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State v. Biegenwald3/5/1987
nd I heard on the radio news.
Q: Something on Staten Island?
A: Yes. But that's all.
Q: In my questions to you I was trying to have you include everything that you have heard having to do with Biegenwald.
A: No. It was really like a second time I heard something pertaining, you know, to him.
Q: What did you hear then?
A: In fact I turned on the tail end of of it, that there was some digging in Staten Island and the name was mentioned, but --
Q: Anything again that may have been mentioned then about Mr. Biegenwald's background?
A: Not at that time, no.
Q: And the only background that you did hear was that which you read in the newspaper that you have repeated to us already?
A: Yes.
Q: All right. The questions I asked before about affecting your judgment, I certainly mean them to include anything you have ever heard on the radio or read in the newspaper. Did you understand them that way?
A: Yes, I did.
THE COURT: Okay, Mr. Diamond?
MR. DIAMOND: I'd just like to know a little bit more about what she knows as to the digging in Staten Island, your Honor.
THE COURT: I won't inquire. If you wish to exercise a challenge for cause, I will hear that.
In open court defendant challenged Ms. Herron for cause on the ground that she would give consideration to other crimes committed by the defendant based on her statement about the diggings on Staten Island. The trial court summarily denied the challenge. Defendant peremptorily excused Ms. Herron two days later.
(b) Mr. Forse
James Forse, Jr. had read articles, although not recently, in the Asbury Park Press about the case.
[THE COURT] Q: What do you remember reading? What sticks out in your mind? There were a lot of things in the paper, but what do you remember?
[THE JUROR] A: Well, the case in Ocean Township was the one that I remember mostly.
Q: What do you remember of it?
A: About the girl being found in the back of the -- the fast food place in Ocean Township.
Q: And do you recall any of the names that were mentioned in connection with that in the newspapers?
A: Only the name of the girl, and I think Fitzgerald and the defendant.
Q: Do you recall any details about Mr. Biegenwald's background that you may have read in the papers?
A: No, not too much I don't think, no. Yes, I recall the fact that he had been convicted and served time for a crime.
The trial court then asked Mr. Forse four questions to determine whether what the juror knew from the publicity would have any effect on his deliberations. Mr. Forse maintained that he would not be affected. Defense counsel challenged Mr. Forse for cause on the grounds that he knew about the defendant's prior conviction although the defendant was not going to testify and that he knew specific facts of this case from the newspaper. The court said that, in its evaluation, the juror was sincere, that he has thought about it and that that's the best that can be asked of a human being. Counsel argued that the juror would not ignore that knowledge. Alternatively, defense counsel requested that the court inquire further about the publicity and the nature of prior conviction. The State agreed
although it maintained that knowledge of a prior conviction is not grounds for excusing a juror for cause.
BY THE COURT:
Q: Mr. Forse,
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