1.Jury Selection

THE COURT: I am going to give you these instructions. First of all, when you come back in, some of the first things I need from you is your work schedule, personal schedule, calendar coming up over the next several weeks, what you have got on the horizon. I need to know about that first and foremost. Then I will ask you about, since last Monday not to communicate about the case. That sort of thing. And then we will add questions about different aspects of the case and things you might be presented. The answers to those questions are, a lot of times they are just your personal opinions. So there is no right or wrong answer, just truthful and candid answers of what I need. And I will ask you some questions and the lawyers will ask you some questions. So, anyway, overview, criminal procedure, aspects of this case then I will put you in the back and call you back.

And I am going to read, I would rather tell it to you but I want to get particular about what instructions I give you upfront so give me your attention. You have been summoned as a potential Juror in the case of the State versus Timothy R. Jones, Jr. As I said, my name is Eugene Griffith, Jr. and I am the presiding Judge in this trial. Mr. Jones is charged with five counts of murder. And in South Carolina murder is defined as the killing of another person with malice aforethought. Malice is defined as a person with a wicked or depraved heart, intent on wrongdoing, hatred, ill-will or hostility. The definition of murder particularly excuses or excludes any just cause or excuse for the killing. When the State alleges murder combined with certain aggravating circumstances the State can then seek the death penalty. Now before and during the trial a person accused is presumed innocent of each and every element of the crime to which he is accused.

The State must prove each and every element of the crimes charged by a standard of proof called beyond a reasonable doubt. In most cases the Judge determines the punishment upon a conviction. But in a Capital penalty case the jury determines the punishment. In a Capital case the trial is divided into two parts potentially, the guilt or innocence phase and then if necessary the punishment phase. In the first portion of the case the State must prove the Defendant's guilt of murder beyond a reasonable doubt. If a jury finds an accused guilty of murder then the trial proceeds to the second phase. In the second phase, if the State proves an aggravating circumstance beyond a reasonable doubt then the jury considers the aggravating circumstances and mitigating circumstances and evidence in deciding the punishment, either life without parole or the death penalty. Our law in South Carolina does not allow the State to seek that execution if a person is convicted solely of murder.

The State must prove the aggravating factor, the State must prove at least one of the statutory aggravating factors beyond a reasonable doubt. Even if the State proves murder and an aggravating circumstance jurors are not required, I am sorry, jurors are required to consider any mitigating evidence or circumstances. Jurors must consider any mitigating facts that would support a sentence other than death. Even if no mitigating circumstances exist jurors are not required to impose the death penalty. In order for a sentence of death to be imposed the verdict must be signed by all twelve jurors. If jurors unanimously decide to sentence a Defendant to a life without parole sentence then a sentence of life without the possibility of parole will be imposed. In this case the State has indicted five counts of murder and has notified Mr. Jones that it intends to seek the death penalty. Mr. Jones has entered a plea of not guilty by reason of insanity.

So in this case you may hear testimony and evidence showing many things, a wide variety of testimony may be presented to you. I will instruct you on how to consider and evaluate that testimony, whether it be defined as evidence of aggravating factors, evidence of mitigation, which would be any reason to vote for a sentence of life without parole. Evidence of defenses, evidence of affirmative defenses such as accident, guilty but mentally ill and not guilty by reason of insanity. Until the testimony and evidence is presented I am not able to tell the exact instructions that I will give you. But can you and I will ask this question again when you come in individually, can you accept an oath to meaningfully consider all the testimony and all of the evidence, apply the law as I instruct it and consider the evidence consistent with my instructions. Can y'all do that and y'all will be reasked that question again. Those are my preliminary instructions. Step out and the bailiffs will give you some other things to read, potential Juror, I mean witness list, there is a lot there. So give a review to those and we will bring you in one at a time. Thank y'all. (Whereupon, the jurors were excused from the courtroom.)