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State v. Biegenwald3/5/1987
we are interested in one area, and that is you said that you have read in the newspapers that Mr. Biegenwald had a prior conviction.
Anything more specific than that in your mind?
A: Only that it was for murder.
Q: Now, you know obviously that's that and you know it. Do you think that is going to affect your ability to judge him in this charge, which is also a charge of murder?
A: No, I don't think so.
Q: That's a very important consideration, you know.
A: (Nodding affirmatively.)
Q: Before I forget, if per chance you are ultimately selected as a juror on this case, there should never be any discussions of that fact by anybody in the jury room.
A: I understand it.
Q: Unless the fact is something that comes out in this courtroom.
A: Yes.
Q: Because otherwise it is just rumor.
A: Um-hum.
Q: You understand?
A: (Nodding affirmatively.)
THE COURT: All right. With all the discussions in mind that we have had on the record, I will not grant the challenge for cause.
Defense counsel peremptorily excused Mr. Forse later that day.
(c) Mr. Supple
Michael Supple stated that he had read about the case months before in the Daily Register and heard about it on the radio commuting to and from work.
[THE COURT] Q: Okay. From those sources what details do you recall? There is a lot of stuff thrown in the paper. Some stuff you hear on the radio. But what do you remember hearing?
[THE JUROR] A: Well, I remember hearing that they had arrested Mr. Biegenwald and that he was imprisoned and [ ] up in Staten Island there was some type of burial whatever, a burial area and a gentleman who was with him, an accomplice to some degree, a parent or relative, and just that they were -- they had apprehended Mr. Biegenwald, and something about -- I believe it was his wife, they have her detained, and she was pregnant or something along those lines.
I really didn't follow it diligently, but [ ] something like that.
Q: Do you recall any details about Mr. Biegenwald's background that you may have read or heard?
A: No, other than he lived in Asbury Park and -- no, I don't really recall too much of it, sir.
The trial court then asked Mr. Supple four questions to determine whether what Mr. Supple knew about the defendant would affect his deliberations. The juror maintained that it would have no effect. Defense counsel requested that the court probe the juror about his reference to the defendant's being imprisoned and about the burial area in Staten Island. Defense counsel also indicated that he challenged the juror for cause, which was denied.
BY THE COURT:
Q: [ ] In the course of discussing what you had read in the papers or had heard you mentioned that Mr. Biegenwald had been in prison. Had you seen that?
A: No. I meant he was taken to prison.
Q: Taken to prison --
A: When he was apprehended.
Q: I thought that was the context in which you used it. Okay.
In Staten Island you mentioned something about a burial. What do you recall about a burial situation in Staten Island?
A: Ugh, the only thing I recall was that they and found bodies.
Q: Did you see anything on television or was that something you read in the newspaper?
A: I believe it was strictly the newspapers, sir.
Q: And then you also mentioned in connec
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