Tag: jury selection

Orlando suitcase murder trial: Daily updates as Sarah Boone stands trial for allegedly murdering boyfriend

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Editor’s Note: Watch the trial live in the play aboveThe Orlando woman accused of killing her boyfriend by leaving him trapped inside a suitcase is finally on trial after four long years and many different lawyers.Sarah Boone, 46, is facing second-degree murder charges after her boyfriend, Jorge Torres Jr., was found dead inside a small suitcase. The two were allegedly playing a game of “hide and seek” when Torres willingly got into the suitcase.According to Boone, she fell asleep, forgetting to free the man from the luggage. However, during their investigation, officials say they uncovered videos of Boone mocking Torres Jr. as he begged for help — which was inconsistent with the statements she gave. Boone was arrested and is facing charges related to his death.RELATED: Woman recorded boyfriend’s cries for help while he suffocated inside suitcase, deputies say The woman has been held in jail since 2020, at one point representing herself during hearings because a judge ruled she had forfeited her right to an attorney. Boone was often at odds with her lawyers, many of them stepping down or being forced out by the woman herself. RELATED: Woman accused of Central Florida suitcase murder draws wanted ad for new attorneyThough her current lawyer filed a motion to delay the trial back in August, a jury was sat and opening statements began last week in Boone’s case.>> Follow along below for daily updates on the Orlando suitcase murder trial. Tuesday, Oct. 22: Boone to take standBoone took the stand Tuesday afternoon, telling the jury what her relationship with the victim was like and what led up to him getting in a suitcase. Boone said Torres was angry and at one point threatened her saying, “I’m going to F***ing end you.”Monday, Oct. 21: Trial resumes, ME describes victim’s injuriesAfter a break for the weekend, Boone’s trial picked up again Monday as the state continued to present its side.Medical examiners showed a diagram of Torres Jr.’s wounds, saying the man’s head, hand, forearm and back were bruised, consistent with being hit by a baseball bat and having the suitcase pushed down the stairs.Officials estimate the man was left in the suitcase for 11 hours, ultimately dying of suffocation from lack of oxygen and the way he was positioned.”Based on the findings he was most likely in fetal position…knees flexed…arms flexed…and head most likely flexed forward,” medical examiners said.Officials add that Torres Jr. had a blood alcohol content that was three times the legal limit, confirming that his logic and motor skills could have been impaired when the defense asked.The defense also pointed out that the zipper on the suitcase was broken, possibly allowing oxygen into space. The medical examiner said maybe, but says it was not enough to keep the man alive. Friday, Oct. 18: Opening statements presented, state begins to lay out caseThere were many starts and stops on Friday, but when the opening statements started, we got a glimpse into the troubled couple’s lives.The day started with Sarah Boone smiling and waving to friendly faces in the courtroom. After a long delay, opening statements began. State prosecutor William Jay stated that the last thing Sarah Boone’s boyfriend, Jorge Torres, heard was her saying, “Sssh” as he lay face down, zipped up in a suitcase. “Sarah, I can’t breathe,” Torres said, according to a recording played in court. The state read part of Boone’s conversation with 911.”I don’t know what happened. He had blood coming out of his mouth. Don’t know if it was an aneurysm,” Jay read from Boone’s 911 call.The prosecution argued that Boone killed Torres not because he was threatening her life at that moment, but because she felt he deserved to die for his past actions, including allegedly hitting her with a curtain rod.”There are two sides to every story,” said James Owens, Boone’s defense attorney.Owens argued that the abuse Boone suffered triggered her actions that night, and he emphasized the role of alcohol in their lives.”Their lives centered around the alcohol. Both of them were suffered from what used to be called alcoholism. Now it’s called alcohol abuse syndrome,” Owens said.A neighbor testified that he avoided the couple because they were often drunk.”Yeah I don’t like drunk people and they were drunk a lot,” the neighbor said.The neighbor recounted the night of February 23, 2020, when he heard something loud tumbling down the couple’s staircase.”And I remember me and my roommate talking about it the next day and it literally shook both of our rooms,” the neighbor said.Thursday, Oct. 17: Jury seatedA jury has been seated in Orange County for Sarah Boone’s murder trial. Opening statements are slated to begin on Friday.Wednesday, Oct. 16: “Battered spouse syndrome” defense can be used, judge rulesAt a hearing Wednesday morning, Boone’s lawyer said they believe Torres did make an “overt act” that would constitute use of the “battered spouse syndrome” defense.“The overt acts, I have to tell you, his hand is coming out of the suitcase,” attorney Tony Henderson said. “That means he’s about to get out of the suitcase. Based on history and everything else, she doesn’t have to wait to see what’s going to happen when he gets out of the suitcase. It’s clear what’s going to happen when he gets out of the suitcase.”The attorney also made it clear that Boone is expected to testify at trial.Judge Michael Kraynick ruled Boone’s team would be allowed to use the “battered spouse” defense if they lay the appropriate foundation beforehand. Monday, Oct. 14: Jury selection beginsJury selection in Sarah Boone’s trial began Monday.The woman’s team has said they plan to use the “battered spouse syndrome” defense, meaning her actions were legally justified because of past violence involving Torres, the man she is accused of leaving in a suitcase to die.Prosecutors asked the judge to ban that tactic because they said there was no evidence of an “overt act” by Torres that put Boone’s life in danger.

ORANGE COUNTY, Fla. —

Editor’s Note: Watch the trial live in the play above

The Orlando woman accused of killing her boyfriend by leaving him trapped inside a suitcase is finally on trial after four long years and many different lawyers.

Sarah Boone, 46, is facing second-degree murder charges after her boyfriend, Jorge Torres Jr., was found dead inside a small suitcase. The two were allegedly playing a game of “hide and seek” when Torres willingly got into the suitcase.

According to Boone, she fell asleep, forgetting to free the man from the luggage. However, during their investigation, officials say they uncovered videos of Boone mocking Torres Jr. as he begged for help — which was inconsistent with the statements she gave. Boone was arrested and is facing charges related to his death.

RELATED: Woman recorded boyfriend’s cries for help while he suffocated inside suitcase, deputies say

The woman has been held in jail since 2020, at one point representing herself during hearings because a judge ruled she had forfeited her right to an attorney. Boone was often at odds with her lawyers, many of them stepping down or being forced out by the woman herself.

RELATED: Woman accused of Central Florida suitcase murder draws wanted ad for new attorney

Though her current lawyer filed a motion to delay the trial back in August, a jury was sat and opening statements began last week in Boone’s case.

>> Follow along below for daily updates on the Orlando suitcase murder trial.

Tuesday, Oct. 22: Boone to take stand

Boone took the stand Tuesday afternoon, telling the jury what her relationship with the victim was like and what led up to him getting in a suitcase.

Boone said Torres was angry and at one point threatened her saying, “I’m going to F***ing end you.”

Monday, Oct. 21: Trial resumes, ME describes victim’s injuries

After a break for the weekend, Boone’s trial picked up again Monday as the state continued to present its side.

Medical examiners showed a diagram of Torres Jr.’s wounds, saying the man’s head, hand, forearm and back were bruised, consistent with being hit by a baseball bat and having the suitcase pushed down the stairs.

Officials estimate the man was left in the suitcase for 11 hours, ultimately dying of suffocation from lack of oxygen and the way he was positioned.

“Based on the findings he was most likely in fetal position…knees flexed…arms flexed…and head most likely flexed forward,” medical examiners said.

Officials add that Torres Jr. had a blood alcohol content that was three times the legal limit, confirming that his logic and motor skills could have been impaired when the defense asked.

The defense also pointed out that the zipper on the suitcase was broken, possibly allowing oxygen into space. The medical examiner said maybe, but says it was not enough to keep the man alive.

Friday, Oct. 18: Opening statements presented, state begins to lay out case

There were many starts and stops on Friday, but when the opening statements started, we got a glimpse into the troubled couple’s lives.

The day started with Sarah Boone smiling and waving to friendly faces in the courtroom. After a long delay, opening statements began.

State prosecutor William Jay stated that the last thing Sarah Boone’s boyfriend, Jorge Torres, heard was her saying, “Sssh” as he lay face down, zipped up in a suitcase.

“Sarah, I can’t breathe,” Torres said, according to a recording played in court.

The state read part of Boone’s conversation with 911.

“I don’t know what happened. He had blood coming out of his mouth. Don’t know if it was an aneurysm,” Jay read from Boone’s 911 call.

The prosecution argued that Boone killed Torres not because he was threatening her life at that moment, but because she felt he deserved to die for his past actions, including allegedly hitting her with a curtain rod.

“There are two sides to every story,” said James Owens, Boone’s defense attorney.

Owens argued that the abuse Boone suffered triggered her actions that night, and he emphasized the role of alcohol in their lives.

“Their lives centered around the alcohol. Both of them were suffered from what used to be called alcoholism. Now it’s called alcohol abuse syndrome,” Owens said.

A neighbor testified that he avoided the couple because they were often drunk.

“Yeah I don’t like drunk people and they were drunk a lot,” the neighbor said.

The neighbor recounted the night of February 23, 2020, when he heard something loud tumbling down the couple’s staircase.

“And I remember me and my roommate talking about it the next day and it literally shook both of our rooms,” the neighbor said.

Thursday, Oct. 17: Jury seated

A jury has been seated in Orange County for Sarah Boone’s murder trial. Opening statements are slated to begin on Friday.

Wednesday, Oct. 16: “Battered spouse syndrome” defense can be used, judge rules

At a hearing Wednesday morning, Boone’s lawyer said they believe Torres did make an “overt act” that would constitute use of the “battered spouse syndrome” defense.

“The overt acts, I have to tell you, his hand is coming out of the suitcase,” attorney Tony Henderson said. “That means he’s about to get out of the suitcase. Based on history and everything else, she doesn’t have to wait to see what’s going to happen when he gets out of the suitcase. It’s clear what’s going to happen when he gets out of the suitcase.”

The attorney also made it clear that Boone is expected to testify at trial.

Judge Michael Kraynick ruled Boone’s team would be allowed to use the “battered spouse” defense if they lay the appropriate foundation beforehand.

Monday, Oct. 14: Jury selection begins

Jury selection in Sarah Boone’s trial began Monday.

The woman’s team has said they plan to use the “battered spouse syndrome” defense, meaning her actions were legally justified because of past violence involving Torres, the man she is accused of leaving in a suitcase to die.

Prosecutors asked the judge to ban that tactic because they said there was no evidence of an “overt act” by Torres that put Boone’s life in danger.

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October 22, 2024
Hunter Biden intends to change his not guilty plea in federal tax case, attorney says

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Hunter Biden plans to change his not guilty plea in his federal tax case, his defense attorney said Thursday just as jury selection was set to begin.President Joe Biden’s son is facing misdemeanor and felony charges in the case alleging he failed to pay at least $1.4 million in taxes over four years during a period in which he has acknowledged struggling with a drug addiction.He was convicted in June of charges related to the purchase of a revolver in 2018 when prosecutors say he lied on a mandatory gun-purchase form by saying he was not illegally using or addicted to drugs.Defense attorney Abbe Lowell announced Hunter Biden’s plans to change his plea but did not provide further details.This is a breaking news update. The previous story follows below. Hunter Biden arrived Thursday at a Los Angeles courthouse for the first day of jury selection in his federal tax trial, just months after the president’s son was convicted of gun charges in a separate case.The case in Los Angeles federal court accuses Hunter Biden of a four-year scheme to avoid paying at least $1.4 million in taxes while pulling in millions of dollars from foreign business entities. He is already facing potential prison time after a Delaware jury convicted him in June of lying on a 2018 federal form to purchase a gun that he possessed for 11 days.Hunter Biden pleaded not guilty to the charges related to his 2016 through 2019 taxes and his attorneys have indicated they will argue he didn’t act “willfully,” or with the intention to break the law, in part because of his well-documented struggles with alcohol and drug addiction.U.S. District Judge Mark Scarsi, who was appointed to the bench by former President Donald Trump, placed some restrictions on what jurors will be allowed to hear about the traumatic events that Hunter Biden’s family, friends and attorneys say led to his drug addiction.The judge barred attorneys from connecting his substance abuse struggles to the 2015 death of his brother Beau Biden from cancer or the car accident that killed his mother and sister when he was a toddler. He also rejected a proposed defense expert lined up to testify about addiction.The indictment alleges that Hunter Biden lived lavishly while flouting the tax law, spending his cash on things like strippers and luxury hotels — “in short, everything but his taxes.”Hunter Biden’s attorneys had asked Scarsi to also limit prosecutors from highlighting details of his expenses that they say amount to a “character assassination,” including payments made to strippers or pornographic websites. The judge has said in court papers that he will maintain “strict control” over the presentation of potentially salacious evidence.Meanwhile, prosecutors could present more details of Hunter Biden’s overseas dealings, which have been at the center of Republican investigations into the Biden family often seeking — without evidence— to tie the president to an alleged influence peddling scheme.The special counsel’s team has said it wants to tell jurors about Hunter Biden’s work for a Romanian businessman, who they say sought to “influence U.S. government policy” while Joe Biden was vice president.The defense accused prosecutors of releasing details about Hunter Biden’s work for the Romanian in court papers to drum up media coverage and taint the jury pool.The judge will ask a group of prospective jurors a series of questions to determine whether they can serve on the jury, including whether their political views and knowledge of the case would prevent them from being impartial.Potential jurors are expected to be asked about their own family and personal histories with substance abuse as well as any tax issues and past dealings with the Internal Revenue Service. And despite President Joe Biden dropping his bid for reelection, they’ll also answer questions about whether they believe criminal charges can be filed for political reasons.A heavily scrutinized plea deal and diversion agreement that would have prevented either trial from moving forward collapsed in July 2023 under questioning from a judge. Special counsel indicted Hunter Biden soon after, splitting the deal into the Delaware gun charges and the California tax case.Sentencing in Hunter Biden’s Delaware conviction is set for Nov. 13. He could face up to 25 years in prison, but as a first-time offender, he is likely to get far less time or avoid prison entirely.

LOS ANGELES —

Hunter Biden plans to change his not guilty plea in his federal tax case, his defense attorney said Thursday just as jury selection was set to begin.

President Joe Biden’s son is facing misdemeanor and felony charges in the case alleging he failed to pay at least $1.4 million in taxes over four years during a period in which he has acknowledged struggling with a drug addiction.

He was convicted in June of charges related to the purchase of a revolver in 2018 when prosecutors say he lied on a mandatory gun-purchase form by saying he was not illegally using or addicted to drugs.

Defense attorney Abbe Lowell announced Hunter Biden’s plans to change his plea but did not provide further details.

This is a breaking news update. The previous story follows below.

Hunter Biden arrived Thursday at a Los Angeles courthouse for the first day of jury selection in his federal tax trial, just months after the president’s son was convicted of gun charges in a separate case.

The case in Los Angeles federal court accuses Hunter Biden of a four-year scheme to avoid paying at least $1.4 million in taxes while pulling in millions of dollars from foreign business entities. He is already facing potential prison time after a Delaware jury convicted him in June of lying on a 2018 federal form to purchase a gun that he possessed for 11 days.

Hunter Biden pleaded not guilty to the charges related to his 2016 through 2019 taxes and his attorneys have indicated they will argue he didn’t act “willfully,” or with the intention to break the law, in part because of his well-documented struggles with alcohol and drug addiction.

U.S. District Judge Mark Scarsi, who was appointed to the bench by former President Donald Trump, placed some restrictions on what jurors will be allowed to hear about the traumatic events that Hunter Biden’s family, friends and attorneys say led to his drug addiction.

The judge barred attorneys from connecting his substance abuse struggles to the 2015 death of his brother Beau Biden from cancer or the car accident that killed his mother and sister when he was a toddler. He also rejected a proposed defense expert lined up to testify about addiction.

The indictment alleges that Hunter Biden lived lavishly while flouting the tax law, spending his cash on things like strippers and luxury hotels — “in short, everything but his taxes.”

Hunter Biden’s attorneys had asked Scarsi to also limit prosecutors from highlighting details of his expenses that they say amount to a “character assassination,” including payments made to strippers or pornographic websites. The judge has said in court papers that he will maintain “strict control” over the presentation of potentially salacious evidence.

Meanwhile, prosecutors could present more details of Hunter Biden’s overseas dealings, which have been at the center of Republican investigations into the Biden family often seeking — without evidence— to tie the president to an alleged influence peddling scheme.

The special counsel’s team has said it wants to tell jurors about Hunter Biden’s work for a Romanian businessman, who they say sought to “influence U.S. government policy” while Joe Biden was vice president.

The defense accused prosecutors of releasing details about Hunter Biden’s work for the Romanian in court papers to drum up media coverage and taint the jury pool.

The judge will ask a group of prospective jurors a series of questions to determine whether they can serve on the jury, including whether their political views and knowledge of the case would prevent them from being impartial.

Potential jurors are expected to be asked about their own family and personal histories with substance abuse as well as any tax issues and past dealings with the Internal Revenue Service. And despite President Joe Biden dropping his bid for reelection, they’ll also answer questions about whether they believe criminal charges can be filed for political reasons.

A heavily scrutinized plea deal and diversion agreement that would have prevented either trial from moving forward collapsed in July 2023 under questioning from a judge. Special counsel indicted Hunter Biden soon after, splitting the deal into the Delaware gun charges and the California tax case.

Sentencing in Hunter Biden’s Delaware conviction is set for Nov. 13. He could face up to 25 years in prison, but as a first-time offender, he is likely to get far less time or avoid prison entirely.

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September 5, 2024
Alec Baldwin’s involuntary manslaughter trial begins with jury selection

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Alec Baldwin’s trial in the shooting of a cinematographer begins Tuesday with the selection of jurors who will be tasked with deciding whether the actor is guilty of involuntary manslaughter.Getting chosen to serve in a trial of such a major star accused of such a major crime would be unusual even in Los Angeles or Baldwin’s hometown of New York. But it will be essentially an unheard-of experience for those who are picked as jurors in Santa Fe, New Mexico, though in recent years the state has increasingly become a hub of Hollywood production.Baldwin and his wife Hilaria arrived at the courthouse Tuesday with their youngest child, Ilaria Catalina Irena Baldwin. The couple have seven children, ranging in ages from 1 to 10.Baldwin, 66, could get up to 18 months in prison if jurors unanimously decide to convict him. The jurors are tasked with deciding whether Baldwin committed the felony when, during a rehearsal in October 2021, a revolver went off while he was pointing it at cinematographer Halyna Hutchins, killing her and wounding director Joel Souza. They were on the set of the Western film “Rust,” at Bonanza Creek Ranch some 18 miles from where the trial is being held.Baldwin has said the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger — and it fired.The star of “30 Rock” and “The Hunt for Red October” made his first appearance in the courtroom on Monday, when Judge Mary Marlowe Sommer, in a significant victory for the defense, ruled at a pretrial hearing that Baldwin’s role as a co-producer on “Rust” isn’t relevant to the trial.On Tuesday, 79 people will be questioned and narrowed down. “It’s a process where both sides get to ask really specific questions of jurors,” John Day, a legal expert with sister station KOAT, said.He added, questions will come after some extensive research by both the prosecution and the defense.”Like, looked up their social media posts to see if they’ve said anything about this trial, or about guns in general, or Alec Baldwin in particular,” Day said.Candidates will also be grouped up in a 50-minute selection to ensure a faster process. Something that differed from Hannah Gutierrez-Reed’s trial. Twelve jurors and four alternates were selected in her case.”They were feeling pretty strongly that she had one job, and she didn’t do it,” Day said. “Her job was to make sure that there was no live ammunition on the set and that the guns didn’t have anything that was going to hurt someone.”That means finding the perfect juror will be key in a limited amount of time. “The ultimate juror is someone who can say, ‘I might know about the case, but I don’t have an opinion,’” Day said.However, certain ideas may be favored.For the prosecutions, the team will be looking closely at gun safety.”You’re going to want people on the jury who are familiar with gun safety issues, right?” Day said. “Who knows about gun safety, and who is going to be skeptical of somebody pointing a gun at someone without knowing what’s in it.”As for the defense, attorneys will closely look at movie set protocols.”You’re going to want people who would agree that a film is not like real life,” he said. “That if you’re an actor on a film set and someone hands you a gun and says it’s safe, there’s no reason to think otherwise.”But each side can only reject a certain number of potential jurors. “People that can kick off or they can say, ‘we’re not going to take that person for this reason,’” Day said. “It’s a process of narrowing down a large pool into a much smaller pool of jurors and alternates.”Jury selection will begin Tuesday morning at the Santa Fe County Courthouse. Opening statements are expected Wednesday.The Associated Press contributed to this report.

SANTA FE, N.M. —

Alec Baldwin’s trial in the shooting of a cinematographer begins Tuesday with the selection of jurors who will be tasked with deciding whether the actor is guilty of involuntary manslaughter.

Getting chosen to serve in a trial of such a major star accused of such a major crime would be unusual even in Los Angeles or Baldwin’s hometown of New York. But it will be essentially an unheard-of experience for those who are picked as jurors in Santa Fe, New Mexico, though in recent years the state has increasingly become a hub of Hollywood production.

Baldwin and his wife Hilaria arrived at the courthouse Tuesday with their youngest child, Ilaria Catalina Irena Baldwin. The couple have seven children, ranging in ages from 1 to 10.

Baldwin, 66, could get up to 18 months in prison if jurors unanimously decide to convict him. The jurors are tasked with deciding whether Baldwin committed the felony when, during a rehearsal in October 2021, a revolver went off while he was pointing it at cinematographer Halyna Hutchins, killing her and wounding director Joel Souza. They were on the set of the Western film “Rust,” at Bonanza Creek Ranch some 18 miles from where the trial is being held.

Baldwin has said the gun fired accidentally after he followed instructions to point it toward Hutchins, who was behind the camera. Unaware that the gun contained a live round, Baldwin said he pulled back the hammer — not the trigger — and it fired.

The star of “30 Rock” and “The Hunt for Red October” made his first appearance in the courtroom on Monday, when Judge Mary Marlowe Sommer, in a significant victory for the defense, ruled at a pretrial hearing that Baldwin’s role as a co-producer on “Rust” isn’t relevant to the trial.

On Tuesday, 79 people will be questioned and narrowed down.

“It’s a process where both sides get to ask really specific questions of jurors,” John Day, a legal expert with sister station KOAT, said.

He added, questions will come after some extensive research by both the prosecution and the defense.

“Like, [they may have] looked up their social media posts to see if they’ve said anything about this trial, or about guns in general, or Alec Baldwin in particular,” Day said.

Candidates will also be grouped up in a 50-minute selection to ensure a faster process.

Something that differed from Hannah Gutierrez-Reed’s trial. Twelve jurors and four alternates were selected in her case.

“They were feeling pretty strongly that she had one job, and she didn’t do it,” Day said. “Her job was to make sure that there was no live ammunition on the set and that the guns didn’t have anything that was going to hurt someone.”

That means finding the perfect juror will be key in a limited amount of time.

“The ultimate juror is someone who can say, ‘I might know about the case, but I don’t have an opinion,’” Day said.

However, certain ideas may be favored.

For the prosecutions, the team will be looking closely at gun safety.

“You’re going to want people on the jury who are familiar with gun safety issues, right?” Day said. “Who knows about gun safety, and who is going to be skeptical of somebody pointing a gun at someone without knowing what’s in it.”

As for the defense, attorneys will closely look at movie set protocols.

“You’re going to want people who would agree that a film is not like real life,” he said. “That if you’re an actor on a film set and someone hands you a gun and says it’s safe, there’s no reason to think otherwise.”

But each side can only reject a certain number of potential jurors.

“People that [the teams] can kick off or [that] they can say, ‘we’re not going to take that person for this reason,’” Day said. “It’s a process of narrowing down a large pool into a much smaller pool of jurors and alternates.”

Jury selection will begin Tuesday morning at the Santa Fe County Courthouse. Opening statements are expected Wednesday.

The Associated Press contributed to this report.

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July 9, 2024
Trump hush-money trial: 1st day ends without any jurors being picked

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NEW YORK — The historic hush-money trial of Donald Trump got underway Monday with the arduous process of selecting a jury to hear the case charging the former president with falsifying business records in order to stifle stories about his sex life.

The day ended without any jurors being seated. The selection process was scheduled to resume Tuesday.

The first criminal trial of any former U.S. president began as Trump vies to reclaim the White House, creating a remarkable split-screen spectacle of the presumptive Republican nominee spending his days as a criminal defendant while simultaneously campaigning for office. He’s blended those roles over the last year by presenting himself to supporters, on the campaign trail and on social media, as a target of politically motivated prosecutions designed to derail his candidacy.

Former President Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 15, 2024, in New York.

After a norm-shattering presidency shadowed by years of investigations, the trial amounts to a courtroom reckoning for Trump, who faces four indictments charging him with crimes ranging from hoarding classified documents to plotting to overturn an election. Yet the political stakes are less clear because a conviction would not preclude him from becoming president and because the allegations in this case date back years and are seen as less grievous than the conduct behind the three other indictments.

The day began with hours of pretrial arguments – including over a potential fine for Trump – before moving into the start of jury selection. The first members of the jury pool – 96 in all – were summoned into the courtroom, where the parties will decide who among them might be picked to decide the legal fate of the former, and potentially future, American president.

Trump craned his neck to look back at the pool, whispering to his lawyer as they entered the jury box.

“You are about to participate in a trial by jury. The system of trial by jury is one of the cornerstones of our judicial system,” Judge Juan Merchan told the jurors. “The name of this case is the People of the State of New York vs. Donald Trump.”

Trump’s notoriety would make the process of picking 12 jurors and six alternates a near-herculean task in any year, but it’s likely to be especially challenging now, unfolding in a closely contested presidential election in the heavily Democratic city where Trump grew up and catapulted to celebrity status decades before winning the White House.

In this courtroom sketch, Judge Juan M. Merchan presides over former U.S. President Donald Trump’s trial in a Manhattan criminal court in New York, Monday, April 15, 2024.

Jane Rosenberg/Pool Photo via AP

Underscoring the difficulty, only about a third of the 96 people in the first panel of potential jurors remained after the judge excused some members of the jury pool. More than half of the group was excused after telling the judge they could not be fair and impartial. At least nine more prospective jurors were excused after raising their hands when Merchan asked if they could not serve for any other reason.

A female juror was excused after saying she had strong opinions about Trump. Earlier in the questionnaire, the woman, a Harlem resident, indicated she could be neutral in deciding the case. But when asked whether she had strong opinions about the former president, the woman answered matter-of-factly: “Yes.”

When Merchan asked her to repeat the response, she replied: “Yeah, I said yes.” She was dismissed.

Merchan has written that the key is “whether the prospective juror can assure us that they will set aside any personal feelings or biases and render a decision that is based on the evidence and the law.”

No matter the outcome, Trump is determined to benefit from the proceedings, casting the case, and his indictments elsewhere, as a broad “weaponization of law enforcement” by Democratic prosecutors and officials. He maintains they are orchestrating sham charges in hopes of impeding his presidential run.

He’s lambasted judges and prosecutors for years, a pattern of attacks that continued up to the moment he entered court Monday when he called the case an “assault on America” and said: ‘”This is political persecution. This is a persecution like never before.”

Earlier Monday, the judge denied a defense request to recuse from the case after Trump’s lawyers claimed he had a conflict of interest. He also said prosecutors could not play for the jury the 2005 “Access Hollywood” recording in which Trump was captured discussing grabbing women sexually without their permission. However, prosecutors will be allowed to question witnesses about the recording, which became public in the final weeks of the 2016 campaign.

Prosecutors with the Manhattan district attorney’s office also asked for Merchan to fine Trump $3,000 over social media posts they said violated the judge’s gag order barring him from attacking witnesses. Last week, he used his Truth Social platform to call his former lawyer Michael Cohen and the adult film actor Stormy Daniels “two sleaze bags who have, with their lies and misrepresentations, cost our Country dearly!”

Trump lawyer Todd Blanche maintained Trump was simply responding to the witnesses’ statements.

“It’s not as if President Trump is going out and targeting individuals. He is responding to salacious, repeated vehement attacks by these witnesses,” Blanche said.

Merchan did not rule on the request immediately, instead setting a hearing for next week.

Trump has pleaded not guilty to 34 felony counts of falsifying business records. Prosecutors say the alleged fraud was part of an effort to keep salacious – and, Trump says, bogus – stories about his sex life from emerging during his 2016 campaign.

The charges center on $130,000 in payments that Trump’s company made to Cohen. He paid that sum on Trump’s behalf to keep Daniels from going public, a month before the election, with her claims of a sexual encounter with the married mogul a decade earlier.

Prosecutors say the payments to Cohen were falsely logged as legal fees in order to cloak their actual purpose. Trump’s lawyers say the disbursements indeed were legal expenses, not a cover-up.

After decades of fielding and initiating lawsuits, the businessman-turned-politician now faces a trial that could result in up to four years in prison if he’s convicted, though a no-jail sentence also would be possible. Trump would also be expected to appeal any conviction.

Trump’s attorneys lost a bid to get the hush-money case dismissed and have since repeatedly sought to delay it, prompting a flurry of last-minute appeals court hearings last week.

Among other things, Trump’s lawyers maintain that the jury pool in overwhelmingly Democratic Manhattan has been tainted by negative publicity about Trump and that the case should be moved elsewhere.

An appeals judge turned down an emergency request to delay the trial while the change-of-venue request goes to a group of appellate judges, who are set to consider it in the coming weeks.

Manhattan prosecutors have countered that a lot of the publicity stems from Trump’s own comments and that questioning will tease out whether prospective jurors can put aside any preconceptions they may have. There’s no reason, prosecutors said, to think that 12 fair and impartial people can’t be found amid Manhattan’s roughly 1.4 million adult residents.

The prospective jurors will be known only by number, as the judge has ordered that their names be kept secret from everyone except prosecutors, Trump and their legal teams. The 42 preapproved, sometimes multi-pronged queries include background basics but also reflect the uniqueness of the case.

They’re being asked, among other questions, about their hobbies and news habits, if they hold strong beliefs about Trump that would prevent them being impartial and about attendance at Trump or anti-Trump rallies.

Based on the answers, the attorneys can ask a judge to eliminate people “for cause” if they meet certain criteria for being unable to serve or be unbiased. The lawyers also can use “peremptory challenges” to nix 10 potential jurors and two prospective alternates without giving a reason.

“If you’re going to strike everybody who’s either a Republican or a Democrat,” the judge observed at a February hearing, “you’re going to run out of peremptory challenges very quickly.”

_____

Tucker reported from Washington. Associated Press writer Jake Offenhartz in New York contributed to this report.

Copyright © 2024 by The Associated Press. All Rights Reserved.

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April 15, 2024
Trump hush money trial: Judge affirms ‘Access Hollywood’ tape can’t be played, jury selection begins

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NEW YORK — Donald Trump arrived Monday at a New York court for the start of jury selection in his hush-money trial, marking a singular moment in American history as the former president answers to criminal charges that he falsified business records in order to stifle stories about his sex life.

The first trial of any former U.S. commander in chief will unfold as Trump vies to reclaim the White House, creating a remarkable split-screen spectacle of the presumptive Republican nominee spending his days as a criminal defendant while also campaigning for the presidency. He’s blended those roles over the last year by presenting himself, on the campaign trail and on social media, as victim of politically motivated prosecutions designed to derail his candidacy.

After a norm-shattering presidency shadowed by years of investigations, the trial amounts to a historic courtroom reckoning for Trump, who now faces four indictments charging him with crimes ranging from hoarding classified documents to plotting to overturn an election. Yet the political stakes are less clear since a conviction would not preclude him from becoming president and because the allegations in this case have been known for years and are seen as less grievous than the conduct behind the three other indictments.

The day began with Judge Juan M. Merchan ruling on a variety of procedural pretrial motions as Trump sat hunched over in his seat and stared into a monitor directly in front of him on the defense table while evidence was shown.

The judge denied a defense request to recuse himself from the case after Trump’s lawyers said he had a conflict of interest. He also said prosecutors could not play for the jury the 2005 “Access Hollywood” recording in which Trump was captured discussing grabbing women sexually without their permission. However, prosecutors will be allowed to question witnesses about the recording, which became public in the final weeks of the 2016 campaign.

When jury selection begins, scores of people are due to be called into the courtroom to start the process of finding 12 jurors, plus six alternates. Trump’s notoriety would make the process of picking a jury a near-herculean task in any year, but it’s likely to be especially challenging now, unfolding in a closely contested presidential election in the city where Trump grew up and catapulted to celebrity status before winning the White House.

Former President Donald Trump leaves Trump Tower on his way to Manhattan criminal court, Monday, April 15, 2024, in New York.

Merchan has written that the key is “whether the prospective juror can assure us that they will set aside any personal feelings or biases and render a decision that is based on the evidence and the law.”

No matter the outcome, Trump is determined to benefit from the proceedings, casting the case, and his indictments elsewhere, as a broad “weaponization of law enforcement” by Democratic prosecutors and officials. He maintains they are orchestrating sham charges in hopes of impeding his presidential run.

He’s lambasted judges and prosecutors for years, a pattern of attacks that continued up to the moment he entered court on Monday, when he said: ‘”This is political persecution. This is a persecution like never before.”

Trump has pleaded not guilty to 34 felony counts of falsifying business records that arose from an alleged effort to keep salacious – and, he says, bogus – stories about his sex life from emerging during his 2016 campaign.

The charges center on $130,000 in payments that Trump’s company made to his then-lawyer, Michael Cohen. He had paid that sum on Trump’s behalf to keep porn actor Stormy Daniels from going public, a month before the election, with her claims of a sexual encounter with the married mogul a decade earlier.

Prosecutors say the payments to Cohen were falsely logged as legal fees in order to cloak their actual purpose. Trump’s lawyers say the disbursements indeed were legal expenses, not a cover-up.

After decades of fielding and initiating lawsuits, the businessman-turned-politician now faces a trial that could result in up to four years in prison if he’s convicted, though a no-jail sentence also would be possible. Trump would also be expected to appeal any conviction.

Trump’s attorneys lost a bid to get the hush-money case dismissed and have since repeatedly sought to delay it, prompting a flurry of last-minute appeals court hearings last week.

Among other things, Trump’s lawyers maintain that the jury pool in overwhelmingly Democratic Manhattan has been tainted by negative publicity about Trump and that the case should be moved elsewhere.

An appeals judge turned down an emergency request to delay the trial while the change-of-venue request goes to a group of appellate judges, who are set to consider it in the coming weeks.

Manhattan prosecutors have countered that a lot of the publicity stems from Trump’s own comments and that questioning will tease out whether prospective jurors can put aside any preconceptions they may have. There’s no reason, prosecutors said, to think that 12 fair and impartial people can’t be found amid Manhattan’s roughly 1.4 million adult residents.

The process of choosing those 12, plus six alternates, will begin with scores of people filing into Merchan’s courtroom. They will be known only by number, as he has ordered their names to be kept secret from everyone except prosecutors, Trump and their legal teams.

After hearing some basics about the case and jury service, the prospective jurors will be asked to raise hands if they believe they cannot serve or be fair and impartial. Those who do so will be excused, according to Merchan’s filing last week.

The rest will be eligible for questioning. The 42 preapproved, sometimes multi-pronged queries include background basics but also reflect the uniqueness of the case.

“Do you have any strong opinions or firmly held beliefs about former President Donald Trump, or the fact that he is a current candidate for president, that would interfere with your ability to be a fair and impartial juror?” asks one question.

Others ask about attendance at Trump or anti-Trump rallies, opinions on how he’s being treated in the case, news sources and more – including any “political, moral, intellectual, or religious beliefs or opinions” that might “slant” a prospective juror’s approach to the case.

Based on the answers, the attorneys can ask a judge to eliminate people “for cause” if they meet certain criteria for being unable to serve or be unbiased. The lawyers also can use “peremptory challenges” to nix 10 potential jurors and two prospective alternates without giving a reason.

“If you’re going to strike everybody who’s either a Republican or a Democrat,” the judge observed at a February hearing, “you’re going to run out of peremptory challenges very quickly.”

Copyright © 2024 by The Associated Press. All Rights Reserved.

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April 15, 2024
Trump hush money case makes history with first criminal trial of a former president

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NEW YORK — Donald Trump will make history when he arrives in lower Manhattan Monday morning as the first former president to go on trial for criminal charges.

Despite a blitz of last-minute attempts to derail the trial, jury selection is expected to get underway and will continue until a panel of 12 New Yorkers and alternates are seated, a process that could take at least a week.

The historic trial centers on a potential sex scandal coverup that took place just days before the 2016 presidential election. Prosecutors allege Trump falsified business records to hide the reimbursement of hush money payments that were made to influence the election outcome. Trump has pleaded not guilty and has denied having an affair with adult film star Stormy Daniels.

The case will be a major test for Manhattan District Attorney Alvin Bragg, a Democrat, as it may be the only one of Trump’s four criminal cases to face a jury before Election Day. Trump will trade the campaign trail for the courtroom, where the presumptive Republican presidential nominee is expected to be four days a week for the next two months.

RELATED: New York appeals court rejects Donald Trump’s third request to delay Monday’s hush money trial

The former president has used his court appearances to rally supporters for his campaign but, despite his showmanship, the stakes for Trump are high. Trump is charged with 34 felony counts of falsifying business records in the first degree. If convicted, Judge Juan Merchan, the no-nonsense judge overseeing the trial, could sentence Trump to probation or a maximum sentence of 1 1/3 to 4 years on each count in state prison. A president has no authority to pardon state crimes.

The trial will pit witnesses once in Trump’s inner circle against the former president, including his onetime attorney and former fixer Michael Cohen, who pleaded guilty to federal campaign finance charges; long-time friend and former CEO of the company that published the National Enquirer, David Pecker, who executed “catch and kill” deals; and campaign confidante Hope Hicks.

It will also take the jury inside the Oval Office, where prosecutors allege then-President Trump signed-off on the cover-up that involved falsifying business records – invoices, ledger entries and checks – to reimburse Cohen for phony legal services. And it may feature at least one audio recording of Trump and Cohen allegedly discussing a catch and kill deal.

Despite the salacious nature of the allegations, a lot of testimony will likely focus on mundane back-office recordkeeping. Prosecutors said there are 18 witnesses they may call to enter financial documents into the case if both sides aren’t able to reach an agreement about their authenticity.

The burden of proof

Prosecutors need to prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime, but they don’t have to prove that Trump committed that crime. The prosecution theory is that second crime could be in violation of federal and state election laws or state tax laws for how the Cohen reimbursement was handled.

Trump’s attorneys have kept their defense close to the vest, but in court filings they’ve indicated that they plan to attack the credibility of Daniels and Cohen and paint them as liars who are motivated by grudges and money.

His legal team is led by Todd Blanche and Emil Bove, two former federal prosecutors from New York, and Susan Necheles, a veteran criminal defense lawyer with deep experience in New York and before Merchan. Necheles represented Trump’s business at its tax fraud trial in 2022. The company was convicted.

Outside lawyers who have been following the case closely say Trump is likely to argue that hush money payments are legal and distance Trump from the repayment scheme and bookkeeping handled by his trusted employees. They may also argue the payments were made to prevent embarrassment to Trump’s family and not to influence the election.

Trump’s lawyers said they plan to call at least two witnesses in their case: Bradley Smith, a former commissioner of the Federal Election Commission, and Alan Garten, the top legal officer of the Trump Organization. Merchan has limited the scope of Smith’s testimony to describing the role and function of the FEC and defining certain terms, such as campaign contributions, but has blocked him from testifying about whether the law was violated in this case.

Trump could also testify in his own defense. He has testified in two recent civil trials, after regretting not taking the stand in a prior civil trial, but the stakes are higher in a criminal case.

The doorman, the model, and the porn star

The trial goes back to the final days of the 2016 presidential election when Stormy Daniels was about to go public with allegations that she had sex with Trump in 2006 at a golf tournament in Lake Tahoe. The Access Hollywood tape catching Trump on a hot mic speaking graphically about his proclivity to grope women had just come out, sending panic into his campaign as it sought to limit the impact on female voters, prosecutors allege.

Trump’s allies scrambled to pay Daniels hush money to prevent her from speaking out, the indictment alleges.

ALSO SEE: Stormy Daniels says she is ‘absolutely ready’ to testify at Trump’s hush money trial

It was the third “catch and kill” deal to come after a key meeting at Trump Tower in August 2015 between Trump, Cohen and Pecker. At the meeting, which was held one month after Trump announced his candidacy, Pecker allegedly agreed to be the “eyes and ears” for the campaign to look out for negative stories, according to the indictment.

In 2015, American Media, the then-publisher of the National Enquirer, paid a doorman to bury a false story and the following year the publisher paid Karen McDougal, a former Playboy playmate who said she had a sexual relationship with Trump while he was married, $150,000 for her silence and offered her two magazine cover stories.

Two months later, on October 7, the Access Hollywood tape was released. On October 27, 2016, Cohen wired the money to Daniels and 12 days later Trump won the election.

The alleged cover up

Prosecutors allege that Trump agreed to reimburse Cohen, who hammered out the details with Allen Weisselberg, the former longtime chief financial officer of the Trump Organization. As part of the alleged scheme, the Trump Organization paid Cohen $420,000 to reimburse him for the payment, some political work, taxes and a bonus. According to prosecutors, the Trump Organization noted on the checks to Cohen and in their books that the payments were legal expenses pursuant to a retainer agreement.

(The-CNN-Wire & 2023 Cable News Network, Inc., a Time Warner Company. All rights reserved.)

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April 15, 2024
Jury Selection Complete In Oath Keepers Seditious Conspiracy Trial

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WASHINGTON — A panel of jurors was chosen Thursday to serve in the Oath Keepers’ sedition trial after three long days of selection proceedings in federal court.

The group of 12, with four alternates, will weigh evidence starting next week to determine whether members of the far-right extremist group conspired to stop the peaceful transfer of presidential power from Donald Trump to Joe Biden on Jan. 6, 2021.

Judge Amit Mehta of the U.S. District Court for the District of Columbia will swear the panel in on Monday before opening statements are presented.

The Oath Keepers’ founder, Elmer Stewart Rhodes, and four co-conspirators who allegedly held leadership positions in the group are each facing up to 20 years behind bars for seditious conspiracy.

A conviction would be a big victory for the Justice Department, whose work tracking down and charging the U.S. Capitol rioters constitutes the largest criminal investigation in its history. It would also bolster the Biden administration’s characterizations of the Capitol riot as a threat to American democracy.

Roughly half the jurors are women. Most had heard of the Oath Keepers, although they were not generally very familiar with it. Of those who had heard of the group, the jurors tended to be aware that its members were involved with the Jan. 6 attack on the Capitol, but they were not familiar with any specifics. Many had seen some coverage of the House select committee’s public hearings on the events of that day but were not avid viewers.

All expressed a willingness to set aside any prior impressions of the group in order to do their jobs fairly as jurors. As one put it, “Facts is facts.”

Over the length of the trial, which is expected to last at least five weeks, jurors will be expected to avoid all news coverage of the trial and of the Jan. 6 attack, including tweets and push notifications, which they will have to silence.

Thomas Caldwell of Berryville, Virginia, a defendant charged with seditious conspiracy in one of the most serious cases to emerge from the Jan. 6, 2021, attack on the U.S. Capitol, talks to a woman Thursday as he stands in line outside the federal courthouse in Washington on the third day of jury selection.

Manuel Balce Ceneta/Associated Press

The juror selection process highlighted the lasting impressions Jan. 6 has made on some District of Columbia residents, with many recalling the fear and anxiety they experienced as a rally organized by Trump and his supporters descended into chaos. One of the potential jurors knew one of the U.S. Capitol Police officers who responded to the violence and, two days later, killed himself. Another likened watching the riot unfold on TV to watching the aftermath of the 9/11 terrorist attacks. One man appeared visibly upset recalling the threat the Capitol rioters had potentially posed to his children. None of these members of the pool were ultimately chosen to be on the jury.

Mehta qualified more than 45 jurors over the course of three days; attorneys for the government and for the defendants were then given a chance to veto a certain number of candidates. The judge reasoned that certain people could be qualified even if they had a connection to Jan. 6 if they demonstrated an ability to talk about the events of the day without emotion.

Extensive questioning had eliminated many prospective jurors who were too familiar with the Oath Keepers’ role in the Capitol attack; reports have already come out with significant evidence of their planning.

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September 30, 2022