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Tomlin v. State5/31/2002
photographs. I also noticed during the voir dire that she sat on the front row, another juror had to calm her down and speak to her continuously, and she also said she was just scared to death to be here. State exhibit -- pardon me, Number Twenty-eight, [B.A.] --
"The Court: Okay. Forty-two was the next one, is Forty-two not --
"[Prosecutor]: That was who I was talking about, Your Honor, Forty-two.
"The Court: I'm sorry. Twenty-eight is next.
"[Prosecutor]: She responded to the question of philosophical or moral reservations about sitting in judgment of other people. [B.A.] indicated that she had a problem judging other people.
"The Court: Sixty-four.
"[Prosecutor]: The State -- [E.H.] represented to the Court that her son was represented by Mr. Madden, who was involved in this case earlier. Also, [E.H.] was a school teacher and the State struck all Board of Ed -- all school teachers.
"The Court: Thirteen.
"[Prosecutor]: [J.R.] is single. He's a student and has no children, Your Honor, and we -- well, we -- he -- although this was a -- after we determined he was single, had no children, which was another -- which was another criteria that we were tactically looking for in this case. [J.R.] also is very small and he looks very young and we just struck him for that reason.
"The Court: Fifty-four.
"[Prosecutor]: [K.J.] is also a school teacher at LeFlore High School, Your Honor.
"The Court: Thirty.
"[Prosecutor]: [J.M.]. Your Honor, also, [J.M.] was young and didn't have any children. There is also one other thing that I would like to approach to discuss that with you, if we could.
"The Court: Okay.
"(Bench conference, on the record.)
"[Prosecutor]: Mr. Moore indicated to me that [J.M.] -
"The Court: Who is Mr. Moore?
"[Prosecutor]: He is the victim's father, Cheryl Moore's father. Was sitting in the jury and that [J.M.] has said or was saying things that were just -- how did he put it -- strange. He acted strange and he didn't like -- he didn't feel comfortable with that juror and the juror sat directly in front of him.
"The Court: What did he say?
"[Prosecutor]: He just made a comment. He didn't relate to me any comment other than he felt uncomfortable about that juror.
"The Court: But you can't tell me anything that this juror said?
"[Prosecutor]: Only that Mr. Moore said he felt uncomfortable. I'm telling you this, he was also on our list, because he was young and he said he didn't have any kids.
"The Court: Okay.
"[Prosecutor]: Number Twelve, [B.T.], she stated -- she had one statement about the photos, difficulty looking at pictures. She has children. That was all, Your Honor.
"The Court: Fifty-seven?
"[Prosecutor]: Your Honor, we also normally strike postal workers. That's common for us.
"[Defense counsel]: Does that apply to [B.T.], I'm sorry?
"The Court: That was Number Twelve.
"[Prosecutor]: Postal, right.
"The Court: Number Fifty-seven.
"[Prosecutor]: [R.C.] stated that he had a brother in the penitentiary. I think he also said he had a stepson in the penitentiary. He also said he would not be able to follow the law or follow the instructions. There was interchanging between the Court and [R.C.] until -- about his ability to follow the law or follow the instructions of the Court in which he finally did say that he would be able to but he acted reluctant to do that. [S.S.] I'm sorr
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