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State v. Biegenwald3/5/1987
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A: Where I was sitting.
Q: All right. But you feel that whatever you heard you would be able to put aside and not allow to affect your judgment if you sit as a juror?
A: That's right.
Neither party challenged Ms. Hugo for cause nor peremptorily excused her.
(h) Ms. Kelly
Kathy Kelly knew nothing about Mr. Biegenwald until she read the article in the Asbury Park Press on Sunday, November 13, 1983.
[THE COURT] Q: Now, what knowledge did you have of the case, when did you acquire the knowledge and from what source?
[THE JUROR] A: It was Sunday from the Asbury Park Press. Someone called me up and said that they are picking jurors for a murder trial and I laughed because I hadn't heard about anything. So then my mom made it a point to stick the paper in front of me so I would read the article so that I wouldn't be considered basically. So I read it briefly, but I didn't -- I always sort of pass over that information in the paper anyway.
Q: Your mother put the paper in front of you.
What do you remember reading in the paper?
A: I read that, um -- that Mr. Biegnewald supposedly talked to somebody, in the Asbury Park Press, and then later they found the body of other things that had happened. But of the case at hand, it really didn't go into that much.
Q: Did it go into at all the background of Mr. Biegenwald?
A: Something that -- something about 1958, about he had been in prison at one time.
Q: Do you recall for what?
A: For murder of a District Prosecutor or something like that.
The trial court then asked Ms. Kelly two questions to learn whether her deliberations would be affected by what she knew. She said no and volunteered that she believed everyone was innocent until proven guilty of the particular crime, and that depended on what was presented. The court then continued his questioning.
Q: All right. Also in the newspaper was there something about other -- other things?
A: There were about others, but I didn't want to read the rest and I didn't. I sort of stopped reading it.
Q: Other what?
A: There were about other murders that were -- that was going to be tried succeeding this jury.
Q: Okay. Then you are aware there are other charges of murder against Mr. Biegenwald?
A: Right.
Q: Do you feel that if you were a juror on this case judging this case, that that information about his background might affect your ability to judge this case?
A: Um, I don't feel it will, but -- I -- I guess -- nobody knows exactly how they are going to feel when they start hearing testimony.
Q: No one ever does. But what we are asking is an honest self-appraisal.
A: No, I don't think it is going to affect me.
Q: The fact of Mr. Biegenwald's prior conviction -- I think I covered that a little bit -- but if I didn't --
A: Did that affect me?
Q: Right.
A: No.
Q: You could say, "It is something we will put aside and we will concentrate on what is here," is that it?
A: Yes.
Q: You think so? You honestly think you can do that?
A: The only reason why I am hesitating at all is just because of -- I guess, as you say, the inconvenience of staying here through this and having my boss getting upset with me.
In regards to being a fair and honest juror, I think I could
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