4.Individual Voir Dire — Prior Service, Sentencing Views, and Law-Enforcement Connections (Part 2)
200 linesCOURT CLERK: Juror No. 176.
(Juror 176 enters the courtroom.)
JAMES MCALEAR: Juror 176.
COURT CLERK: Sir, over here, please. Have a seat, if you would. Speak into the mic, keep your voice up so everyone can hear you.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: Have you been able to follow my instructions given last time to avoid any discussion of the case?
JUROR: Yes, I have.
THE COURT: And tried to avoid any media coverage as well?
JUROR: Yes, I have.
THE COURT: Okay. Thank you. That's the questionnaire you filled out when you were last here and we're just going to follow up on some of the questions. And you can look at it as you need to. I'm going to proceed more or less front to back through the questionnaire.
You're currently retired?
JUROR: Yes, I am.
THE COURT: And tell us what you most recently were employed doing.
JUROR: I worked as a college instructor for ITT Tech. I teach technical drawing.
THE COURT: Technical drawing.
JUROR: AutoCAD, blueprint drawing.
THE COURT: Prior to that you worked for the Boston public schools?
JUROR: Yes.
THE COURT: Teaching what?
JUROR: I taught technical drawings and sometimes woodshop, things like that.
THE COURT: That's something you've been doing for a long time?
JUROR: Yes.
THE COURT: I see you have a daughter who is a nurse.
JUROR: Yes.
THE COURT: Where does she work?
JUROR: She works at the Neponset health clinic in Dorchester.
THE COURT: Does she have a specialty?
JUROR: Pediatrics, children.
THE COURT: Okay. And I guess you're fairly active online from what you tell us. Can you tell us what you do?
JUROR: I do a lot of drawing. I do some short story writing.
THE COURT: For -- as a hobby?
JUROR: Yes.
THE COURT: I mean, it's not --
JUROR: Nobody pays me for anything.
THE COURT: Okay. If you want to look at it, I'm looking at Page 10, this is Question 29, asking about websites or blogs, and you said, "Wordpress, literature and art blog." Can you expound?
JUROR: Wordpress is a website where you can have a blog without any advertising or anything like that, so I can just put any drawings I have or any short stories or things like that online.
THE COURT: So just to understand the words here, Wordpress is a place?
JUROR: It's a company that features -- for instance, Mayor Walsh, his website, I think he had things on Wordpress and on Vimeo.
THE COURT: And "literature and art" is what you put there? Is that what you --
JUROR: Yes, yes.
THE COURT: Okay. I was just trying to follow the answer a little bit.
JUROR: When I was in college, I wrote short stories, so I still haven't been paid for it.
THE COURT: Still hoping?
JUROR: No. I just want people to read it.
THE COURT: In Question 30, this is more social media, Dailymotion, LiveJournal?
JUROR: Yes.
THE COURT: Most of which I've never heard of.
JUROR: LiveJournal is just another, it's just like Wordpress. It's another place where you can put a blog on, and if one isn't working, the other one might be working. Or -- it's like Blogger, if you know Blogger.
THE COURT: Okay. Have you blogged anything about this case --
JUROR: No, I have not.
THE COURT: -- or the underlying events or anything like that?
JUROR: No.
THE COURT: At the time things were happening, did you put --
JUROR: No. My stuff is mostly like literature, more like Alice in Wonderland.
THE COURT: Could we cut the audio, please, for a minute.
MR. DOREAU: Audio cut.
(Discussion at sidebar and out of the hearing of the public:)
[REDACTED]
THE COURT: Okay. You sat a couple of times. I'm now looking at Page 15. I'm sorry, we can go back on audio.
MR. DOREAU: Audio's on.
(In open court:)
THE COURT: Page 15, Question 47 -- actually we should probably -- have you ever served on a jury before? And you indicate two Superior Court -- Massachusetts Superior Court times when you served?
JUROR: Yes.
THE COURT: That's through a full trial? They're both criminal cases?
JUROR: Yes. Yes.
THE COURT: Okay. But you haven't served since 1995? You've been called but haven't served?
JUROR: I have -- I get called every three years. Yes, I believe that is the last time I was on a jury that sat and deliberated.
THE COURT: Okay. Let me ask you to turn to Page 20, Question 77. Near the top it says, "Whether as a result of things you had seen or read on the news or otherwise learned from any source, had you formed an opinion as to whether the defendant here is guilty?" And you checked "yes," and then left unanswered the rest of the question.
And then further down we asked, "If you answered yes, would you be able or unable to set aside your opinion and decide the question of guilt or innocence based on what you've said in court?" And you said "able."
I wonder if you could explain both your answers and your omission to answer some of the questions?
JUROR: Well, from evidence that I have seen in the American media and other media, yes, I think that this young man had done that. However, I understand a formal court proceeding is very different from newspapers and newspaper accounts, etcetera, and that that is where guilt or innocence should be decided.
THE COURT: Yes. So you understand that any person charged with a crime is presumed innocent --
JUROR: Yes.
THE COURT: -- unless and until the government --
JUROR: Yes.
THE COURT: -- proves otherwise at trial --
JUROR: Yes.
THE COURT: -- and proves the defendant's guilt beyond a reasonable doubt?
JUROR: Yes.
THE COURT: And you feel you would be able to hold the government to that burden if you were a juror in this case notwithstanding having some impression beforehand?
JUROR: Yes.
THE COURT: You didn't check anything about the C and D parts of the answer, which relate to whether the death penalty should be imposed. Let's turn to Page 23, where we have, we begin a series of questions about your views concerning the death penalty. Question 88 asks -- take your time to read it if you want -- but it asks for your general views about the death penalty, if any. And you've said "N/A," or I interpret that to mean "not applicable."
JUROR: The death penalty should be used rarely.
THE COURT: Okay.
JUROR: And that's why I put, I think, a 5 in the middle.
THE COURT: In Question 89 we asked if you could locate yourself on a scale between 1 and 10, 1 being strongly opposed, 10 being strongly in favor. You're somewhere in the middle of that?
JUROR: Yes.
THE COURT: That's -- okay. Now, if you turn to the next question on the next page, here we asked, rather than a numerical scale, we ask you to consider some possible expressions of your attitude or beliefs on the death penalty here. And you've selected D. It says, "I'm not for or against the death penalty. I could vote to impose it, or I could vote to impose a sentence of life imprisonment without the possibility of release, whichever I believed was called for by the facts and the law in the case."
JUROR: Yes.
THE COURT: As you read that, does that today --
JUROR: Yes.
THE COURT: -- sound like --
JUROR: Yes, I agree with what I said.
THE COURT: So you heard me this morning describe in general terms the so-called penalty phase where the question would be what is the penalty.
JUROR: Yes.
THE COURT: And there will be aggravating factors presented, perhaps, and mitigating factors, and that's some of the matter you'd consider as a juror before deciding on which penalty you thought was more appropriate. So is it your --
JUROR: Yes. I still agree with that. I'm not for or against the death penalty. I'll vote to impose it or I could vote to impose a penalty of life imprisonment, just as it says here.
THE COURT: All right. Follow-up?
MR. CHAKRAVARTY: Good morning still. Aloke Chakravarty. I'm with the prosecution team over here.
So I may have misheard you, but did you serve on a jury last year?
JUROR: I was called for jury duty in Superior Court for a case of murder and was not selected for the jury. So that was in February.
MR. CHAKRAVARTY: You weren't impaneled?
JUROR: No, I was not.
MR. CHAKRAVARTY: The incident that we talked about when the -- when the audio feed was cut involved apparently your --
THE COURT: We can cut it again if you're going to get into the details?
MR. CHAKRAVARTY: It's more of the association. I think it might be safe just to cut it.
THE COURT: Why don't we cut the audio briefly.
MR. DOREAU: Audio cut.
(Discussion at sidebar and out of the hearing of the public:)
[REDACTED]
MR. MELLIN: Your Honor, I think we're in agreement.
THE COURT: Okay. Any follow-up on this question?
MS. CLARKE: No, thank you. Thank you very much.
THE COURT: Okay. Yeah. Thank you. And we can invite them back in, and they go out.
MR. DOREAU: Audio back online.
(In open court:)
COURT CLERK: Thank you very much.
(The juror is excused.)
(Discussion off the record.)
COURT CLERK: Juror No. 181.
(Juror 181 enters courtroom.)
[REDACTED]
THE COURT: I don't have -- oh, I do. Sorry.
JAMES MCALEAR: Juror No. 181.
COURT CLERK: Sir, over here, if you would, please. Have a seat. Speak into the mic, if you need to, so everybody can hear you.
JUROR: Good morning.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: Since you were last here, have you been able to abide by my instructions to avoid any discussion about the case with anybody?
JUROR: Yes.
THE COURT: And also to try to avoid any media --
JUROR: Yes.
THE COURT: -- exposure or coverage?
JUROR: Yes.
THE COURT: That's the questionnaire you filled out last time.
JUROR: Yes.
THE COURT: We're going to follow up on some of the answers.
If you leaf through it, I'm looking at Page 5 and 6 at the beginning here, and then a couple of places on section 9. There were questions you didn't have any answer to. And it may have been the way the questions were phrased. So if you look, for example, at Page 9, I mean Page 5, Question 9 says, "If you believe you have a physical condition, please explain." And so you didn't explain anything. Is that because you took the "if you believe" --
JUROR: Right.
THE COURT: So you thought it was not necessary to answer that question?
JUROR: Correct.
THE COURT: Okay. The same with respect to Question 10, whether it would be a difficulty because of the schedule of the case. I guess because you didn't answer it, you don't have a difficulty, is that it? I explained the schedule, the days we would conduct the case.
JUROR: Yes. I don't see any problem with that.
THE COURT: Right. Okay. So can we generally take it that if the answer is negative to one of these "if" questions, you haven't filled anything out?
JUROR: Yes, I would say. Because I did read them all thoroughly.
THE COURT: Okay. That's what I was asking. So tell us about your occupation and employment a little bit.
JUROR: I'm a marine engineer. I work on a boat down in New York Harbor, which I work a week on, a week off.
THE COURT: Where do you work?
JUROR: In New York. And I work Wednesday to Wednesday, so I should be going to work tomorrow night --
THE COURT: Right.
JUROR: -- to be there Wednesday morning.
THE COURT: Well, just looking at the question that said did you have difficulty with the schedule, so what would you do if you were on the case?
JUROR: Oh, I'd stay home.
THE COURT: Okay. And would that be a financial hardship to you?
JUROR: Rumor has it the company pays. They did pay for the week I was out. So as far as I know, no hardship.
THE COURT: Okay. Are you paid a salary or an hourly rate?
JUROR: It's based on an hourly rate but it is a salary.
THE COURT: Is this a unionized position?
JUROR: Yes.
THE COURT: Okay. Look at Page 6, Question 13. This is about present or former spouse. It says your deceased wife used to work at the Quincy District Court. Can you tell us a little about what she did there?
JUROR: Yes. She worked in the court office, the clerk's office.
THE COURT: Clerical staff or was she --
JUROR: Yes, I guess so.
THE COURT: Did she -- was she like a courtroom clerk? Did she --
JUROR: She did go in the courtroom occasionally.
THE COURT: Did she, kind of like our eminent courtroom clerk, did she, you know, help keep cases running?
JUROR: I believe so, yes.
THE COURT: Okay. All right. I guess you're not really sure what she did. Is that fair?
JUROR: That's probably fair.
THE COURT: Okay.
JUROR: I know towards the end she was not in the court.
THE COURT: She was not? She was generally in the office?
JUROR: Yeah.
THE COURT: And when was that? What were the years she was doing that?
JUROR: She was there for 20-odd years, and she passed away -- probably '08 she retired.
THE COURT: Tell us about your use of any social media including Facebook.
JUROR: It's very seldom. I do have a Facebook account, but more just to see what other people are saying. Instagram, I am, but I don't think I ever used it. My daughter set it up.
THE COURT: Okay. So she could send you pictures?
JUROR: I have no idea. Maybe, yeah.
THE COURT: But you haven't looked?
JUROR: Not in a while.
THE COURT: Let me ask you to look at Question 34 on Page 12.
JUROR: 34?
THE COURT: 34. Whether you have any relatives or close friends who are involved in any law enforcement agency, particularly, so you have a cousin in law who works presently for the Drug Enforcement Agency?
JUROR: Yes.
THE COURT: Tell us a little about that, who he is and what he does. Not his name, but --
JUROR: I can't.
THE COURT: Where is he stationed?
JUROR: Somewhere in Mass.
THE COURT: Oh, you don't know?
JUROR: No.
THE COURT: Okay. Someone you see regularly?
JUROR: No. Just at like family functions.
THE COURT: Okay. And you had an uncle who was on the Massachusetts State Police?
JUROR: Yes.
THE COURT: Tell us about that. When did he serve?
JUROR: Over 20 years ago. He's deceased now. He was over in Nantucket --
THE COURT: Okay.
JUROR: -- for most of his career.
THE COURT: Could we cut the audio, please.
MR. DOREAU: Audio cut.
(Discussion at sidebar and out of the hearing of the public:)
[REDACTED]
THE COURT: Okay. I think that's all we need to know about that. Thank you. I think we're finished. And we can bring in the press.
MR. DOREAU: Audio is currently off.
THE COURT: You're all done?
COURT CLERK: You can bring it on.
MR. DOREAU: Audio on.