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State v. Biegenwald3/5/1987
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Q: It is important to us that you give us that honest feeling. You understand that, right?
A: Yeah.
No one challenged Ms. Kelly for cause; she was peremptorily excused by the State later that day.
(i) Mr. Revill
Bertram Revill stated in his jury questionnaire that he, recognized the defendant's name.
[THE COURT] Q: Now would you tell us what information, what knowledge you had of the case before you got here on Monday?
[THE JUROR] A: Uh, just that the girl was missing from the Boardwalk in Asbury Park and that they had found the body a couple of days later, and about the bodies in Staten Island.
Q: Okay. And Mr. Biegenwald's name in connection with that?
A: Right.
Q: The Staten Island connection, did that have any connection in your mind with your sister working over in Staten Island?
A: No, sir.
Q: And did you read that in the newspapers, get that information from the newspaper or from television or from a combination?
A: A combination.
Q: What papers would you have read do you think?
A: It would be the Star Ledger.
Q: And then maybe television, too?
A: Right.
Q: Okay. The fact that you mentioned, quote, bodies in Staten Island -- we are dealing with one case -- do you think that the plural, the bodies that you mentioned might affect' your judgment sitting on this case?
A: No, sir.
The trial court then asked Mr. Revill five questions to learn whether he could be fair and impartial despite what he had heard or knew about the defendant. Mr. Revill said that "I think so" twice, and twice said "no" when asked if his judgment would be affected. Then questioning continued.
Q: Once you got here as a juror and all the jurors were coming together in the assembly room downstairs and before you were kind of organized into groups, did any of those jurors talk with you about this case or did you talk with any other jurors about this case?
A: There has been mention of it.
Q: All right. Did people mention it directly to you or did you overhear that, or both?
A: Both.
Q: Okay. What was mentioned to you?
A: Just basically that the case was being held here.
Q: Okay. What did you mentioned to anybody else?
A: Just, you know, basically what I knew.
Q: Did you exchange that information that you just told us about with other jurors?
A: Oh, yes.
Q: Did you say like, "Oh, this case has to do with a girl disappearing from the Boardwalk in Asbury Park"?
A: Yes.
Q: "And bodies in Staten Island"?
A: No.
Q: You didn't mention that?
A: No. It never came up.
Q: Do you recall any information regarding Mr. Biegenwald's background?
A: Yes.
Q: What do you recall about that?
A: That he had been in prison prior.
Q: For what?
A: For murder.
Q: Did you read that in the newspapers?
A: Yes.
Q: You didn't get that information here?
A:
Q: Do you think that fact might stick in the back of your head and affect your judgment if you sit as a juror on this case?
A: No, sir.
Q: Do you think you could really put that aside and again stick with what you hear in this courtroom
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