Jury selection to resume today
BY SUSAN LATHAM CARR
STAR-BANNER
OCALA - Jury selection in the trial of Renaldo Devon McGirth, 19, and Jarrord Marqui Roberts, 21, two Marion County men accused of murder, suffered a setback on Thursday.
After initially denying a request by defense attorneys Michael Gourley and Candace Hawthorne, Circuit Judge Brian D. Lambert agreed to strike the panel of 22 jurors being questioned Thursday.
McGirth and Roberts are accused of the July 2006 murder of Diana Miller and the shooting of her husband, James, after a home robbery that ended in a high-speed chase and the release of the couple's kidnapped daughter, Sheila. If convicted, the men could face the death penalty.
What led to the dismissal of the 22 potential jurors was a question the judge posed.
Lambert asked the panel if any of them knew defendants McGirth and Roberts. One man, the only black person on Thursday's panel, said he knew McGirth. The judge then asked the man how he knew McGirth. In front of the entire panel, the man said he used to work at the Department of Juvenile Justice and knew McGirth from there.
When the panel of potential jurors left the courtroom, Hawthorne, who represents McGirth, asked to strike the panel based on the man's remark.
"That's highly prejudicial," Hawthorne said.
Gourley, one of Roberts' attorneys, also asked that the panel be removed based on the comment about the Department of Juvenile Justice, which is a detention center for minors accused of crimes.
"That has a criminal connotation," Gourley told Lambert. "This indicates Mr. McGirth has been in the system before."
Lambert denied the request, but reversed his opinion after lunch when State Attorney Brad King brought the judge copies of case law containing similar circumstances involving potential prejudicial statements.
King gave Lambert information regarding Richardson vs. Florida and the Florida Supreme Court case Watson vs. Florida.
"I had a gut concern about it," King told Lambert. "Here is my dilemma .Ê.Ê. this isn't my fight. This is something the defense should be arguing to you about."
Gourley asked the judge again to strike the panel.
"I think the connotation of the Department of Juvenile Justice incorporates within those words an understanding that is the detention/correction part of the system," Gourley said. "It equates with him having been involved in other crimes."
Gourley said it was no different from saying, "Lowell Correctional Institution."
Hawthorne said she agreed with Gourley and said, "You can't unring the bell."
After reading the Richardson case, Lambert reconsidered his stance and dismissed all 22 potential jurors.
Jury selection will resume at 9 a.m. today. The court will be looking for one more potential juror to complete the 12-member jury and two alternate jurors.
The 11 prospective jurors that were picked on Tuesday and Wednesday were not present at the time of the Department of Juvenile Justice comment and are still being considered as possible jurors. However, McGirth's attorney has two strikes remaining, Roberts' attorney has none and the state has 14 left.
If a jury is seated today, opening arguments likely would begin on Monday.
Susan Latham Carr may be reached at 352-867-4156 or susan.carr@starbanner.com
BY SUSAN LATHAM CARR
STAR-BANNER
OCALA - Jury selection in the trial of Renaldo Devon McGirth, 19, and Jarrord Marqui Roberts, 21, two Marion County men accused of murder, suffered a setback on Thursday.
After initially denying a request by defense attorneys Michael Gourley and Candace Hawthorne, Circuit Judge Brian D. Lambert agreed to strike the panel of 22 jurors being questioned Thursday.
McGirth and Roberts are accused of the July 2006 murder of Diana Miller and the shooting of her husband, James, after a home robbery that ended in a high-speed chase and the release of the couple's kidnapped daughter, Sheila. If convicted, the men could face the death penalty.
What led to the dismissal of the 22 potential jurors was a question the judge posed.
Lambert asked the panel if any of them knew defendants McGirth and Roberts. One man, the only black person on Thursday's panel, said he knew McGirth. The judge then asked the man how he knew McGirth. In front of the entire panel, the man said he used to work at the Department of Juvenile Justice and knew McGirth from there.
When the panel of potential jurors left the courtroom, Hawthorne, who represents McGirth, asked to strike the panel based on the man's remark.
"That's highly prejudicial," Hawthorne said.
Gourley, one of Roberts' attorneys, also asked that the panel be removed based on the comment about the Department of Juvenile Justice, which is a detention center for minors accused of crimes.
"That has a criminal connotation," Gourley told Lambert. "This indicates Mr. McGirth has been in the system before."
Lambert denied the request, but reversed his opinion after lunch when State Attorney Brad King brought the judge copies of case law containing similar circumstances involving potential prejudicial statements.
King gave Lambert information regarding Richardson vs. Florida and the Florida Supreme Court case Watson vs. Florida.
"I had a gut concern about it," King told Lambert. "Here is my dilemma .Ê.Ê. this isn't my fight. This is something the defense should be arguing to you about."
Gourley asked the judge again to strike the panel.
"I think the connotation of the Department of Juvenile Justice incorporates within those words an understanding that is the detention/correction part of the system," Gourley said. "It equates with him having been involved in other crimes."
Gourley said it was no different from saying, "Lowell Correctional Institution."
Hawthorne said she agreed with Gourley and said, "You can't unring the bell."
After reading the Richardson case, Lambert reconsidered his stance and dismissed all 22 potential jurors.
Jury selection will resume at 9 a.m. today. The court will be looking for one more potential juror to complete the 12-member jury and two alternate jurors.
The 11 prospective jurors that were picked on Tuesday and Wednesday were not present at the time of the Department of Juvenile Justice comment and are still being considered as possible jurors. However, McGirth's attorney has two strikes remaining, Roberts' attorney has none and the state has 14 left.
If a jury is seated today, opening arguments likely would begin on Monday.
Susan Latham Carr may be reached at 352-867-4156 or susan.carr@starbanner.com
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