Theodore Wafer Trial – Jury Selection
Ted Wafer is charged with the murder of Renisha McBride. Jury selection starts today. There’s no live stream.
Yahtzee, as always, is doing a good job keeping up with information. She has been reporting live tweets here.
We’ll also report in the comment section any news at the end of each day.
Posted on 07/21/2014, in Cases, Renisha McBride and tagged jury selection, Renisha McBride. trial, Ted Wafer. Bookmark the permalink. 102 Comments.
We Hold These Truths To Be Self-Evident 
This is an excellent twitter link for running commentary on Ted Wafer Trial….Jury Selection:
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“jurors gone but defense atty and prosecution hashing out their jury picks before judge”
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wafer atty cheryl carpenter still trying to get juror who goes to church where mcbride funeral held booted..but judge still says no.
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carpenter also wants roman catholic juror off. she’s concerned about his earlier comments about not believing in killing
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everyone is breaking now for lunch. court back at 1:50 p.m.
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thanks Yahtzee!
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YW 🙂
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A potential juror who said she was the victim of crime has been dismissed.
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Another potential juror who said she had problems with guns has been dismissed.
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oralandar brand-wms @oralandar_DN
court back in session: jurors back. one person, who says she was victim of crime, dismissed.
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juror who speaks English after second language says she cld have problem w/technical ques. that might arise during wafer trial.
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judge asks jurors if any of them part of neighborhood watch group. also, if anyone has strong feelings on guns: two say yes
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Judge: “when any of you would be influenced by race when deciding the verdict?”: no hands and muttering of “No”
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Judge to jurors: “anybody believe that a man cannot be deathly afraid of a woman?”
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the question being asked by the judge are ones submitted by both prosecutor and defense attorneys
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another juror is excused: a woman who has said she has issues with guns
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two more jurors excused. One of them is the woman who went to the same church as mcbride’s dad and where the teen’s funeral was held.
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a fourth juror is excused. new potential jurors are called to take their places. side again with attys cheryl and mack carpenter and pros.
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new juror seated to replace juror booted for language communication issues.English is his second language.
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new juror says she has formed opinion on wafer case already but will “do my best” to give a fair verdict if she serves on jury
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I can’t help but think that some people have problems with rejection, and they say whatever is necessary so they will not be rejected, although in their heart, they don’t want the job.
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I agree….what do you think of the questions so far asked to the potential jurors?
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I only wish that the attorneys, rather than the judge, conducted voir dire.
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Are they doing it this way so that the jurors will not know which questions the defense and which questions the prosecution gave the judge to ask?
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I don’t know. The jurors at this point might not know what “defense” means. Remember during GZ’s case that some of his supporters did not know the difference between “defendant” and “plaintiff.”
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It was never taught to me in school.
Everything I learned about the court system was from watching Perry Mason on TV.
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LOL@Yahtzee.
Della Street was one of my role models. 🙂
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Perry Mason opening theme music:
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two jurors had guns pulled on them. none ever killed another person
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sidebar to determine what jurors will get the boot from wafer trial
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two more jurors dismissed
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Cathy
@courtchatter
LIVE coverage of GUILTY verdict in Boston Marathon Bombing now http://courtchatter.tv/myfoxboston2.htm …
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Tsarnaev friend guilty of conspiracy, obstruction”
http://www.bostonglobe.com/metro/2014/07/21/jury-resumes-deliberations-trial-azamat-tazhayakov-friend-boston-marathon-bombing-suspect-dzhokhar-tsarnaev/6H1OxaskP38B3v15ryzvPJ/story.html
Excerpt:
<emA former University of Massachusetts Dartmouth student has been found guilty in federal court of obstruction of justice and conspiring to obstruct justice by hindering the investigation into his college friend, Boston Marathon bombing suspect Dzhokhar Tsarnaev.
Azamat Tazhayakov was convicted by a 12-member jury in US District Court in Boston. The jury had deliberated about 15 hours over three days.
Tazhayakov, 20, faces a maximum 20-year prison sentence on the obstruction of justice charge, and up to five years in prison on the conspiracy charge. Sentencing was set for Oct. 16, US Attorney Carmen Ortiz’s office said.
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from USA Today
http://www.usatoday.com/story/news/nation/2014/07/21/boston-marathon-conspiracy-guilty/12949459/
excerpt:
A friend of the man suspected in last year’s Boston Marathon bombing was convicted Monday of helping to cover up the crime that left 3 people dead and more than 250 injured.
A federal jury found Azamat Tazhayakov, 20, guilty of obstruction of justice and conspiracy by hindering the investigation into bombing suspect Dzhokhar Tsarnaev, a friend and fellow student at the University of Massachusetts at Dartmouth.
Prosecutors said that after Tazhayakov and another friend, Dias Kadyrbayev, determined that Tsarnaev was a suspect in the bombing, they threw out a backpack and removed a laptop from Tsarnaev’s dorm room.
Lawyers for Tazhayakov argued that Kadyrbayev had removed the items; prosecutors said Tazhayakov went along with the plan.
“They took materials from that room that they never should have touched, and that’s what he is going to pay the price for,” juror Daniel Antonin, 49, said after the verdict was announced..
Tazhayakov was convicted of involvement with the backpack, but not the laptop.
Tazhayakov, who could face more than 20 years in prison, was the first of three friends of Dzhokhar and Tamerlan Tsarnaev to face trial stemming from the bombing April 15, 2013. Kadyrbayev faces trial in September.
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NY Times article
Excerpt:
Mr. Tsarnaev’s defense team has argued that the prosecution of minor figures in advance of his November trial is a ploy by the government to maintain a steady drumbeat of reminders about the bombings.
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https://twitter.com/courtchatter
Cathy @courtchatter · 2h
Questions about race in #TheodoreWafer jury selection and yet both sides have said race had nothing to do with shooting #RenishaMcBride
Cathy @courtchatter · 3h
Interesting! Judge in #TheodoreWafer asked black jurors if they would feel disloyalty to their race if they deliver not guilty verdict
Cathy
@courtchatter
Judge also has asked if jurors feel outcome would have been diff. if #TheodoreWafer were black and #RenishaMcBride white.
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Are these questions typical questions in trials?
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Voir dire is to make as certain as possible that those selected to serve on the jury are impartial. There is lots of freedom to the questions.
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Got it. Thanks, Xena.
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two more jurors gone and two more called.
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another potential juror excused ” I have planes ticket”
judge: where you going
Juror: aruba
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vacationing juror leaves for vactation monday when testimony expected to start
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one of new potent. jurors says he is a gun owner: has a 9mm. he’s never shot anybody with it.
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prosecutor challenging one of jurors. they are sidebarring with judge about it now
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two more jurors excused.
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jurors excused until 9 a.m. tommorrow when court resumes..court over for today.
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Earlier reports said that seating a jury of 12 might take 2 to 3 days. It was also reported that the defense thought that the judge was rushing through the questions.
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second day of jury selection set to get underway this morning. jurors were to report at 9 a.m. and we expect the jury selection by 10
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national media already in town for the trial, one of them is an L.A.-based writer. Good Morning America aired piece this morning on the case
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judge says they are short of one juror one who wasn’t called to sit in jury box but both parties agreed to go ahead with jury selection
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defense atty asking judge before jurors brought in for further ques. of a potential juror whose dad is a retired cop
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nope..not just yet: some issue causing deputies to delay bringing jurors in
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jurors coming in now
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head deputy in wafer trial courtroom runs a tight ship
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two more new jurors called..we’ll see if they make the final cut
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judge now asking jurors if they wrote down everything they know about case on questionaire. she is probing each indiv juror
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judge doing voire dire(questioning) of two new jurors
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one of the two new potential jurors says he’s been charged with a misdemeanor and the other not sure she can be fair in jury duty
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the juror who says she cldn’t be fair cause she doesn’t trust cops says she has a hardship-surgery. she’s being excused.
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the juror
….with misdemeanor going to east coast for wedding and now asking for hardship excusal. he got it. now another juror asking for one
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two more jurors being seated to replace outgoing jurors
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judge going over questions with new potential juror. a female juror says she’s been mugged a couple of times at gunpoint. another robbed
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new juror says she has formed an opinion based on media report. says she can’t put that opinion aside and she is excused.
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another juror called..
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new juror’s mother shot and carjacked years ago..noone ever charged. she says she can be fair
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judge polling jurors: ” You realize this is real life here. Real life and not television”
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judge wants to know at req.of defense atty if anyjuror has expertise in crime scene investigation: one does..she’s studied forensic anthro
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sidebar with judge and defense attys, prosecution
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Here are two other twitter people reporting on the trial:
https://twitter.com/TheTrialFile
(This tweeter reported:
“ICYMI: 26 jurors were dismissed today [YESTERDAY]
21 by court
2 by prosecution
3 by defense”)
Another twitter reporter:
https://twitter.com/courtchatter
Both of these Twitter sites are also reporting on other court cases.
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judge returning some jurors questionaires to get “some more details you may have” on case including media reports/opinion based on them
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three jurors in jury pool, not seated, raised their hands that they have additional info. on case. judgenoting their names to give them ques
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jurors headed out for 5 minute break
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before break:
three jurors in jury pool, not seated, raised their hands that they have additional info. on case. judgenoting their names to give them ques
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Now this journalist is breaking away to other news:
“will resume coverage on wafer jury selection later this afternoon. headed to another story”
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Yahtzee,
Thanks so much for reporting on this morning’s jury selection. I got a late start and awoke to over 1,000 emails, so it’s catching up time.
You are precious.
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Pool of 62 potential jurors exhausted. 42 more potential jurors are called. Jury selection might run into tomorrow.
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The chosen jury:
two black men, two black women, one arab male, two minority women, four white males and two white women.
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For the record, here are the tweets from the site linked below from this afternoon:
the issue of race cropping on on jury selection in Wafer trial: complaints that most of the dismissed potential jurors are African-American.
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Batson challenge:objection to the valid. of a peremp. challenge on grounds that the other party based it on race, ethnicity, or sex.
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defense atty asking prosecutor what graphic photos they will show of a deceased renisha mcbride..pros will show ones of her lying in bushes
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two new potential jurors called. they are being questioned now.
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one of them says she needs a hardship exemption because she has a special needs daughter
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defense asks that two jurors get excused, one is the roman catholic male who doesn’t believe in killing and a white woman. 2 newjurorscalled
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defense excludes woman, who is african american, who says she has hardship. prosecutor excludes woman, asian american
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there are only 5 people left in the original 62 potential jury pool from monday to go and the final jury for wafer trial not decided yet.
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but they can call in about 140 more cause the original pool set aside for this case is 200
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Another juror excused,a white woman
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A black female juror also dismissed . the two are replaced by Arab American male and black woman
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The new female potential juror called says she has a hardship and has vision probs The woman who is black excused
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Defense asks that juror whose dad is retired cop be excused. She’s african American but she’s not left courtroom cause of sidebar
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Juror told to remain in courtroom . She’s back in jury pool seating
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One more juror excused. One remaining juror, an African American male. He sYz he’s been con cued of a felony and knows witness in the case
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New potential jurors coming in after pool of 62 exhausted . Judge says bit of unusual situation
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42 new potential jurors seated
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Judge going over jury duty instructions with the 42 new jurors
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“It takes a village” wafer atty says in intro defense team . Pros intro team as well to jurors
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Judge reading witness list. Mccbrides dad on it too
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new jurors get questionaires and atty, pros sidebarring with judge
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Original jury pool of 14 back I. Minis one juror in order to get full jury but select process still going
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prosecutor excuses white female juror
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Another juror called to fill 14th seat
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another juror called..
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new female juror, white woman, excused by prosecution
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new juror coming up..a white male
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the prosecutor excuses white male juror meanwhile another juror asking for hardship due to childcare issues
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another juror called, white male, to replace excused white male juror. these picks are random..like a hat draw
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defense atty cheryl carpenter says “we are satisfied with the jury” and the prosecutor passed: judge: ladies and gentlemen .. we have a jury
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jury set in wafer case
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wafer jury makeup: two black men, two black women, one arab male, two minority women, four white males and two white women
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wafer jury: 7 men..7 women..(4 blacks..two black males..two black women)
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wafer jury..seven men..seven women (four african american)
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I’m having a difficult time with this jury selection, due to some of the questions that are being presented to the potential jurors. The one that really stands out is when the judge asked the black jurors if they felt it would be dis loyal to their race to acquit a white man of this crime, ok, probably not word for word, but similar. If she felt that question needed to be asked then why did she not ask the white members, if they felt it would be dis loyal to their race if they convicted a white man for killing a black woman? My feelings is simply, this trial is about to become another media circus that does not serve justice in any way, shape or form. I keep trying to figure out where in our laws that it says it is ok to kill a black person for any reason as long as you are white? Is this simply an unwritten law that is accepted as right in this nation? Or does it go back to the Jim Crow days when a black person had no rights/or worth in our society? When will we as a nation leave the past behind and assume responsibility for the rights of all our citizens? The wind of change is blowing and it seems as if that wind might suddenly turn into a tornado if change does not occur soon…
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Absolutely! I too felt that was hypocritical and should have been asked of every juror based on their race. The idea that Blacks would feel “disloyal” infers a tribe mentality.
Include female rape victims, homosexuals, and the mentally ill in that category. It’s actually the Nazi idea that anyone who is not “perfect” with “perfect” being “Aryan,” is not deserving of life or can be used and abused without consequences for the perpetrators.
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The judge could save the state a lot of money if she would just go ahead and order the prosecutor to offer a plea deal to TW for unlawful discharge of a weapon and have him pay a $50.00 fine. I actually had high hopes for justice being served in this case, and then the jury selection began, and now I have little hope for that happening… Did I step into a time warp and go back about 100 years and end up in the deep south?
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My hopes were dashed when Wafer’s attorneys took the let’s blame the victim route. Wafer did not allege that Renisha touched him, said anything threatening to him, nor made any type of threatening move. What he wants is to paint her life as one that deserved death.
I remember that John Wayne Gacy tried painting his victims as bad, rebellious, homosexual boys. That was not allowed in court.
Swift boating has returned to the justice system.
What we are learning is that a person cannot ever do anything that can be construed as being imperfect. In the event they are a victim, or run for political office, or have a career that makes them a public figure, their imperfections will be used against them.
And thus, we now wonder why there are no political candidates worth a turd running for office?
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My worries began when the first judge was let go because of his connection to the prosecutor. If that was a problem, why was he allowed to be on the case from the get go.
That judge plainly saw that Wafer should have called 911 if he had any fears and then waited for the police instead of opening the door to begin with.
Remember when Judge Lester saw gz for who he was?
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I agree completely with you, Xena.
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yahtzee, I’m so sorry, I seem to have forgotten to express my gratitude to you for the hard work you have been and continue to do to keep all of us up to date on what is happening in the process of this trial’s jury selection. Bless you for taking your time to do so for we who do not have the ability to do what you are doing….
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Thank you, crustyolemothman.
I just returned home.
I appreciate your questions and observations above as you discussed jury selection and the case with Xena. 🙂
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I hope that the trial will be live streamed so we have the opportunity to watch this trial (?) unfold. I no longer foresee a conviction and instead expect either a mistrial or an acquittal. Not because of the non-guilt of TW, but due to the suspected (IMO) corruption on the part of the state… I suppose it is asking too much to expect that this nation would at this juncture in it’s existence would provide true justice for all citizens regardless of race or prior nationality…
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I heard that the trial will be live streamed, and then I heard that it was not. I’m keeping my eyes and ears opened. If anyone finds out before I do, please post it here in comments. I also plan on opening a new thread for the trial, but it makes no sense in doing a daily new thread for a trial that we cannot watch.
I’ve had attorneys tell me that there is no justice. Justice is in the minds of the jurors. How many have we heard enter a finding of not guilty but say they believed the defendant was guilty but the state didn’t prove it beyond a reasonable doubt? How then, did they form their belief that the defendant is guilty?
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How then, did they form their belief that the defendant is guilty?
Unfortunately, their biases have a stronger hold than do the facts as we have seen in some trials lately.
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Xena, Good morning…
” How many have we heard enter a finding of not guilty but say they believed the defendant was guilty but the state didn’t prove it beyond a reasonable doubt? How then, did they form their belief that the defendant is guilty?”
We heard that quite loudly after the O. J. Simpson trial, didn’t we. I followed that trial extensively and I suppose that despite popular opinion that the murder of his wife was not proven by the state. It takes a pretty strong person to actually override his/her own opinions and actually follow the law while sitting on a jury. In the O. J. case the theories espoused by the state were not realistic for the most part, and pretty well provided ample proof that the murder was not committed in the manner that the state indicated. I’m not going to get into a retrial of that case here, because it would not be productive nor would it be anything except conjuncture on all sides. My only point in bringing up that case was as an example of where individuals sitting on a jury followed the letter of the law and kept their personal bias’s out of the decision… Will we see that happen in this case, I don’t think so, the area that the trial is being held in is not known for racial harmony and quite honestly IMO you will see a lot of the thought patterns that followed many of the inhabitants of the area that migrated from the deep south go into their decision and ultimately the fate of TW. Dixie is alive and well and thriving in Detroit! The question that the Judge should have asked of the white prospective members of the jury is “can you set aside your opinions of black people and apply the rules of law to this case even if it means a conviction of one of your own people”…. My opinion says that they can not and will not do so, and that in effect destroys the validity of the verdict of not guilty that they will render… If they do find him guilty it will be of a lessor charge, such as unlawful discharge of a weapon and he will receive a slap on the hand and be told to not do it again (unless he has the opportunity)….
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Courtchatter’s TV schedule page indicates that it will be live streamed.
Okay, here is the lifestream page for the Ted Wafer trial:
http://courtchatter.tv/wafer2.htm
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Perhaps this link will also have live streaming of the trial:
http://www.livestream.com/freeplive
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The outcome of this trial will determine whether or not you can shoot and kill anyone on your porch who has knocked simply by saying you were afraid or that your gun “accidentally” fired even though an expert points out the amount of pressure on the trigger that it would take to fire the gun.
The implied message sent out by the verdict this trial could either be a “you cannot” or “you have the green light.”
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oralandar brand-wms @oralandar_DN · 6s
Opening statements in wafer case set to begin soon.
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oralandar brand-wms @oralandar_DN · 12s
renisha mcbride’s family and best friend enter courtroom…as with any high profile case..the courtroom is chock full
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oralandar brand-wms @oralandar_DN · 20s
theodore wafer in courtroom seated at defendant’s table next to his co-counsel mack carpenter who is rep. wafer with his daughter cheryl
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oralandar brand-wms @oralandar_DN · 1m
judge dana hathaway presiding over wafer case on bench. she’s gonna hear some other matters on other cases first.
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Live streaming now at
http://courtchatter.tv/wafer.htm
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Also live streaming here:
http://www.livestream.com/freeplive
and here:
http://www.wxyz.com/live2
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Jury entering now.
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Jury sworn in.
hmm…judge just interrupted her explanation of charges to jury and called a sidebar.
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Now going on to explaining count 2, 3 (had already explained charge 1)
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Judge speed reading the charges and explanations and instructions to jurors!
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I don’t like the tone.
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I’m taking a break!
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I’ve had it…I wonder if it is even worth watching this trial.
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yahtzee, As you have expressed, I also am disgusted with the way this trial is/has been approached by the state and the judge. However to walk away at this point is to ignore the historical aspect of this trial. I suspect that the outcome will have effects on the judicial system much deeper than many realize. This trial will chart the course of future judicial proceedings in either a positive or negative manner depending on the verdict and the way the trial is conducted. While I do not have much hope for a conviction, there is no way to know positively what the outcome will be, and I will watch as much as possible to at least understand what happened and perhaps have a better grasp of the “why’s” of how it happened… You have been our life line in this historical event and I can only ask that you don’t desert the ship of justice at this time…
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Deep breath to allow my energy and purpose to return……thanks coach custyolemothman! 🙂
You are right and I thank you for your correct message to me. I appreciate your encouragement and sending me back on the playing field. 🙂
sigh….
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yahtzee, Thank you for remaining. My live feed seems to be down, probably on my end… Now, if we could get Xena to open a new thread specifically for this day of the trial it would stream line the access to the site that many of us with very, very slow connect speed have to deal with… I guess that a trip to town with my laptop could be made, but McDonalds gets bent when I sit in there all day long on their connection only drinking senior coffee at $.75 for the day… 😉
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I am having some trouble with live feed, too.
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I will use https://twitter.com/oralandar_DN to catch up:
pros. dannielle hagaman clark going over renisha mcbride’s last hours in opening statements
mcbride’s gets into car accident, single one, at 12:55 a.m. which leaves her bloody, confused, disoriented
mcbride tells jurors they will not hear where renisha was for three hours before shooting despite fact investigators knocked on 88 doors
pros. says police at wafer’s home nov. 2 within three minutes of his 911 call about shooting mcbride
pros. says no evid. of break in at wafer’s home nov. 2 when mcbride shot..says wafer blasted shotgun thru locked front screen door
pics of screen door with hole in from shotgun blast shown to jurors as well as shotgun wafer is said to have used to shoot mcbride
pros says “defendant must have pulled the trigger
wafer “had other options..he could have called 911..his actions that night unjustified” pros tells jurors
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Earlier tweets:
prosecutor starting
jurors just show graphic pic of dead renisha mcbride on wafer’s porch..
wafer’s 911 call just played
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Prosecutor also said shells for shotgun kept in different places in house and
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defense up now for opening statements
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defense atty cheryl carpenter says wafer sleeping that morning on a dark chilly nov morning. says 55 yr old wafer lives alone.
carpenter says wafer always keeps his front screen door locked.
wafer atty says he was sound asleep the heard “boom, boom, boom, boom” (shouting loudly) about noise she says he heard
wafer cld not find his cell phone, defense atty says. he goes to the kitchen..he is not armed..looking for cell phone..”‘his heart is racing
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wafer atty tells jurors you’re going to have to figure out what was going on in ted’s head
atty says he didn’t know if renisha was african american, arab, hispanic when he shot her to death.
wafer atty: he’s cooperative, he makes a statement and he’s taken back home (from police department)
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it’s not stand your ground, wafer atty tells jurors. it’s castle doctrine law application. “we need castle doc. to keep us safe”
sidedar: pros. objecting during defense opening statements saying “i think we’ve stumbled into arguments” we’re supposed to be giving open.
mi self defense law does not have a duty to retreat if attck in their own home, says wafer atty
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wafer looks outside and sees not 1 person but 2/ more people..the door was shaking..people were trying to get in, wafer believed, says atty
ted is thinking they’re coming to get me..they’re breaking into my house, says wafer atty.
he’s thinking go away..leave me alone..he goes to get his shotgun.it’s not his first decis. he doesn’t know what else to do, wafer atty says
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he sees a shadowy figure and he shoots..he didn’t know anything before he shot except there are multiple peo coming in my house
wafer atty cell phone was in back jean pocket in bathroom all the time
atty says he didn’t know if renisha was african american, arab, hispanic when he shot her to death.
wafer atty tells jurors you’re going to have to figure out what was going on in ted’s head
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wafer atty says front door peep hole broken shattered..screen door to wafer’s front door brought into court now
right here is the shotgun blast, wafer atty says pointing to hole in black screen door for jurors
wafer atty says screen door was tampered with ..unhinging it about 7 to 8 inches..when he opened the door noone was there..
then shadowy figure came from side of porch for ”sudden attack” says it really doesn’t matter what renisha was doing that night
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wafer attys says there was broken peep hole, clasps that hold front screen door in place and footprints on back AC unit..
there is evid there are peo on side (of wafer home)..how many??wafer atty says she doesn’t know. carpenter showing jurors pics of waferhome
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carpenter going over legal requirements with jurors for self-defense ..reasonable fear of life and immiment danger
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it’s not stand your ground, wafer atty tells jurors. it’s castle doctrine law application. “we need castle doc. to keep us safe”
sidedar: pros. objecting during defense opening statements saying “i think we’ve stumbled into arguments” we’re supposed to be giving open.
mi self defense law does not have a duty to retreat if attck in their own home, says wafer atty
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wafer attys says case a tragedy all way around and sad that 19 yr old woman dead but that ‘we have to put that aside and look at the law’
wafer atty says ‘what ted did is justified’
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Possible live feed…
http://courtchatter.tv/wafer3.htm
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Thanks!! It is working!!
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wafer atty says investigation into wafer shooting botched..fingerprints at scene taken 4 days after nov. 2 fatal shooting.
why he shot her..he shot her because of the fear, wafer atty in opening statements he was reacting to escalating fear. law says ted just.
five minute jury break
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http://courtchatter.tv/wafer3.htm
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Thanks!! It is working!!
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Mothman! Thanks. The new thread is now up.
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back from break: first prosecution witness up. renisha’s mom on stand..”that was my baby girl” says mom
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