1.Jury Selection — Peremptory Challenges
25 linesP R O C E E D I N G S
THE COURT: We almost made it. We have another juror problem. Number 245 did not report this morning, and Jim has tracked him down at his place of work to find out why he wasn't here. And he's an interpreter, medical interpreter. He said he couldn't get coverage and so he went to work.
He's on his way here per instructions to come in a cab, and I invite your input.
MR. MELLIN: We haven't even started, your Honor. I would think at this point we should just excuse him.
MR. WEINREB: I would agree.
THE COURT: That would be my inclination, but I didn't want to suggest it before you did.
MR. WEINREB: It's a bad sign to begin with.
THE COURT: I think it is. I know it is. It's rather disrespectful of the process. So when he gets here, we'll give him a talking to and send him back.
MS. CLARKE: You'll yell at him and send him home. I still want to see the guy that didn't want to come out. The juror who was refusing to come out.
(Laughter.)
THE COURT: Oh, yeah. Yeah. I think it's just as well you didn't see him per the reports I have.
MR. WEINREB: It feels like Groundhog Day.
THE COURT: Anyway, that's it. I just -- so otherwise, do you still need a little time?
UNIDENTIFIED ATTORNEY: Yes.
THE COURT: All right. Fine. Great.
(The proceedings adjourned at 10:43 a.m.)
P R O C E E D I N G S
COURT CLERK: All rise for the Honorable Court.
(The Court enters the courtroom at 11:38 a.m.)
COURT CLERK: Please be seated.
THE COURT: Good morning, everyone.
UNIDENTIFIED SPEAKER: Good morning, your Honor.
THE COURT: We appreciate your being here. We apologize for some of the delays; it's logistics principally. And we're ready to proceed now with the next and final stage of the selection of the jury for the case of United States v. Dzhokhar Tsarnaev.
This will involve the exercise of what are called "peremptory challenges" by both sides. A peremptory challenge is a request to excuse a juror for which no reason need be given. Each side is, by law, allotted a certain number of peremptory challenges, and we're going to have the parties now exercise those choices.
They will be doing it by indicating their choices on a form that will be circulated back and forth between counsel and will be monitored by me as we go along. And at the end, we'll announce the outcome of the challenges, who remains in the pool to serve as the jury and who will be excused.
So we'll begin now. I think each side has a form. The government will start. And I guess that will now become the form.
MR. MELLIN: Thank you, your Honor.
(Long pause.)
THE COURT: May I see counsel briefly at sidebar, please.