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State v. Biegenwald3/5/1987
tion with that something about accomplice.
What do you recall about that?
A: Well, what it could be considered as an accomplice is someone who -- who Mr. Biegenwald was affiliated with.
Q: Someone who helped him out?
A: Someone who helped him out, an accomplice.
Q: That's what you meant by that?
A: Yes, sir.
Q: And do you recall a name? Do you associate a name with that accomplice?
A: No, sir.
Q: You do not?
A: (Nodding negatively.)
THE COURT: Okay. All right. I will rule that the challenge for cause be denied in connection with Mr. Supple. . . .
Defense counsel peremptorily excused Mr. Supple the following day.
(d) Ms. Ellen Carroll
Ellen Carroll originally stated that she had some knowledge of the case and recognized the defendant's name and face from the pictures and captions in the Red Bank Register or the Star-Ledger. She also recalled that defendant's wife had a baby.
[THE COURT] Q: Now, you say you recall little or nothing about what you read. What do you recall, if I were to press you for your memory of details?
[THE JUROR] A: It's hard to separate from what I recall from reading and what I have heard since I have been here.
Q: Try to do that and then we will ask you what you have heard since you have been here. But try to make the separation first.
A: Oh, if I'm not mistaken there is a young girl in her teens that was murdered. I remember -- I recall a picture in the paper. They were digging up a yard and about Diane having the baby. But other than going into the nitty gritty of it, I wasn't really involved in it.
Q: Do you recall specifically any reference to Mr. Biegenwald's background?
A: No, I don't.
Q: Now, you say what you were told and what you heard when you go here.
That means after you got here Monday morning. What did you hear?
A: I heard that he had been arrested for it.
Q: For what?
Now, wait a minute. Someone -- somebody was shot before. Somebody was murdered before.
Q: What else did you hear, if anything?
A: He was on parole at the time that this happened. You hear so much. So much goes through --
Q: Well, all right. The so much that you heard, did you hear that before the jurors were brought up to this courtroom and I began telling them about the case?
A: No. I think they were talking about it before we were even selected for the case, because someone said this case was coming up.
Q: And that is when the discussion arose?
A: Then everybody of course has input.
Q: A buzz buzz kind of thing?
A: Um-hum.
The trial court then asked Ellen Carroll two questions to learn whether what she heard in the juror assembly room or what she read in the newspapers would affect her deliberations.
She maintained that it would not, volunteering that she would have to make her own decision.
At the end of Ellen Carroll's voir dire, defense counsel requested further questioning about defendant's prior murder conviction, what she learned from other jurors on the panel, and her statement about the yard being dug up to see if she knew there was more than one body. Except for the last, the court agreed to inquire.
BY THE COURT:
Q: [ ] You mentioned that when you first came here and
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