3.Individual Voir Dire — Juror 464
85 lines(In open court:)
THE COURT: We're back live, just so you know.
MS. CLARKE: Thank you.
COURT CLERK: Juror No. 464.
COURT CLERK: Juror 464.
(The juror enters the courtroom.)
COURT CLERK: Sir, over here, if you would, please. Have a seat. Make sure you speak into the mic, okay?
JUROR: Yup.
THE COURT: Good afternoon.
JUROR: Good afternoon.
THE COURT: Thanks for your patience.
JUROR: Absolutely.
THE COURT: So since you were last here, have you been able to avoid talking about the case or as much as possible avoid media reports about it?
JUROR: Yeah. Sure, yeah.
THE COURT: So we're going to follow up on some of the questions you gave us in the questionnaire. I want to start with your work.
JUROR: Uh-huh.
THE COURT: You're an account manager for a tech company of some kind?
JUROR: Yes.
THE COURT: What's the nature of the equipment? You say you sell technology equipment?
JUROR: Yeah. So it's Internet security equipment.
THE COURT: Hardware?
JUROR: And software, yes.
THE COURT: Both?
JUROR: Yup.
THE COURT: You understand the schedule of the case that we've outlined?
JUROR: Yup.
THE COURT: And that's not going to be a problem for you?
JUROR: No.
THE COURT: Out of the ordinary? I mean, it's a problem for anybody.
JUROR: Yeah.
THE COURT: But it's not an unusual burden for you?
JUROR: Well, I'm a commissioned employee, so it would be a little burdensome, obviously.
THE COURT: You do have -- you know, we tried to structure it so people had some ability to keep up with work.
JUROR: Uh-huh.
THE COURT: One day a week anyway, and then evenings and so on. Does that help at all?
JUROR: Yeah. I mean, it's burdensome for anybody who's going to be on a jury. I understand that.
THE COURT: So it's something you're okay with?
JUROR: Yeah.
THE COURT: Okay. You told us that you had a couple of close friends who served in Iraq and one also in Afghanistan. Can you tell us about them? Take each one.
JUROR: Sure. So my next-door neighbor growing up served in both Iraq and Afghanistan, and one of my good friends from high school served in both Iraq and Afghanistan as well.
THE COURT: They were both in both places?
JUROR: Yeah.
THE COURT: And you said they both experienced combat while there?
JUROR: Yeah.
THE COURT: Was either of them injured?
JUROR: No.
THE COURT: Have you talked with them in detail about their experiences?
JUROR: Some level of detail, yeah.
THE COURT: Yeah?
You also -- I'm now on page 12. You also have some friends with the Arlington police?
JUROR: Uh-huh.
THE COURT: Your best friend, you say?
JUROR: Yes.
THE COURT: And tell us about them, those --
JUROR: So my best friend is an Arlington police officer for the past two or three years. He was called into action in Watertown on the night -- a couple of nights after the marathon bombing. And so he was in there overnight, as well as a few of the guys he worked with.
THE COURT: Do you know what he was tasked with doing that night or what his activities were?
JUROR: I think they were all sort of just given a sector to monitor until they found --
THE COURT: Was he involved in the shootout?
JUROR: No, he wasn't. He was called in after the shootout.
THE COURT: Okay. And how about -- you have two other friends also on the Arlington police?
JUROR: Yeah, so I have a few friends who are on the -- I mean, a bunch of friends were on the Arlington police force: my best friend, and then a few other friends that I play softball with who were also called into action that night.
THE COURT: And have you talked with them about what they experienced and saw and so on that night?
JUROR: Yeah.
THE COURT: Why don't you take a look at page 12, Question 36.
JUROR: Sure.
THE COURT: You know, we typically instruct jurors they're to evaluate all the testimony by the same criteria, and that means not giving any special treatment one way or the other to people because of their employment or background and so on.
JUROR: Sure.
THE COURT: And so we asked that particularly about law enforcement officers. You said that you might tend to give greater weight to the testimony of law enforcement officers than other witnesses?
JUROR: My answer is, I would say, yes.
THE COURT: Now, let me ask you to look at Question 77.
JUROR: What page is that?
THE COURT: That's on page 20.
Here we asked whether -- based on things you'd seen or heard either from the media or perhaps other places, whether you had formed opinions about whether the defendant was guilty or not and whether he should receive the death penalty or not.
JUROR: Uh-huh.
THE COURT: With respect to Parts A and B, you answered that you had formed an opinion that he was guilty. Below that we asked if you answered yes to any of the questions, would you be able or unable to set aside your opinion and base your decision about guilt solely on the evidence that would be presented to you in court, and you said "unable." Can you explain that?
JUROR: Yeah, I think just from what I'd read and heard and seen, you know, prior to being called in as a juror, I think I'd formed a pretty strong opinion, and I think it would be difficult for me to go back on sort of some of the beliefs I have about what transpired during the marathon bombing.
MR. BRUCK: We're satisfied, your Honor.
THE COURT: Okay. Thank you.
JUROR: Thank you.
(The juror exits the courtroom.)
THE COURT: So that's it for the questioning. Why don't we come back about 3:30.
MS. CLARKE: Great.
THE COURT: Okay?
MR. WILSON: Audio and video is off.
(The Court exits the courtroom at 3:03 p.m.)
(There is a recess in the proceedings at 3:03 p.m.)
(The Court enters the courtroom at 3:45 p.m.)