4.Alternate Juror Emotional-Reaction Inquiry
58 lines(Whereupon, a Juror is crying.)
RICK HUBBARD: Your Honor, may we take a break at this time?
THE COURT: You may. Step into the jury room for a few minutes. Don't talk about the case.
(WHEREUPON, the jury exits the courtroom.)
THE COURT: We'll stand down for a few minutes.
BOYD YOUNG: Your Honor, may we make a record real quick?
THE COURT: You may.
BOYD YOUNG: Your Honor, one of the jurors is clearly unable to control herself emotionally. She's sobbing uncontrollably, had to be escorted out of the courtroom. We'd move for a mistrial at this time due to the emotional impact that we were afraid of from these photographs. And, of course, it obviously, happened. This can't be cured when other jurors are seeing it and they are helping her. It is absolutely manifest necessity to grant a mistrial at this time.
RICK HUBBARD: Our response to that, it's an alternate who's crying. She's not sobbing uncontrollably. There's no wailing. There's no noise. She was being very quiet about it. And yes, they are looking at her. And when I saw it, I stopped and asked for a break.
THE COURT: The Court's observation is she was turning to another Juror -- she's on the end. She was turning toward the only Juror beside her. I couldn't hear her sobbing. She's clearly not wanting to see the pictures, and she is one of the alternates. I'm aware, so I don't think it manifest the necessity at this time to declare a mistrial based upon her emotional reaction, which was quiet.
BOYD YOUNG: While it was quiet, she had to be helped from the courtroom.
THE COURT: I mean, you're describing it accurately, but she wasn't wailing uncontrollably like you described. I couldn't hear it. I noticed her quicker than the Solicitor did. I made eye contact with the Juror beside her and saw what was going on.
RICK HUBBARD: And, Your Honor, for the record, everyone working this case has known there's going to be emotions even from jurors. They are human beings. That's not the issue of whether a trial can proceed. The issue is whether they can be fair. And Your Honor, there is nothing so far to indicate these jurors will not be fair and impartial and continue forward in the task that you warned them was going to be tough.
THE COURT: I'm going to hear back from one of my detail members from SLED as to her condition and see what's going on with her. So we'll stand down just for a few minutes.
RICK HUBBARD: Thank you, Your Honor.
BOYD YOUNG: Your Honor, that would be hearing from the detail on the record as to her condition?
THE COURT: Pardon me?
BOYD YOUNG: That would be hearing from the detail on the record--
THE COURT: -- well, I mean, it will probably be in-camera, but you'll be able to hear.
BOYD YOUNG: Yes, sir.
(WHEREUPON, a short break was taken.)
THE COURT: I spoke with Agent Remion. He reported back to me that the Juror is ready to go again. They stepped outside, the whole jury panel did, stretched their legs and got some air and that she is ready to go forward. She was involved in teaching preschool at some point some time and that was the young kids and the nature of the victims. I will inquire further if you like, but I feel comfortable based upon what his relationship is with the jurors because he knows them all by name now. This is the lead agent. This is the one who sits in front who I was talking to. If you want me to inquire any further, I will.
RICK HUBBARD: Your Honor, I would say no. I think if the jury, says she's fine, I think we've got to take it as it is. Any more probing, she might feel like we're not trusting her, might cause a problem.
BOYD YOUNG: Your Honor, I would request that the inquiry of the SLED agent be put on the record. It is our understanding and belief that possibly one of the jurors, and I don't know if it was that Juror or not, may have thrown up in the jury room and that there were cleaning crews sent in there. It might have been something else, I don't know, but that is per the inquiry that was made.
THE COURT: Bring me Agent Remion.
BAILIFF: I am sorry?
THE COURT: Bring me Agent Remion please, Danny, please.
RICK HUBBARD: Again, just for this record, the photos I have shown, Your Honor has seen those. Far more graphic photos in standard murder trials to the extent you can call the murder standard have gone in of abused children, dead bodies. This is just a glimpse inside a bag, but I think the fact that they know it's children, that's the emotional part. Just so Your Honor knows what I intend to do when we get to the autopsy, I'm not going to publish. I think they go in. This jury can look at them -- like all evidence, they can view it as they see fit. But I will not publish out of respect for the jury.
THE COURT: Fair enough.
RICK HUBBARD: And those kids.
BOYD YOUNG: Even if she is an alternate, it was witnessed by the other jurors --
THE COURT: All right. Go ahead. I'll inquire him after I hear from you.
BOYD YOUNG: It was witnessed by the other jurors. It's not admissible evidence. This is emotional impact of photographs, which is something that we were warned about and we knew it was going to be bad. And the remaining photos that the State has talked about, I understand they're not intending to publish them, but those are a hundreds times worse than anything they have seen so far.
THE COURT: I understand and we had to weigh that in this case. The jurors were inquired extensively with harsh, unpleasant, difficult. Those are the words the Court used when we qualified this jury. I understand. We all understood. I think everybody in the courtroom, lawyers included, have reacted in some fashion to those things. I can't prevent all that by declaring it so. So I understand your concern and we'll do our best to get through this.
BOYD YOUNG: Yes, sir.
RICK HUBBARD: And Your Honor, just from our standpoint, too, just for the record, many of the photographs that I intend to show through Dr. Ross were presented by the Defense. They wanted those same photos in in the guilt phase.
BOYD YOUNG: So that they didn't have the emotional impact of causing a Juror to find for death for an improper basis. That's why we tried to show them --
THE COURT: Well, I mean, you can say it that way now. You tried to show it to them in voir dire as well as during the guilt/innocence for another reason. That's just what you do. You're still trying to show them. The State's now showing them. Their impactful no matter how you see them, when you see them. So no matter what the motivation is to present for probative value -- you called them probative in one fashion, the State's called them probative in another fashion. They're graphic, period. I mean, they are. So I've heard enough about the pictures. We're going to do our best. They're emotional. Your motion for a mistrial at this time is denied. I'm going to hear from Agent Remion. Agent, you're in charge of the detail for SLED. You and I had a brief conversation in my chambers regarding the Juror who was upset earlier. What's her condition now?
DANIEL REMION: She's fine.
THE COURT: Now, someone -- I'm not certain where the information came from, said there was -- someone may have become ill in the jury room. What is -- is there any truth to that?
DANIEL REMION: No sir, not that I know of.
THE COURT: All right. Somehow word got into the lawyers that a cleaning crew was sent into the jury room to clean up something. No one got ill or nauseated to --
DANIEL REMION: No, sir, not to my knowledge at all.
THE COURT: All right.
DANIEL REMION: And I'm standing right outside the jury room.
THE COURT: I think you would know if something went in there.
DANIEL REMION: I would think I would.
THE COURT: Are you comfortable that the Juror can go forward after your communication with her?
DANIEL REMION: Yes, sir.
THE COURT: Anything further?
BOYD YOUNG: No, Your Honor.
RICK HUBBARD: Thank you, Your Honor.
THE COURT: Thank you. Ready to go?
RICK HUBBARD: Yes, sir.
THE COURT: Bring in the jury. (Whereupon, the jury came into open court at approximately 10:55 a.m.)
THE COURT: All right. We're ready to continue. There were some other pictures or other exhibits that required Joy to mark. It took her a little longer. She needed a break, too, so that's why the extended break. It wasn't all y'all. It was a little bit for the court staff and the people presenting. I think it will flow a little better now. Solicitor, your witness.
RICK HUBBARD: Thank you, Your Honor. CONTINUE DIRECT EXAMINATION
BY MR. HUBBARD: