Judge Belvin Perry came close to swearing in a jury prior to the lunch break on Day 8 of Casey Anthony’s first degree murder trial, but fell short by one, as the defense team used up yet another of its peremptory challenges.
The defense team used a back-strike against juror # 1251, a female with a 2-year-old child, who they claimed had said she would not consider mercy or age as mitigating factors, should the trial reach to the penalty phase.
Although the prosecution objected to the defense team’s challenge of juror # 1251, on the basis that she is female and part of a protected class, and that other potential jurors had young children and grandchildren, Perry over-ruled and upheld the challenge by the defense team.
Thus, juror # 1251, was let go, and the number of jurors was back to eleven and so, a jury could not be sworn before the lunch break.
Six jurors remain to be questioned on Tuesday afternoon. Perry reminded both the state and prosecution, that at least one of those is likely to be excused for cause.
“I am just letting you know that the well runs dry,” Perry said.
Twenty-three additional jurors have passed phase one of questioning which dealt with “hardship”. They must be brought back for questions surrounding “pre-trial publicity” and the death penalty.
Twelve jurors and eight alternates are required to be sworn in.
Perry might just be able to swear in 12 jurors on Tuesday. And as to alternates? Well that will surely be another day.
Casey Anthony is charged with murdering her two-year-old daughter, Caylee. She had initially claimed her daughter was kidnapped by a baby sitter, but that “story” was later debunked by her defense attorneys.
Court watchers believe that, based on questions posed to potential jurors by the Anthony defense team, it is almost certain that factors such as sexual, verbal, and emotional abuse will loom large as part of the Casey defense strategy. How these dots will be connected to Caylee’s murder, is anyone’s guess.
Opening arguments, initially scheduled for May 17, in the Orange County Court in Orlando, seem less likely now to get underway on Thursday, given the slow pace at which jury selection has proceeded in Pinellas County.
