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  1. #1
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    SA peremptory challenge denied

    I think this is serious enough to warrant its own thread. I never saw the juror, did not know her race at first. She was sweet but had a hard time understanding very basic questions, stated she had no friends, and is opposed to the death penalty or even to judging others. What do you all think?

    This juror is now seated. The State has exercised their peremptory challenge and it was denied due to the factor of race.

  2. #2
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    I think race had nothing to do with it. It was clear IMO that the woman was having trouble understanding very basic questions and she stated initially that she did not feel comfortable judging others based on what other people said.

  3. #3
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    JSR is offline Maybe all one can do is hope to end up with the right regrets. -Arthur Miller
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    My opinion is that this woman should NOT have been selected to sit on this jury, and none of my reasons include race. She had so much trouble answering the most basic of questions. She isn't going to keep up with the trial. And she's going to vote not guilty simply because she isn't comfortable judging others. And at first she indicated she didn't agree with the DP. There were many reasons why she shouldn't have made it this round. I have for the most part agreed with HHJP but I think he made and error. I understand why he did, because CM played the race card and won.

    If this is a hung jury this woman will be the reason for it. But have no fear, I know the state will retry the case. Casey WILL be convicted one day. Now I'm no longer as confident as I was before this process came along that this will be trial that convicts her. I assumed that people like this woman would be rightfully dismissed for proper challenges.
    Indeed the Irony IS Rich

    Jodi Arias- "Quick on the slime, Slow on the facts"- From Juan's Closing Argument

    "The difference between a stumbling block and stepping stone is the character of the person walking the path."- Travis Victor Alexander

  4. #4
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    I'll wait for the replay....
    IMO

  5. #5
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    Quote Originally Posted by Amster View Post
    I'll wait for the replay....
    I'm with you on this Amster. I'm about to go and rewatch the raw video to make sure what I recall is correct.

  6. #6
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    I think there is a real good possibility of a hung jury now.

    I don't know if the fault is HHJP's though. The SA should have questioned her more. They should have tried to challenge for cause first. They should have waited until later before trying to do a peremptory strike. I admire Ashton greatly and am sure he never thought in his wildest nightmares that this would happen, but he really dropped the ball on this one. IMO.

  7. #7
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    I'm really confused and I'll apologize if I sound like I don't know what I'm talking about (because I don't) but why can't the SA just use a Strike? I thought they could each strike 10 people out? Is the Strike the same thing as the Peremptory Challenge and they need permission for it?

  8. #8
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    Quote Originally Posted by tnajk View Post
    I'm really confused and I'll apologize if I sound like I don't know what I'm talking about (because I don't) but why can't the SA just use a Strike? I thought they could each strike 10 people out? Is the Strike the same thing as the Peremptory Challenge and they need permission for it?
    The Peremptory challenge was the strike. The SA did use their strike which in almost every case is an automatic dismissal for the potential juror. There is a caveat though that it cannot be racially motivated. Cheney Mason objected that the strike was based on race. HHJP sustained this objection, and the state cannot now strike this juror.

  9. #9
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    So we don't know the race, right? My personal opinion is Hispanic people on the jury may be more likely to convict because KC tried to pin Caylee's disappearance on an imaginary Hispanic woman, and that Black jurors may be more inclined to acquit because they understand how easily someone can get railroaded in court from their own or others' experiences. But I also think that any single, Black female jurors who have either struggled to rear kids on their own or have seen others' struggles will resent KC's rather cushy life and supportive parents, and that may factor in as well.

  10. #10
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    Question: Did the State seek to Challenge for cause first?

    Without seeing the raw video (been trying to keep away), I am unsure if this is a coup for the Defense since if this woman has problems understanding the case she may just accept what other jurors say.


  11. #11
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    Quote Originally Posted by uklaw View Post
    Question: Did the State seek to Challenge for cause first?

    Without seeing the raw video (been trying to keep away), I am unsure if this is a coup for the Defense since if this woman has problems understanding the case she may just accept what other jurors say.
    No, Uklaw, they did not, which is one reason the objection by the defense was sustained.

  12. #12
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    Quote Originally Posted by tnajk View Post
    I'm really confused and I'll apologize if I sound like I don't know what I'm talking about (because I don't) but why can't the SA just use a Strike? I thought they could each strike 10 people out? Is the Strike the same thing as the Peremptory Challenge and they need permission for it?
    Yes and no.

    Broadly speaking, the State cannot use a pre-emptory strike to remove a juror where the motive for striking the juror is that the juror belongs to a congnisable group (i.e. because the Juror is black or female or such like).

    Key case : Batson v. Kentucky, 476 U.S. 79 (1986)

  13. #13
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    Here is the article on WFTV regarding this. Also, the video portion of this juror should be on video #13 on WFTV; however, that particular video is bringing up another juror.

    The state did try to eliminate an African-American woman who said she couldn't judge people, but Judge Perry didn't allow it.

    http://www.wftv.com/news/27880756/detail.html

  14. #14
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    Link? Anyone? Without hearing for myself, I would say this could actually be a positive for the SA. If for instance she does not understand the testimony and evidence she will most likely turn to other jurors for help and take their understanding of testimony as fact. It is just hard to say...

    Lets not forget, if she truly has a hard time with judgement, she may be the first to walk out of the trial allowing an alternate to fill her place. Just sayin...

    Does anyone have a link? Sounds like a smart move by the DT to get JA to be impulsive with his strike. Again, getting what CM has promised us all along, a "circus trial"
    “This fog is not so deep that it stops you from attempting to fabricate evidence, right??” Juan Martinez

  15. #15
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    On this issue of race and this jury pool does anyone know if Perry followed through with his idea of going to the homeless centre for Jury Selection?

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