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State v. Biegenwald3/5/1987
be able to sit through the information that is given at this trial and not -- not listen to anything else.
Q: After you came here Monday when the jurors were assembling and getting seated and organized and that sort of thing, did any of the other jurors talk to you about this case or did you overhear any of the other jurors talking about the case?
A: Everyone -- I really doubt if anybody -- I can't speak for other people, but everybody was speaking about it.
Q: All right.
A: Speaking about what they heard. Somebody wanted to speak to me today and I said, "Leave me alone. The judge said not to talk about it."
Q: Okay. That's helping. But in the assembling process -- now we are concentrating back then on Monday.
A: People were speaking about, "Did you see the guard on top of the building?" when we were walking in in the morning.
Q: Right.
A: And then reading -- somebody had read the papers the other night.
Q: Do you recall any details that you overheard them discussing?
A: Um, one person had read the article about the first juror saying that they believed a life for a life. Another person had just discussed the processing, coming into the courtroom and out of the courtroom.
Q: I'm looking for any detail about the background of the case, the underlying facts of the case, that sort of thing.
A: Actually nobody really wanted to talk about that part. They were just talking about whether we were going to go through the picking process.
Q: Then remember you were part of a general panel pool available for trials.
As you sat there did anyone talk to you about this case or did you overhear anyone talking about the case? And we are talking not, just, you know, the cases going on in the courthouse, but details about the incident itself.
A: Um, not actually about this case. It was more about -- about the other cases, about having people -- the proceeding cases that are going to come up about having bodies found in his mother's lawn or something.
Q: Do you recall whether they were jurors who were just in that general pool or were they maybe persons who had been excused as jurors from here and had gone back?
A: No. It was everybody -- I'm sorry. It was the people in the general pool before they had come.
Q: All right. Again is there anything that they told you, all these little tidbits that may have been passed around, whatever they may have been, that you feel would accumulate and add to whatever other information you had and then have the capacity to affect your judgment as a juror?
A: Um, my honest feeling is that for this case, the stuff for this individual case, for what I read and what I heard, there wasn't any evidence that -- I mean, it wasn't substantial that he was the killer in this case; but it was my feeling that after so many -- incidents, it is highly probable he is guilty of one of these crimes.
Q: How about highly probable of being guilty of this crime?
A: From what I read and what I talked about this crime, he talked to somebody and then there was a body. But I saw no connection in between.
Q: All right. As far as a connection is concerned, whether there is or is not, do you feel that you could sit as a juror and listen to all the evidence that is presented in this case and then make that determination, is or is not, based on what you hear in the courtroom and disregarding anything else you may have heard or read.
A: Yeah, I feel so.
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