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State v. Biegenwald3/5/1987
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The court then asked the juror two questions to learn whether her deliberations would be affected; she denied any effect. Neither party challenged Ms. Patterson for cause. She was peremptorily excused by the State the following day.
(f) Ms. H. Johnson
Hilda Johnson knew about the case from the radio and newspaper but did not connect defendant's name with it until she got to court.
[THE COURT] Q: Okay. What did you read in the paper and hear on the radio or what do you remember?
[THE JUROR] A: About the happenings.
Q: When you say the happenings, what details do you remember?
A: About various -- uh, things he was connected with; them finding the people that were buried.
Q: But you didn't -- you didn't associate that with the name Biegenwald?
A: No.
Q: Biegenwald meant nothing to you?
A: No.
Q: Okay. So that do you remember any of the details of the background of that person from reading the newspapers or hearing it on the radio?
A: I don't know about the background.
The trial court then asked the juror two questions to learn whether her deliberations would be affected, but she denied the publicity would have any effect. Neither the State nor the defendant challenged the juror for cause, although the court did not specifically ask whether either wished to challenge for cause. In fact, the defendant did not challenge anyone for cause after the 36th juror was accepted. When Judge McGann asked for challenges, each party simply alternated making their peremptory challenges; until that time, every challenge for cause by the defendant had been denied. At side bar, both the State and the defendant requested further questioning about the death penalty and the juror's statement about "finding bodies," respectively. The Court cut defense counsel off for "being nonsensical" when he asked for a ruling between a prior juror's statement about "mass murders," which prompted further questions and the court's refusal to ask more questions after this juror mentioned "finding bodies." Defendant peremptorily excused Ms. Johnson later that day.
(g) Ms. Hugo
Michelle Hugo actually served on the jury. She said knew nothing about the defendant before she appeared for jury duty but learned details from other prospective jurors.
[THE COURT] Q: After you came here Monday morning did any of the jurors before they were assembled and before they sat down, did any of the jurors talk about this case?
[THE JUROR] A: There were a few. I have heard mentioned that name, that [ ] they heard the trial they were supposed to be picking jurors, whatever. They never -- none of them talked to me about [ ] the trial itself, what had happened or anything. They just mentioned the name and then the only thing I heard was what you had told when we were in the other room. And then of course [ ] that roused up people and --
Q: What I told you when you were in the other room, and I roused up people?
A: Um-hum.
Q: What was that?
A: When you told what the case was about.
Then I guess, you know, they started talking about it.
Q: After I told them not to talk about it they talked about it?
A: Yes, yes.
Q: What did they say?
A: Well, they all had different stories. None of them -- I don't think any of them really had -- [ ] had it all straight or anything. Everybody [ ] was talking about different things. O
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