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State v. Golphin8/25/2000
this is serious business that we're here about. Do you mind expanding on that a little? I mean do you think there is something about the trial that may be so emotionally trying for you or so devastating that you wouldn't be able to give it your full attention or that you wouldn't be able to render a fair and impartial verdict or consider the evidence fairly and consider the defendants guilty --innocent until proven guilty, weigh the death penalty and life imprisonment without parole? Do you think some of that might be a problem because of emotions? Tell us now. Now is the time.
[PROSPECTIVE JUROR PARKER]: Like I said, I have a daughter. She's eight years old. And it weighs on my mind that one day she's going to be a teenager and that she may -- something may happen where she gets in trouble and I may be sitting behind her in the courtroom and I don't think I can pass a judgment on another person's child. I can't do that. (Juror crying.)
The trial court then intervened and asked questions of Parker. THE COURT: Ma'am, let me ask you this. Do you feel that the concern that you just raised would interfere substantially with your ability to be fair and impartial to all the parties in this case?
[PROSPECTIVE JUROR PARKER]: (Nodding head.)
THE COURT: Now, let me ask you this. Understanding that it would be hard for you, understanding that you would give it your best efforts, right now, those are not really the questions, whether it would be hard because it may very well be hard to do, you know. And I recognize that you would absolutely give it your best effort. Given that, do you have a question about your ability to be fair to everyone involved in this case?
[PROSPECTIVE JUROR PARKER]: I have doubts.
THE COURT: Well, there's a way that I have asked this to some other jurors that have gone on, so I'm going to ask you, are you confident -- are you confident of your ability to be fair and impartial to everyone involved in this case or do you have a serious doubt, a substantial doubt concerning your ability to be fair and impartial?
[PROSPECTIVE JUROR PARKER]: I have a substantial doubt.
The trial court then excused Parker to return to the jury deliberation room. Parker left the courtroom, and the attorneys for all parties discussed her responses.
THE COURT: Anybody got anything?
[COUNSEL FOR KEVIN]: Nothing from us.
[PROSECUTOR]: Yes, sir, Judge. The state would challenge her for cause based on her remarks, if I understand her correctly --
THE COURT: Okay.
[PROSECUTOR]: -- as to what she said.
THE COURT: I will hear from the defendant Kevin Golphin.
[COUNSEL FOR KEVIN]: Well, Your Honor, I guess I would like to ask her a few more questions if I could. I'm not sure she has exactly said she couldn't render a fair and impartial verdict in weighing the evidence and after hearing the evidence.
THE COURT: Mr. Parish?
[COUNSEL FOR TILMON]: I have nothing to add.
The trial court then issued its ruling on the State's motion to excuse Parker for cause and Kevin's request to ask additional questions, saying:
The question of the ability to be fair and having substantial doubt, concerning the ability to be fair has sort of been my litany in this case throughout and it has been my inclination to allow that to be the standard, and it would be my intent when we come down with the question of any juror to keep that as the standard. Therefore, in the Court's discretion, I'm going to decline the permitting of additional questions and excuse the juror for cause.
B
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