Juror 16's Testimony from Nov. 16, 2006 Hearing - WSFA.com: News Weather and Sports for Montgomery, AL.

Juror 16's Testimony from Nov. 16, 2006 Hearing

Juror 16
BY THE COURT

Q. Good afternoon.

A. Good afternoon.

Q. I would ask that if you have any response to any questions that I give or I ask of you that you speak into the microphone as you have just done. I also give you or remind you of a few other instructions that I have given. My intentions today are not to intimidate or harass you in any form or fashion, it's merely to find out what extraneous information or outside influence was imposed upon the jury, if any at all during the process that you served as a juror during the trial of this case. Please be candid with the Court and if you don't understand any questions don't be hesitant in the least bit to ask me to restate it or ask me what I mean by my question. And I am going to refer to you by your juror number, and you are Juror Number 16.

A. That's correct.

Q. I do not normally act so impersonally, so I apologize, but for the sake of your privacy that is the reason that we are conducting the hearing as we are doing it today.

A. Yes, sir.

Q. If you would also refer to any other jurors whose names may be included in any responses to questions that I may give by their numbers for the sake of their privacy I would ask that you do that.

A. Yes, sir.

Q. And for the convenience of you I have provided - and the other people who are testifying, I have provided a list of the jurors with their corresponding juror number so that you can recall their number if you don't remember their number. I am sure you remember their name. If you would, take a look at what has been provided to you, and that is Court's Exhibit Number 9. Do you ever recall seeing a copy of that before today's date?

A. Yes, sir.

Q. Do you recognize that to be a subpoena issued by this Court for you to appear and to testify here in court today about this case?

A. Yes, sir.

Q. When you were served with the subpoena by the United States Marshal Service did you personally receive the subpoena?

A. Yes, sir.

Q. And did it have a requirement that commanded you to bring any documents that you may have in your possession, the description of which is quite lengthy underneath that block which is checked you are commanded to bring the following?

A. Yes, sir.

Q. did you review those documents - did you review the content of what was described in that paragraph?

A. I did.

Q. Do you have any documents that fall under that category of documents that you were directed to bring?

A. I do not.

Q. All right. I am going to ask you a few questions, and if any question that I ask causes you to respond with the name of any juror please don't forget to refer to them by juror number. 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. They did not.

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. They did not.

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. They did not.

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

A. I did not.

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

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 set forth in the indictment?

A. I did not.

Q. During the time that you were serving as a juror did you obtain any extraneous information from any source about your role as a juror, jury service generally, or the role of the foreperson to the 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. It was just brought to the attention that the jury foreman had looked up what his role was as a foreperson.

Q. And I believe that individual is Juror Number Seven; is that right?

A. That's correct.

Q. And you recall him looking at what, or saying what?

A. He said that he had looked it up on the Internet.

Q. And he looked what up on the Internet?

A. His role as the foreperson.

Q. Do you recall when he said that he had looked this up?

A. I think it was our second day of deliberations.

Q. Now, I recall the jury deliberating for about nine days, is that accurate with what you remember?

A. I think so.

Q. And you recall the second day -

A. Yes, sir.

Q. - him coming into the jury room, and when during the day did he say this and then what was it that you recall him saying as best that you can recall?

A. I am pretty sure it was right at the beginning of deliberations the second day, because we were all pretty much confused about what we were going to do with everything that was there in front of us, so he just wanted to make sure that we were going to do what we were supposed to do.

Q. Did he bring any documents with him other than what he had told you he had seen?

A. He did not.

Q. Did anyone else ever indicate that they had been exposed to extraneous information about this case from any source other than what Juror Number Seven said?

A. I do not recall.

Q. Could they have said and you don't recall or do you say I don't recall because it, in fact, was not discussed?

A. It really was not discussed.

Q. How long did you recall the foreperson, Juror Number Seven, saying that he had looked up this information on the Internet and having discussed that with the jury, how much time during your deliberative process did that discussion take place?

A. What I recall is the second day he just let us know that he had looked up what his role as the foreperson was to be and that was the end of it.

Q. Now, you had instructions from the Court about your role as a jury -

A.  That is correct.

Q.  - and his role as the foreperson of the jury.

A.  That is correct.

Q.  Did he ever specify what his role was specifically that he had looked up on the Internet?

A.No, he did not.

Q.  Did he ever indicate if his role was different than what the Court had required his role to be?

A.  No, he did not.

Q.  He just announced that he had looked it up?

A.  That is correct.

Q.  Did he ever indicate that he had looked up anything else about this case?

A.  No, he did not.

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, your book was pretty thorough.

Q.  All right.  I will take that as a complement.  Thank you, ma'am.  Juror Number 16, I appreciate you coming today, I know you had to drive some distance and I appreciate you taking the time to do that.  You may step down and you are free to go.

A.  Thank You.

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