 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Fortin2/3/2004
t. I, 10.
A.
In reviewing that claim, we first look to the three-day jury selection process. The trial court used a struck jury system in which peremptory challenges were made only when sixteen potential jurors had been qualified to sit in the jury box. In all, three panels of prospective jurors were required to select sixteen jurors. When one panel of jurors was exhausted by removals either for cause or by peremptory challenges, another was brought to the courtroom, until the process was concluded.
At the outset, the court read to each panel of prospective jurors the indictment, which alleged that defendant had robbed, sexually assaulted, and murdered Melissa Padilla. The court then gave an opening statement, explaining the voir dire process, and encouraged the juror panelists to speak their minds freely. The court asked a number of general questions, including whether the jurors had prior knowledge of the case, whether any of them had a law enforcement background or a close relationship with law enforcement agents, and whether the nature of the charges would prevent them from making a fair and impartial determination based solely on the evidence. The court also explained that the jurors might "hear evidence of some other offense being committed," but that the evidence would not be introduced to "inflame" them or to demonstrate that the "person is a bad person." That abstract, hypothetical reference to other-crime evidence did not refer in any way to defendant. At no time did the court tell the jurors that they would hear evidence of defendant's brutal attack on a female state trooper in Maine.
Three times before voir dire began, defendant requested that the trial court question potential jurors about their ability to remain impartial and follow limiting instructions in light of the evidence of defendant's crime in Maine. Defense counsel proposed a seven-paragraph question for that purpose, which we repeat in pertinent part:
This case will involve allegations by the State that [defendant] murdered Melissa Padilla... in Woodbridge, New Jersey on August the 11th, 1994.
A fundamental issue in this case will be did [defendant] commit this crime and will the State prove he committed the crime beyond a reasonable doubt.
As part of its proofs, the State will produce evidence of a crime the defendant committed in the State of Maine. You will be instructed that the evidence you will hear about the incident in Maine can be considered by you for a limited purpose....
I will ask you to think about the Maine evidence in conjunction with the limiting instruction. I will then ask if you can follow this limiting instruction given the nature of the Maine evidence. And just as importantly, whether you can be a fair and impartial juror in this case and decide whether the State has proven [defendant] is guilty beyond a reasonable doubt of killing Melissa Padilla, not based on the fact he might be a bad person who committed a serious crime in Maine.
The evidence you will hear is that on April the 3rd, 1995, about eight months after Padilla was killed, Trooper Vicki Gardner, while acting as a State Trooper was assaulted by [defendant]. He hit Gardner a number of times in the face, fracturing her nose. He bit and sexually assaulted Trooper Gardner by digitally penetrating her both vaginally and anally. Trooper Gardner was also strangled. She survived the incident with a fractured nose, numerous bumps, bruises, and scrapes to basically her entire body.....
I'm going to ask all of you individually what your reaction was to the evidence and the instructions, whether you feel you can follow the instruction
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 New Jersey DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|