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State v. Biegenwald3/5/1987
people were saying something about the Biegenwald case and started talking about it --
A: Um-hum.
Q: (Continuing) somebody mentioned Mr. Biegenwald had another conviction, or what did they say to you?
A: Well, they had said -- I can't repeat it word for word -- that he had been in trouble before.
Q: You said something about parole.
A: And evidently he was on parole when this happened.
Now, I don't know if these facts are right. I'm just telling you what I heard.
Q: All right. Once you hear something it is there.
A: Um-hum.
Q: Do you think that having heard that, that if you sit as a juror on this case before the case even starts you might have a feeling that maybe he did something as far as this case is concerned, maybe it is so?
A: No. I'd have to hear the facts for myself.
Q: Okay.
A: To make my own opinion up. As I say, I have heard so much. You hear so much. People just are guessing at a lot of things.
Q: So much about this case?
A: About this case or any case or anything?
Q: People do talk.
A: People talk, um-hum.
Q: But you are saying to us whatever it was that you heard you could put aside?
A: I'd want to hear it from someone in authority, someone who I thought knew.
Q: And if you didn't hear it here in this courtroom you wouldn't, or would you, allow it to somehow or other intrude on your ultimate decision?
A: No. I'd have to hear it from someone who really knows what they are talking about.
Q: In this courtroom?
A: Um-hum.
Q: Because as far as a juror is concerned, anybody outside this courtroom hasn't the foggiest idea of what they are talking about.
A: You are right.
Defense counsel asked for further questions because the juror had heard "so much." The court refused and denied the challenge for cause on the grounds that the juror was not precommitted to any position. The defendant peremptory excused Ms. Carroll the following day.
(e) Ms. Patterson
Sylvia Patterson knew from the Asbury Park Press that the defendant was accused of murder.
[THE COURT] Q: Do you recall ever hearing anything on the radio or seeing anything on television about the Biegenwald matter?
[THE JUROR] A: Yes.
Q: What do you recall seeing?
A: Just the Staten Island incident where they discovered whatever it was, you know. And, well, see, I don't watch the news that much. It was just on one of the channels. It was there and it caught your attention and you keep going and it's not --
Q: Do you recall any other details from what you have have read or what you may have seen on television other than what you have told us so far?
A: By details you mean, you know --
Q: Specifics as to what happened or what he is supposed to have done, that sort of thing, whatever the newspapers said as you remember it.
A: No, 'cause I don't even remember how many people it is he is supposed to have -- you know, it's something once and it wore off. I didn't even think of it again.
Q: Do you as a person accept the proposition that when someone is accused of committing a crime, as far as the law is concerned it is assumed they didn't do it and that the burden is always on the State to prove that he did do it?
A: Yes.
Q: You accept that?
A: Um-hum.
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