5.Juror No. 140 Excluded After Social Media Review
24 lines(Discussion at sidebar and out of the hearing of the public:)
THE COURT: I guess I have two copies of the same thing here, the two sources.
MS. CONRAD: One went around from the government side and one went around from Mr. Lyness, so I guess both roads lead to one. I just want to point out a few things.
First of all, this -- I believe it's the same person. I looked at her, I looked at the photographs that are online, and I think it's the same person. Also, the various searches that we've done link her to this email account and link her to a Facebook page which then links to the Twitter account. But of course we can find that out from her.
With respect to use of social media, she said in response to Question 29 that she posts on Facebook "but not pertaining to anything other than my life." With respect to Question 30, she did not list Twitter as one of the social media things that she uses. And I just want to point out in the packet that I handed to the government and to your Honor, first of all, as of last night the Twitter feeds that she's following include a reporter at WBZ currently live tweeting the federal trial of accused Boston Marathon bomber Dzhokhar Tsarnaev. She's following that now. She's -- okay.
MR. WEINREB: Let's ask her. I think we should ask her, and if Miss Conrad is correct --
THE COURT: Yeah. You'll have to slow down. I don't do this stuff.
MS. CONRAD: So at the very first page it says " [REDACTED]." So these are the Twitter feeds she's following. The second one is a reporter at WBZ who is live tweeting.
MR. WEINREB: We'll just agree. Obviously, if this is true, she doesn't belong on the jury.
MS. CONRAD: And the other thing I would point out is on --
MR. WEINREB: We're in agreement.
MS. CONRAD: You're in agreement? Okay.
THE COURT: You've won.
MS. CONRAD: Fine.
MR. BRUCK: This should be on the record, though.
MS. CONRAD: Well, I would like to put on the record that this juror, first of all, not only said that -- did not list that she has a Twitter account, but she also said she only posts about personal matters on Facebook. She indicated no preference or no opinions about this case, she indicated --
MR. WEINREB: Your Honor, this isn't about striking this juror; this is about something else.
MS. CONRAD: It is, actually, and I would like --
MR. WEINREB: The questionnaire speaks for itself. We've agreed to strike the juror. Simply trying to make an argument that because people are untruthful about one thing, that other jurors may be untruthful about other things is not an appropriate purpose for voir dire.
MS. CONRAD: It's not a question of voir dire; it's a purpose of illustrating that there are people who portray themselves as neutral and uninformed when, in fact, this juror --
MR. WEINREB: I object to this whole thing.
MS. CONRAD: -- tweeted on April 19th --
THE COURT: That's a broader issue than whether the juror is suitable, and that's what we're considering.
MS. CONRAD: I know. But I want the record to be clear --
THE COURT: I'm sure there will be some occasion when you'll have the opportunity to make this argument, but I don't think it pertains to whether Juror 140 should be seated or not. That's settled. I'm sure -- anyway. I'll just leave it at that. All right. So we'll pass on 140. So that brings us to 143.
So I had a request that the reporters change. Should we take a break? We'll take a 10, 15-minute break.
(There is a recess in the proceedings at 11:01 a.m.)