2011.05.16 Sidebar Thread (Juror Selection Day Seven)

[LCoastMom]

Does anyone know when opening arguments begins. Sorry if it's already posted, I just don't wanna miss it

As of today they were saying Thursday. Subject to change of course.

 

[Leila]

I hope that happens, but if she speaks for Caylee, she would basically be speaking against KC in the penalty phase. CA would have a fit, so I don't think she would go against CA in public. The fact that AF spends part of her time going over the victim impact statement with the pjs does really make me wonder what's up though.

It DOES make me wonder why AF spent so much time making sure a PT knew that victim's impact statements were not to be taken into consideration when deliberating.

 

[Leila]

Most of you probably know this but WFTV is going to feature 2 live feeds during the trial: One of the general proceedings and one focused on ICA.

Thanks! It sounds like they're going to do some sort of split screen, which should be very interesting.

 

[El Gato]

As of today they were saying Thursday. Subject to change of course.

Thank you, that is my nieces graduation. I may have to play sick, lol.

No biggie cause she hasn't even been to school since March cause she had a baby and isn't mom of the year since cps has already visited her because of the loser baby daddy's drug abuse

 

[Leila]

It kind of surprises me that victim impact would come before the jury decides the sentence. I thought they were more a vehicle for victims to confront the perp than a circumstance for a jury or judge to use in deciding the sentence. I can't see how victim impact can be used as an aggravation in determining sentence. I'm just thinking of non-DP cases where a sentencing report is prepared and letters may be submitted to the judge-but it never occurred to me that victim impact was an attempt to up a sentence. I hope I'm making sense...lol


I know that the judge can, but usually doesn't, go against the jury's sentence recommendation.

Here in California, the victim's impact statements come before the jury deliberates the sentence, or if it's a bench trial, before the judge decide the sentence.

 

[KathrynL]

FWIW, I really am mystified over all the defense questions over victim impact. The case in chief by the prosecution is what they should be worrying about. I have no idea how they will present it, but I have no doubt that they will find a way present the living Caylee while presenting the evidence regarding the heartbreaking manner of her death. This alone will have an impact on the jurors.

:cow:

 

[Leila]

Wondering if anyone noticed one of ICA's little aberrant 'behaviours', today. First time I saw it was the other day when the female pot. juror that had lost a son said that she thought ICA was guilty and it happened again today. Can't remember what juror, but I think said juror stated they thought ICA was guilty. In any case, the behaviour is this: Casey writes furiously on her notepad, while glaring angrily at the pot. juror. She doesn't look down at what she is writing, at all.

One other thing... at the end of the proceedings today, while the lawyers were sidebar, it looked like ICA was super-upset.. almost like she was about to cry. Wonder if the fact that the trial is so close to starting is getting to her. I hope it is.

Saturday I noticed that KC got upset and wrote something for AF to see. AF took her pen and wrote something briefly. KC then looked like she was writing, but if you watch, it really looked like she was making a circle - pen stayed in one spot and she continued to make a circle.

 

[gitana1]

Here in California, the victim's impact statements come before the jury deliberates the sentence, or if it's a bench trial, before the judge decide the sentence.

I know and what's strange to me is that they keep saying victim impact cannot be considered when determining a sentence. Obviously, it is not evidence, but then why is it done before sentencing? How the heck are jurors supposed to go back in a jury room and decide someone's fate after hearing the heart breaking anguish of the loved ones of the victim?

I remember Laci Peterson's mom's statement. Oh my gosh! She wailed about her child being placed in a watery grave even though she was scared of the water. She screamed with agony about how her daughter was buried with her baby son but without the arms to hold her baby. I've never heard of anything as disturbing and gut wrenching in my life, as that statement. I cannot imagine that it failed to impact the jurors.

 

[Ricki]

Wondering if anyone noticed one of ICA's little aberrant 'behaviours', today. First time I saw it was the other day when the female pot. juror that had lost a son said that she thought ICA was guilty and it happened again today. Can't remember what juror, but I think said juror stated they thought ICA was guilty. In any case, the behaviour is this: Casey writes furiously on her notepad, while glaring angrily at the pot. juror. She doesn't look down at what she is writing, at all.

One other thing... at the end of the proceedings today, while the lawyers were sidebar, it looked like ICA was super-upset.. almost like she was about to cry. Wonder if the fact that the trial is so close to starting is getting to her. I hope it is.

If she is going to stare jurors down during the trial, that will certainly give them insight about what she is all about. They are not going to like that. She may think she can intimidate them, but I am sure their reaction will be the opposite. Her angry looks alone might give the impression of guilt. You know the saying, If looks can Kill. Nothing like digging your own grave.

 

[KathrynL]

I know and what's strange to me is that they keep saying victim impact cannot be considered when determining a sentence. Obviously, it is not evidence, but then why is it done before sentencing? How the heck are jurors supposed to go back in a jury room and decide someone's fate after hearing the heart breaking anguish of the loved ones of the victim?

I remember Laci Peterson's mom's statement. Oh my gosh! She wailed about her child being placed in a watery grave even though she was scared of the water. She screamed with agony about how her daughter was buried with her baby son but without the arms to hold her baby. I've never heard of anything as disturbing and gut wrenching in my life, as that statement. I cannot imagine that it failed to impact the jurors.

ITA, you did a better job of saying what I was trying to say earlier. I'm all for victim impact statements-but before a jury that is then told it's not to be considered...I remain surprised that it's done that way. I watched the Peterson trial but had forgotten that Sharon's statement was delivered before sentencing deliberations.

 

[john's mom]

I'm wondering if C& G will do the impact statement after being squished by the big ol bus that's coming thier way. Maybe the ah-hah moment the DT thinks will save Casey will really pizz off C & G so they DO finally stand up for Caylee.

 

[crucibelle]

Saturday I noticed that KC got upset and wrote something for AF to see. AF took her pen and wrote something briefly. KC then looked like she was writing, but if you watch, it really looked like she was making a circle - pen stayed in one spot and she continued to make a circle.

I noticed that, too, Leila! What I think might have happened is that AF marked the juror off the list (because she was being excused) then Casey continued to just mark over it... like angrily scribbling that juror out, or something. She seemed extremely pizzed off as she was doing that.

 

[crucibelle]

If she is going to stare jurors down during the trial, that will certainly give them insight about what she is all about. They are not going to like that. She may think she can intimidate them, but I am sure their reaction will be the opposite. Her angry looks alone might give the impression of guilt. You know the saying, If looks can Kill. Nothing like digging your own grave.

You know, I got the feeling that ICA was trying to intimidate the potential jurors. You are right.. if she does that during the trial, the jurors are not going to be able to stand her. JB & CM better reign her little hiney in.

 

[Ricki]

Does anyone know if ICA
a gets to have a pad and pen while the trial is in session? Will she still get to look like she is part of the DT?

 

[KathrynL]

I'm wondering if C& G will do the impact statement after being squished by the big ol bus that's coming thier way. Maybe the ah-hah moment the DT thinks will save Casey will really pizz off C & G so they DO finally stand up for Caylee.

Is the prosecution going to be allowed to use the jailhouse tapes? (I'm not up to speed on what all is being let in). If they can, they have ammo against a defense theory that blames C & G and KCs smoldering resentment of them.
:cow:

http://youtu.be/HFcQ5QUE25Q

This one is of KC telling the parents how great they are. fwiw

 

[sleutherontheside]

Oh yes it would be absolutely PRICELESS!!! :floorlaugh:

The wftv site has it. I believe it starts at video # 12 or 13.

 

[KathrynL]

You know, I got the feeling that ICA was trying to intimidate the potential jurors. You are right.. if she does that during the trial, the jurors are not going to be able to stand her. JB & CM better reign her little hiney in.

They are probably doing their best to do that. But, there is only so much a lawyer can do with a client. I don't think she's amenable to suggestions.

 

[sleutherontheside]

For those who missed it...

 

[Leila]

I know and what's strange to me is that they keep saying victim impact cannot be considered when determining a sentence. Obviously, it is not evidence, but then why is it done before sentencing? How the heck are jurors supposed to go back in a jury room and decide someone's fate after hearing the heart breaking anguish of the loved ones of the victim?

I remember Laci Peterson's mom's statement. Oh my gosh! She wailed about her child being placed in a watery grave even though she was scared of the water. She screamed with agony about how her daughter was buried with her baby son but without the arms to hold her baby. I've never heard of anything as disturbing and gut wrenching in my life, as that statement. I cannot imagine that it failed to impact the jurors.

Speaking strictly from a psychological viewpoint (and I have no expertise in this field) I would think that if victim's impact statements are given prior to the jury or judge deciding the sentence, it gives the family a sense of empowerment being able to put into words their loss and grief, and if the jury or judge comes back with a harsh sentence, it gives the family a greater sense that their words DID make a difference.

Even though the jury is instructed that victims impact statements aren't to be considered in their deliberations, I cannot see how a jury could escape the impact of a mother's words like Sharon Rocha.

 

[Horace Finklestein]

Can people who claim the victim is still alive - or people who believe the person who is convicted is innocent - give victim impact statements? I see this as a chance for the Anthonys to further disgrace Caylee.