberations or during your service as a juror?

A. Can you repeat that?

Q. At any time during your service as a juror, to include the time that you were in deliberations in this case, what was it that she said, either to you or to any other member of the jury in your presence, that caused you to believe that she had been exposed to extraneous information about this case from any source?

A. The juror said that the trial - the whole trial was on the Internet daily, you know, so that's why I assumed that she probably had read through it on the Internet.

Q. Now, it's my understanding that - based on my recollection that the deliberation process in this case took about nine days; is that right?

A. That's correct.

Q. Was the information that she just shared with you that you have described something that she indicated after you began your deliberations but before you came back with your verdict?

A. This was during the whole trial.

Q. It was before your deliberations began?

A. Before deliberations began.

Q. Did she ever make any reference to what she may have seen on the Internet about the trial.

A. No.

Q. What was it to the best of your recollection that you recall her saying about any reports that she may have been aware of, whether she read them or not?

A. She just - to the best of my recollection she just said that the trial was being on the Internet.

Q. Did she ever disclose to you any content of any reports about the trial on the Internet?

A. No.

Q. To your knowledge did she disclose to any other member of the jury the content of any report that you may think that she read about this case that was on the Internet or from any other media source?

A. Not to my knowledge.

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 to any factual material relating to this case?

A. No.

Q. Was Juror Number 40 the only juror to your knowledge that indicated that she may have been exposed to any extraneous information as I have described that term to mean?

A. No.

Q. Who else may have been exposed to extraneous information?

A. Let's see, Juror Number Seven.

Q. Juror Number Seven I believe was the foreperson of the jury; is that right?

A. Right.

Q. What was it that he said that led you to believe that he may have been exposed to extraneous information about this case or about his role as a juror or the foreperson of the jury?

A. Just to my knowledge it was - looked like he had probably read it on the Internet too or saw it on the Internet.

Q. Did he say anything that indicated what specifically that he had read?

A. No.

Q. Did he ever bring anything into the jury?

A. No.

Q. did he ever share anything with you either in written form or verbally -

A. No.

Q. - about what he had read?

A. No.

Q. How did then you reach the conclusion that he seemed to have been exposed to something on the Internet?

A. Well, sometimes - it's probably from the arrangement, he was the foreperson, that he was conducting - he was detailing the briefing and everything, and just the way he was handling things, it was kind of done kind of like as the Court's back style, and I just said well maybe he was watching - seeing it on the Internet trying to dictate - not dictate but running it as a court. But he was running -

Q. Did you reach that assumption based on anything that he said that indicated that he read anything on the Internet?

A. No, no, no. It was just the way - my way of looking at it that he was handling it, you know.

Q. Did he seem to be handling it inappropriately?

A. No, it was appropriate.

Q. Was there anyone else that indicated that they may have been exposed to any extraneous information from any source?

A. No.

Q. Other than those two?

A. No.

Q.  Thank you, sir.  Juror Number 30, you may step down and you are free to go.  If you will hand the subpoena back to Ms. Gregg.

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