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State v. Magee

5/6/2005

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THE COURT: Mrs. Taylor ... can you be fair and impartial to both sides--despite that experience, can you be fair and impartial?


MRS. TONI TAYLOR: Yes, sir.


...


Q: Anybody else who has had a family member or close friend who has been convicted of a crime? I am not talking about a speeding ticket. Anybody?


A: Mrs. Toni Taylor responds affirmatively.


Q: Yes, ma'am.


A: MRS. TONI TAYLOR: My husband got a DUI.


A: MRS. COTTON: I had a -


Q: Again, would that have an affect [sic ] on what you would do here?


A: MRS. TONI TAYLOR: No.


Additional Pertinent Voir Dire Examination of Ms. Taylor by Defense


Q: Mrs. Taylor, I guess I just can't let it lay there that you said your niece was raped and I think the quote was that he got away. Was there a trial?


A: MRS. TONI TAYLOR: Yes.


Q: And the defendant was found not guilty?


A: Nods head affirmatively. Yes, sir. Also an adult in the past, a 10-year-old that is in my family, that also lied about her age. And you know, she slept with a man. I mean, and then her parents wanted to put rape on him, you know. But you know, I feel at a certain age you know what you are doing. If you have been brought up in a family, you know right from wrong.


Q: I take it then that you disagreed with the jury's verdict?


A: Yes.


Q: Would it not, ma'am be difficult for you then to vote not guilty in this case?


A: No.


Q: You don't feel like if you voted not guilty that another guy would be getting away with a rape?


A: No.


Q: Do you feel that the fact that you went through counseling with your niece that would color your ability to be fair and impartial in this case?


A: Yes.


Q: You do think so?


A: Nods head affirmatively. I mean, I know what to look for, you know, pretty much. I mean, I have been there.


Q: Sure. So you just feel this case kind of hits a little too close to home that you really can't be a fair juror in this case?


A: No, I feel like I could.


Q: All right. I guess I misunderstood you. I thought you said that since you had been there, that that would color your ability to be fair and impartial?


A: No. What I am saying is that, you know, I know what to look for as far as being a young woman, you know, being a young woman myself.


Q: Sure.


A: You know, I have been through the case before and have in the past. I am just saying that I know what to look for.


Q: Would you be looking for any medical evidence?


A: It needs to be presented I believe.


Q: What if it is not presented, could that be a reasonable doubt to you?


A: Yes, sir.






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