Post on 08-Apr-2018
transcript
8/6/2019 Felton Dorsey
1/384
i*
8/6/2019 Felton Dorsey
2/384
. :
,
.!" !I
...
L.
DUPLICATE .TRANSCRIPT>
DUPLICATEA No. 10 K A 216'SUPREME COURTOFTHE STATE OFLOUISIANA
Volume N&LU D F X WFiled
API?ELLEEPlaintiff and
VERSUS
F E L T O N DEJUAN D O R S E YI
SUPREMECOURTOF LOUISIANAFiled
APPELLANT JAN 2 6 2010Defendant and
. .
UClerkAPPEAL FROMTheF' ST
Judicial District Court for theCADDOPariah of
HON . J O H N MOSELY , J R .- ~ d 5 1 , 4 0 6 # \\ Judgo
ML
BRADY 0 ' CALLAGHANJ . D H U THOMPSONASSISTANT DISTRICT ATTORNEYS
CADDO PARISH CDUKFHOUSESTATE-APPELLEE
Counrel forSHREVEPORT LA 71101
CAPTTAT APPEAT,S PR0.TEC.T nEFENDANT-APPELLANT63 6 BARONNE STREET, FLOOR 3
Counrel for
NEW ORLEANS LA 70113-1004
lurnl.hd wlth h t h ' a TrurmrlptCOV~N
UHl H .I 4zz-u
8/6/2019 Felton Dorsey
3/384
1 06 - 1 063
8/6/2019 Felton Dorsey
4/384
i -. 7
d
! I-- .. .
c
cV-.J
3
rrrrCA-Jrr'2 -J
8/6/2019 Felton Dorsey
19/384
8/6/2019 Felton Dorsey
20/384
x'A
c c- c c
xx xxxc
GC3 9
I3
G2w0.cj\I rn
W
C
Lc)P,h
c.CL.r-
xxN '1 1\1IE1)(31406)
8/6/2019 Felton Dorsey
24/384
8/6/2019 Felton Dorsey
25/384
EV 1DENCE C N ' I Id [I ED( 2 514.06)
8/6/2019 Felton Dorsey
26/384
mn
id'dr
3-,,-
I -- A 1- - zri ) L-r j o- Icl'A-.2Z L04
8/6/2019 Felton Dorsey
27/384
EV IDENCE C'ON'U 1\1 LJ ED(35 1406)
- .- ..1
-. ,-_-
8/6/2019 Felton Dorsey
28/384
0b@.-.04 I
\
I T
E
o h 'C T
cz4E
8/6/2019 Felton Dorsey
29/384
8/6/2019 Felton Dorsey
30/384
c - cQ 0:\ \P Ccc LJ\ \
13 1.3C 0G CVI Gi 0z
3
t!
,>z r;> orE H00
8/6/2019 Felton Dorsey
31/384
0 3 / 2G / 2 0 0'7
8/6/2019 Felton Dorsey
32/384
8/6/2019 Felton Dorsey
33/384
C A S E NUlvlEEK : 2 5 14 06 ( C O N T ' 0 )
8/6/2019 Felton Dorsey
34/384
8/6/2019 Felton Dorsey
35/384
CASE NUMBER: 2 5 I 4 0 ( (30N'I" D!
8/6/2019 Felton Dorsey
36/384
'7 l- 'C.'AS : 11LJMBE ? : L. .I I. 4 0 ; [ cc)\J1:' 13 )
8/6/2019 Felton Dorsey
37/384
8/6/2019 Felton Dorsey
38/384
8/6/2019 Felton Dorsey
39/384
8/6/2019 Felton Dorsey
40/384
( COlil'T" D
8/6/2019 Felton Dorsey
41/384
8/6/2019 Felton Dorsey
42/384
i I ...8 . ,;;*
8/6/2019 Felton Dorsey
43/384
. -.
1
2
3
4
5
6
7
8
9
1 0
11
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 6 D [2 7
2 8
2 9
3 0
3 1
3 2
IN T.HE FIRST JUDICIAL DISTRICT COURTIN AND FOR PARISH OF C A D D O
SHREVEPORT, LOUISIANA
STATE OF LOUISIANA
VERSUS
F E L T O N D E J U A N D O R S E Y :CASE NO.: 251406'
TRANSCRIPT OF THE PROCEEDINGS HAD
in the trial of the above-styled and numbered
c a u s e b e f o r e HIS HONOR JOHN D. MOSELY, JR. ,
Judge o f the First Judicial District Court, in
and for Caddo Parish, at Shreveport,
Louisiana, on the 14th day of May, 2 0 0 9 , A.D.
APPEARANCES:
M R . CHARLES R. SCOTTCaddo Parish District Attorney
M R . BRADY O'CALLAGHANM R . J. DHU THOMPSONAssistant District Attorneys
lr
M R . DAVID R. MCCLATCHEYM R . GLEN GARRETM S. MICHELLE A. ANDREPONTAssistant Indigent Defenders
Reported by:. V i c k i D. BeggsOfficial Court Reporter CSR
8/6/2019 Felton Dorsey
44/384
I N D E X- - - - -
i Examination b y the Defense. . . . 1 5 81 Defense challenges for cause. . - 1 6 3
VOIR DIRE EXAMINATION:
i Examination b y the Defense. . . . 1 5 81 Defense challenges for cause. . - 1 6 3
Mark Na.tale
I
i
I
Ii
Cheryl D. Thornton
I
i
I
III
PAGE :
I
J o a n n S . Stewart
Irma L. Edwards
Ronald T. Olague
Danny Walker
Monica M. Hicks
Carlita R. DixonCharles Walters, Jr.
Sharon Snelling
Marvin Jefferson
8/6/2019 Felton Dorsey
45/384
1
2
3
4
5
6
7
a
9
1 0
11
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
. 2 7
2 8
2 9
3 0
3 1
3 2
VOIR DIRE EXAMINATION:
Nicholas Burks
D e l o r i s HarrisTheresa Williams
Randolph Dozier
R e a t h e r BarnesTeresa Yeates
K r i s S t . PierreAngela Johnson
Cynthia Andrews
Thomas Dewett
Jeffrey Smith
Cheryl Mouser
Lashunda Knowles
Eddie Dennis
R i c o JonesCarl Staples
Malcolm Brown
Examination by the State. . . . . 2 7 6Examination b y the Defense. . . - 3 1 6State challenges for cause. . . . 3 2 1State challenges for cause. . . . 3 3 3Defense challenges for cause. . - 3 3 3State challenges for cause. . . . 3 3 4Defense challenges for cause. . . 3 3 5State challenges for cause. . . . 3 3 9
33 5719
8/6/2019 Felton Dorsey
46/384
1 0
11
1 2
1 3
1 4
15
16
1 7
18
1 9
2 0
21
22
2 3
2 4
2 5
26
2 7
2 8
2 9
3 0
3 1
3 2
Klrue7
Klrue7
M O R N I N G S E S S I O N
May 1 4 , 2009W H E R E U P O N . . .
t h e f o l l o w i n g p r o c e e d i n g s were h a d :
(Whereupon t h e d e f e n d a n t was p r e s e n t w i t h
c o u n s e l . 1
M O R N I N G S E S S I O N
May 1 4 , 2009W H E R E U P O N . . .
t h e f o l l o w i n g p r o c e e d i n g s were h a d :
(Whereupon t h e d e f e n d a n t was p r e s e n t w i t h
c o u n s e l . 1M R . O ' C A L L A G H A N : F o r t h e r e c o r d , t h i sR . O ' C A L L A G H A N : F o r t h e r e c o r d , t h i s
i s S t a t e of L o u i s i a n a v s . F e l t o n D o r se y . Thei s S t a t e of L o u i s i a n a v s . F e l t o n D o r se y . The
d e f e n d a n t i s p r e s e n t ; on h i s b e h a l f a r ed e f e n d a n t i s p r e s e n t ; on h i s b e h a l f a r e
M r . G l e n G a r r e t a n d Ms. Michelle AndrePontM r . G l e n G a r r e t a n d Ms. Michelle AndrePont
f ro m t h e , p u b l i c d e f e n d e r ' s o f f i c e . T h e r e a r ef ro m t h e , p u b l i c d e f e n d e r ' s o f f i c e . T h e r e a r e
no p r o s p e c t i v e j u r o r s p r e s e n t . P r e s e n t f o r t h eno p r o s p e c t i v e j u r o r s p r e s e n t . P r e s e n t f o r t h e
S t a t e a r e B ra dy O ' C a l l a g h a n , Dhu Thompson andDistric t Attorney Charles Scott,.
M R . G A R R E T : G l e n G a r r e t f o r t h e
S t a t e a r e B ra dy O ' C a l l a g h a n , Dhu Thompson andDistric t Attorney Charles Scott,.
M R . G A R R E T : G l e n G a r r e t f o r t h ed e f e n s e , a nd M r . G o l d e n a n d M r . M c C l a t c h e y ,
I ' m s u r e , a r e on t h e i r way.
( Wher eupon a d i s c u s s i o n o f f t h e r e c o r d was
d e f e n s e , a nd M r . G o l d e n a n d M r . M c C l a t c h e y ,
I ' m s u r e , a r e on t h e i r way.
( Wher eupon a d i s c u s s i o n o f f t h e r e c o r d was
h e l d . ) Ih e l d . ) I
M R . O ' C A L L A G H A N : Your H on o r, I ' v ei d e n t i f i e d on e a c h of t h e s e t s o f p h o t o g r a p h s ,
M R . O ' C A L L A G H A N : Your H on o r, I ' v ei d e n t i f i e d on e a c h of t h e s e t s o f p h o t o g r a p h s ,
I h a ve w r i t t e n a s m a l l h a n d w r i t t e n n umber onI h a ve w r i t t e n a s m a l l h a n d w r i t t e n n umber on
t h e b ac k of e a c h f o r r e f e r e n c e p u r p o s e s , s ot h e b ac k of e a c h f o r r e f e r e n c e p u r p o s e s , s o
t h e y c a n a l l l i t e r a l l y be on t h e s a m e p a g et h e y c a n a l l l i t e r a l l y be on t h e s a m e p a g e
w h e n d i s c u s s i n g t h e c o n t e n t s o f t h o s ew h e n d i s c u s s i n g t h e c o n t e n t s o f t h o s e
p h o t o g r a p h s .
I would a l s o n o t e t h a t t h i s m o r n i n g t h e
p h o t o g r a p h s .
I would a l s o n o t e t h a t t h i s m o r n i n g t h e
S t a t e p r o v i d e d d e f e n s e c o u n s e l w i t h a C DS t a t e p r o v i d e d d e f e n s e c o u n s e l w i t h a C D
c o n t a i n i n g a u t o p sy p ho t o s r e c e i v e d f rom
D r . . P e r e t t i j u s t t o be c l e a r f o r t h e r e c o r d .c o n t a i n i n g a u t o p sy p ho t o s r e c e i v e d f rom
D r . . P e r e t t i j u s t t o be c l e a r f o r t h e r e c o r d .
O r i g i n a l l y , t h e S t a t e h a d a u to p s y . p h o t o s t h a tO r i g i n a l l y , t h e S t a t e h a d a u to p s y . p h o t o s t h a t
i t t e n d e r e d t o d e f e n s e , t h e y were a c t u a l l yi t t e n d e r e d t o d e f e n s e , t h e y were a c t u a l l y
8/6/2019 Felton Dorsey
47/384
1
2
3
4
5
6
7
8
9
10
11
1 2
1 3
14
15
1 6
1 7
1 81 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
t a k e n b y D ep u t y J e f f Thoma s who a c c o m p a n i e d
M r . P r o c k ' s bo dy t o A r k a n s a s a n d p h o t o g r a p h e di t t h e r e . The S t a t e o n l y i n t e n d s t o u s e two
o f D r . P e r e t t i ' s a c t u a l p h o t o g ra p h s s i n c e a l lt h e o t h e r s a r e e s s e n t i a l l y d u p l i c a t i v e w i t h
t h e o n e s t h a t D ep ut y Thomas t o o k . T h a t C D a l s o
c o n t a i n s a d d i t i o n a l s t i l l f r a me s c a p t u r e d f rom
v i d e o p r e v i o u s l y t e n d e r e d t o d e f e n s e c o u n s e l
f rom a surveillance camera, I can't think of
t h e a d d r e s s - - t h e 9 0 0 0 b l o c k o f
Gr ee nw oo d S p r i n g r i d g e Road a n d a n o t h e r p h o t o
o f t h e v i c t i m b e f o r e t h i s i n c i d e n t t o be u s e d
f o r identification p u r p o s e s .
' M R . G A R R E T : Your H o no r , d e f e n s ea ck no wl ed ge s r e c e i p t o f t h e C D f r o m
M r . O ' C a l l a g h a n .T H E C O U R T : A l l r i g h t .
M R . G A R R E T : Even though M r . G o l d e n a n dM r . M c C l a t c h e y h a ve n o t a r r i v e d , w e a r ep r e p a r e d t o go f o r w a r d w i t h t h e m o t i o n i f
t h a t ' s t h e C o u r t p l e a s u r e .
T H E C O U R T : We w i l l w a i t .
M R . G A R R E T : Okay. Thank you .( Wher eupon a d i s c u s s i o n o f f t h e r e c o r d was ~
h e l d . )
M R . G A R R E T : We a r e n o t s u r e t h a tM r . Go l de n i n t e n d s t o a t t e n d . S o g o i n g Iw i t h o u t h i m m ig ht b e t h e p r o p e r c o u r s e t o
t a k e .
T H E C O U R T : Okay . Are you re a d y to
a r g u e n o w ?
M R . G A R R E T : Yes, Y o u r H o n o r .
8/6/2019 Felton Dorsey
48/384
1
2
3
4
1 0
11
, 12
13
1 4
1 5
1 6
1 7
18
1 9
2 0
2 1
22
2 3
2 4
2 5
2 6
2 7
28
29
30
3 1
3 2
~
THE COURT: Do you wish to proceed
without Mr. Golden?
M R . GARRET: I wish to proceed withoutMr. Golden.
THE C O U R T : All right. You may.
MR. GARRET: May it please the Courtand counsel, this hearing concerns a'm ot io n
filed by the defense to exclude certain color
photographs of the scene and o f the victim andthe State has filed an opposition. We cited
in our motion fourteen Louisiana Supreme Court
cases and Article 403 of the Code of Evidence
as wel l -as several other cases. I would
normally s a y we filed fourteen supreme court
cases in support of our positions, but
actually, we filed some cases where the photos
were admitted, some where they were excluded
and some where the Court permitted a
low-contrast black and white substitution.
The different outcomes of these cases
are based on different facts. While the facts
differ, the law does not differ. It's
consistent and it applies the balancing test
of Code of Evidence, Article 4 0 3 of the
probative value versus prejudicial effect. 'We believe in this case the facts at
issue can be shown through testimony by the
coroner, by the police officers, and there is
no probative value to these photographs and,
of course, if there's no probative value, the
prejudicial effect would outweigh. We also
have stated we are prepared to enter into a
6 5 7 2 9
8/6/2019 Felton Dorsey
49/384
8/6/2019 Felton Dorsey
50/384
necessary or material evidence in a criminal
prosecution, it should be excluded. I'm
sorry. That was S t a t e v. M o r g a n .
In S t a t e v. Mor r i s which we cited,
1 5 7 S o . 2 d . 7 2 8 , t h e C o u r t said t h a t t h e t e s t
of admissibility is whether unpleasant,
gruesome or horrifying photographs as well as
the probative value of the photographs
outweighs the probable prejudicial effect.
Accordingly, photographs should be excluded
where their logical relevancy will
unquestionably be overwhelmed by the
inherently prejudicial nature of the
particular picture. And photographs which are
calculated to arouse the sympathies or
prej,udices of a jury are properly excluded ifthey are entirely irrelevant or not
substantially necessary to show material facts
or conditions.
And in this instance, as we do not
believe there is any issue concerning the
facts and as we are willing to enter a
stipulation, we do not believe that they are
substantially necessary.
1
In State v. Lindsay, 404 S o . 2 d . 466, itsaid that the nature of photographs so
gruesome as to overwhelm reason and cause a
jury to lose sight of the need for a
prosecutor to establish with sufficient
independent evidence the guilt of the accused,
they must be relevant to describe the person,
place or thing. A stipulation to the matter
I
8/6/2019 Felton Dorsey
51/384
1
2
6
7
8
9
1 0
11
1 2
1 3
14
1 5
1 6
17
1 9
2 0
2 '1
2 3
2 5
2 6
2 7
2 82 9
3 0
3 1
3 2
~~
sought to be proved by the p h o t o g r a p h s
necessarily bears upon a balancing of the
probative value of the photographs and their
prejudicial effect.
Now, some language in this case and in
a n o t h e r c a s e , i t t a l k s a b o u t t h e l e g i t i m a t e
moral force of the State's case. We don't
take issue with the concept that the State is
entitled to a legitimate moral force of its
case. We want to be able to maintain a
legitimate moral f o r c e o f o u r c a s e a s w e l l .
The Court does not define "moral force." It
does not describe it. It does not give any
parameters. It does not state what it is. I
d o n ' t k n o w t h a t it's c l e a r w h e t h e r moral force
applies to the penalty phase or the guilt
phase; however, one thing that is clear i sthat moral force does not say moral
ascendancy.
The defendant has a presumption of
innocence, the State has the burden of proof,
and I do not believe that we should relax the
rules of evidence for the State and the State
alone, so that it could assume any moral
superiority with the jury with regard to
witnesses or evidence or argument. So
whatever moral force means, we are for it, and
we want the same thing.
In S t a t e v. Wa t s o n , 449 So. 2d. 1321,
it says postmortem photographs of ,a murder
victim are admissible to prove corpus delicti,
to corroborate other evidence establishing the
8/6/2019 Felton Dorsey
52/384
1
2
3
4
5
'6
7
8
9
10
11
12
13
1 4
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
~~ ~
cause of death and to provide positive
identification. I do not believe those
photographs will be necessary to prove any of
t h o s e i t e m s , Your Honor. It also says that an
offered stipulation bears upon the balancing
test.
I'm almost done with cases.
S t a t e v . M y l e s , 389 S o . 2d. 12, the picture tow h i c h t h e d e f e n d a n t o b j e c t s i s a low contrast
black and white made at the morgue showing
only the victim's head and a probe inserted in
the two gunshot wounds. The Court also refused
to admit a color photograph of the same scene.
S o in this case, th e Court permitted low
contrast black and white as being less
prejudicial and did n o t . a l l o w the State to putin color photographs.
Now, one case in which the Court
admitted evidence is S t a t e v . K i r k p a t r i c k ,
443 S o . 2d. 546. The four color photographs
in that case depicted the murder scene as it
was found. And that is not the case wit.h thephotographs we have at issue.
We hlave at issue photographs after thebody was moved. We have photographs after the
coroner altered it. We have photographs that
are just gruesome.
J
I have two more I want to bring to the
Court's attention, S t a t e v . P r e j e a n ,
379 So. 2d.' 240. The defendant contends,however, that in light of the stipulation he
offered as to the circumstances of the case,
10 5 7 2 6
8/6/2019 Felton Dorsey
53/384
1
2
3
4
5
6
10
11
12
1 3
14
1 5
1 6
1'7
1 81 9
2 0
2 1
2 2
23
24
2 5
2 6
2 7
2 8
2 9
30
31
3 2
._&>.'i
the pictures had no probative value
whatsoever. That is the situation we are
requesting. Obviously, we cannot solely enter
into a stipulation. The State would have to
agree. It is our desire to do so.
T h e p r o po s i t i o n t h a t w h e r e t h e
defendant stipulated to excluding all the
photographs - - I'm sorry - - the defense
stipulated to all the facts to which allegedly
gruesome photographs would be relevant, the
Trial Court would act properly in excluding
the photographs from evidence.
I
I
IAnd the last one I want to cite is
where they were admitted. This is
4 5 7 So. 2 d . 6 1 6 - - a n d a l l of these a r e i n ourmotion - - the Court said it was error to allow
introduction of photographs of the victim's
mutilated body. This evidence was relevant - -
I'm sorry. It was not error to allow
introduction of photographs of the victim's
mutilated body. This evidence was relevant to
whether the murder was committed in an
especially cruel, heinous and atrocious manner
which is not at issue in this case. And its
probative value for this purpose outweighs its
prejudicial effect. And again those facts are
not operative in this case.
I
And so, Your Honor, the judges and the
trial courts involved have come to different
conclusions based on the facts of the case. I Ithink the facts are very consistent and the
findings are very consistent that unless the I
8/6/2019 Felton Dorsey
54/384
8/6/2019 Felton Dorsey
55/384
1 0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
of force used on his head was inconsistent
with an accidental blow. The number of
strikes to his head is inconsistent with an
accidental killing. And the defense can't
stipulate to specific intent if t h e y are
disputing identity. They can't say, well, it
wasn't our guy, but whoever it was intended to
kill. I f they were going to stipulate to
identity and intent, perhaps we're - - at that
p o i n t , w e a r e a t a g u i l t y p l e a , w e m i g h t a s
well do that. What the defense seeks to do is
essentially strip the prosecution's case of
detail. It attempts to strip it o f its moral
force and replace that instead with dry
testimony that could be extremely confusing to
the jury.
We are talking about the coroner
explaining the subgaleal hemorrhages and
testifying about skull beveling. These are not
things that without visual corroboration a
typical juror is likely to understand.
As I go through the photographs, what I
would like to do, if the Court could follow
along, is direct the Court's attention to what
the State needs each picture for. We have
carefully whittled down from dozens of w h a t I
would call explicit photographs down to the
ones we presented to Your Honor. I would like
proceed through them and explain to the Court
why we need each of them.
I am going through numerical order. We
have numbered these now, and I would assume a I
8/6/2019 Felton Dorsey
56/384
copy will be placed in the record, they are
handmarked on the back with the numbers to
which I am referring. The photograph number
one was taken of the victim Joe Prock after
the crime scene had already been processed.
His hands are bagged. This photograph is
essential because it was taken by Fire Marshal
Jim Alexander. Now, Fire Marshal
Jim Alexander does an analysis of the house
and does a reconstruction of the points of
origin of the fire, and one of the factors
that he had to examine in determining where
the different fires were, was the fire that
w a s p l a c e d on J o e P r o c k ' s body made a t the
same location where Ms. Prock said it was, in
the rear family room, and was that an
independent source of ignition. That is
relevant because aggravated arson is an
element of the charge in this case. So we
should be permitted to present that evidence
to corroborate and support Mr. Alexander's
testimony, and his observations of Joe's body
that night was part of his determination.
I would also note that the notion that
black and white photographs could be
substituted, I understand that in some cases
where they could be the case, the problem is,
Mr. Prock is horribly burned and the
differential in skin color from that burning
is necessary for the witnesses to be able to
opine about what their observation of the
body told them. And to suggest that
145 7 3 0
8/6/2019 Felton Dorsey
57/384
8/6/2019 Felton Dorsey
58/384
This shows what the firemen did with
the Joe's body. This shows where they had tomove him and the steps they took to preserve
the integrity of his condition and shield him
from the view of others. It also depicts, of
cours,e, the binding on his ankles which isrelevant to the element of kidnapping which is
also a predicate felony for first degree
murder.
As to State's Exhibit 3, Y o u r ' H o n o r ,this is a photograph showing J o e ' s condition
as observed by the crime scene personnel.
What we are talking about here is crime scene
personnel who were trying to reconstruct and
determine the sequence of events. Now, they
have an account from Ms. Bobbie P r o c k , but sheis extremely distraught. She's in the
emergency room being treated for burns and
smoke inhalation. It's relevant to their
investigation to show what Joe's condition was
at the time and the condition in which they
identified' him and the extent of the burn s.
around his clothing.
As to State's Exhibit 4, this shows the
fact that Joe's body was still producing
blood. You know, one of the issues is the
manner and cause of death, and while the
defense claims they want to stipulate, again,
the problem is, we have to talk about the
mechanism of death. We have to talk about
what that me'ans about what w e a p o n . w a s used.So since a mere stipulation to cause is
8/6/2019 Felton Dorsey
59/384
somewhat meaningless and empty in this case,
I we need to be able to talk about the fullcircumstances of Joe's condition. This
photograph shows that his body was still
producing blood while on the scene. It shows
the burn and it does allow for the witnesses
who were able to identify Joe before turning
him over to testify as to what they saw in
making that identification.
As to photograph five, this is a
photograph from a scene that is not extremely
close-up. While discoloration is visible on
Joe, I think it's arguable that it's explicit.
What it does show is that he was bound and
placed outside of the house b y the firemen.
They will be here to elaborate on exactly to
what extent they turned Joe. In fact, defense
counsel's argument sort of turns on itself
because they had to move Joe, looking at his
body on the scene was important in knowing how
he was positioned inside the house. If you
don't look at where burns were, you can't tell
which side he was lying on and all of those
things, so by examining where the burns are,
they were able to reach conclusions about how
he was positioned when he was beaten and
burned. I believe that that photograph is
admissible and relevant for that purpose.
As to photograph six, again, this is
clearly not an explicit photograph. It
permits a degree of detail to identify the
Christmassy nature of the tape that was used
8/6/2019 Felton Dorsey
60/384
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
to bind Joe's ankles and is in no way
prejudicial.
Photograph seven is a clear
identificat,ion on-the-scene photograph. It'swhen they have turned Joe to the side to allow
everyone to view his face and confirm that
that is in fact who they were dealing with,
the extent, nature and positioning of his
injuries on the scene prior to any, as the
defense alleges, alternation by the coroner.
As to State Exhibit 8 , this is aclose-up photograph depicting the extent of
the injuries to Joe's wrists and the fact that
t h e y were v e r y t i g h t l y b o u n d . I b e l i e v e t h a t
clearly since kidnapping is an element and a
predicate felony for first degree murder that
the fact that the victim was bound with his
hands behind his back by telephone cord is
immensely relevant and appropriate for the
, determination as well as its consequences for
arson and the other elements of the offense.
THE COURT: I'm sorry. One question.
This is the hand, correct?
MR. O'CALLAGHAN: Yes, sir. Those arehis hands. It is a close-up photograph of his
hands bound behind his back with the telephone
cord.
THE COURT: All right. Thank you.
MR. O'CALLAGHAN: State's Exhibit 9,this is where we are getting into what the
defense alleges about the alterations to the
body. NOW, clearly, the coroner did have to
185 7 3 4
8/6/2019 Felton Dorsey
61/384
8/6/2019 Felton Dorsey
62/384
I 2I 3
4
5
6
7
8
9
10
1 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
where the scalp has been peeled back. Again,
this is where the coroner has done exploratoryL
procedures to see the depth and extent of the
injuries, and it shows two very essential
things. One is it does show the d e p t h . a n ds e v e r i t y of one o f t h e i n j u r i e s t o Mr. P r o c k ' shead. It also shows on the part of the scalp
that many of the other wounds that did not
actually penetrate the skull did completely
penetrate the scalp. I believe - - I'm not a
doctor - - but I believe those are the
subgaleal hemorrhages that he talks about in
his coroner's report. Again, I d o n ' t know whata subgaleal hemorrhage is until Dr. Peretti
e x p l a i n s i t , showing me t h i s p i c t u r e , and I'm
a lawyer who has prosecuted dozens of homicide
cases. To ask the jury to just get it from
'I subgaleal hemorrhage, I I think is prejudicial
' to the ability of the State to present its
case and meet its burden of proof.
Photograph 11 is a similar photograph
again showing the injuries through the scalp
and a different point of impact on Joe's
skull, showing again penetration o f the skull.
State's Exhibit 12 is a photograph
prior to the removal of the scalp, and this is
an essential photograph as well because what
is of great importance is the shape, depth and
nature of the wounds to Mr. P r o c k ' s scalp. Oneof the elements that the State will intend to
prove is identity. And again, I doubt the
defense is willing to stipulate to identity
8/6/2019 Felton Dorsey
63/384
3
4
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
0I'\ ''1 5since, you know, that would pretty much be a
guilty plea. A gun was recovered where
Mr. Dorsey lived, and we have witnesses that
are going to place that gun in his hand. The
bottom of that gun s h a p e is e n t i r e l yconsistent with some of the i n j u r i e s . i n f l i c t e d
Ito Mr. Prock's scalp. The State should beentitled to show the shape of those injuries
and their depth and then show that Mr. Dorsey
had a gun perfectly consistent with inflicting
exactly those types of injuries. That goes
directly to identity, and it again goes to
intent to kill and being armed with a
dangerous weapon which is an element for the
aggravated kidnapping alleged b y the State.
The next photograph No. 13 shows again
in even greater detail, but from a different
angle, the injures to Mr. P r o c k ' s scalp,showing the shape, nature and depth of those
injuries.
State's Exhibit 14 is additional
injuries to Mr. Prock but completely different
ones from the previous two photographs. You
know, it's not the State's fault that nine
blows of nearly killing force were inflicted
to Mr. Prock's head, but the jury, I think, isentitled to know just how badly he was beaten
so there's no issues as to the intent of the
offenders.
Again, Dr. Peretti should be allowed to
talk about the types of instruments that could
cause these types of wounds and be allowed to
21 5 7 3 7
8/6/2019 Felton Dorsey
64/384
I .
8/6/2019 Felton Dorsey
65/384
1
5
6
7
8
9
10
12
13
1 4
15
1 6
1 7
1 8
1 9
2 0
2 1
2 2
23
2 4
2 5
2 6
2 7
28
2 9
3 0
31
3 2
Dr. Peretti to opine about the duration of
which - - of the burns to Mr. Prock; in other
words, how long was he burning before the fire
was put out. It allows him to make certain
observations a b o u t t h e t i s s u e u n d e r n e a t h t h e
burn as to whether or not Mr. Prock was alive
at the time he was set on fire which he was.
It allows him to reach several conclusions
about Mr. P r o c k ' s condition, and it does alsoidentify Mr. P r o c k a s the person upon whom all
the other autopsy photos were being performed.
So I mean, ,we have got sixteen
photographs here, two of them are clearly not
even within the bounds of 'gr uesome or
explicit, and the others each show some
independent fact or corroborates some
independent fact beyond mere cause of death.
And what all the cases that Mr. Garret
cites talk about is in fact the balancing
test. And it would be prejudicial t o the State
if we were forced to have a cold stipulation
as to cause of death but not talk about how
those causes were consistent with the weapon
Mr. Dorsey had, how those causes were
consistent with an intent to kill, how those
causes were consistent with kidnapping a
person, how those causes were consistent with
the aggravated arson of Ms. Bobbie Prock's
home.
It also does have some relevance as to
corroborate the nature and extent of
Ms. Bobbie Prock's situation. She's going'to
8/6/2019 Felton Dorsey
66/384
5
6
7
8
9
1 0
11
12
13
14
15
16
17
1 8
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
come in here and testify after having been
through this, and her state of mind at the
time is something that is fair game for both
sides to talk about. I think that the jurors
should be entitled to know what she was
looking at when her state of mind was formed.
You know, her ability to recall facts and her
ability to assess details may be slightly
impaired by the fact that she saw her son in
this condition. We're not offering it to
prejudice the jury, but I think we're entitled
to do anything we can within the bounds of
evidence to show why a witness might not have
had every cool reflection in their observation
of the crime that was being perpetrated on
them.
So I believe that the purposes and the
probative value of these photographs is way
beyond merely cause of death. I believe that
if the defense were to offer to stipulate to
any of the other facts that we get into
dangerous areas where you're now stripping the
State of its case. You know, the defense is
not allowed - - and it's clear from cases that
both the defense and the State cite - - is not
allowed to simply stipulate away the State's
case and leave us to come in with one piece of
evidence and say, well, yeah, all that stuff,
we all agree, but, you know, it was him. So
since they are not stipulating to identity,
since the; can't logically stipulate tointent, we s h o u l d t b e allowed to present all
8/6/2019 Felton Dorsey
67/384
1
2
ITHE COURT: You may.MR. GARRET: Thank you.Mr. O'Callaghan has addressed w h a t he believes
I
Dr. Peretti can and can't do, and he is a I
6
7
8
9
10
11
1 2
1 3
14
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
24
2 5
2 6
2 7
28
2 9
3 0
3 1
3 2
_ _ _ _ ~
evidence of the predicate felonies and the
designate. Dr. Peretti is an expert in
describing wounds to a jury. He has not
indicated anytime to us that he'nee ded
photographs to do that, and he appears to be
quite able to carry on that part of the proof.
I a l s o think that we are conf usi ng -the
guilt phase with the penalty phase. The guilt
phase does not involve mitigating and
aggravating factors. The State either proves
its case beyond a reasonable doubt or it
doesn't. Extent, depth, et cetera, those may
be relevant to the penalty phase, but I mean,
we are not going to contest that the victim is
deceased.
Now, Mr. O'Callaghan has tried todismiss the possibility of a stipulation. He
said a couple of things. He says that there
are things that we won't stipulate to. Well,
we're probably the best source of what we will
stipulate to. He has said a stipulation would
strip away the State's case and only permit
2 5
8/6/2019 Felton Dorsey
68/384
1
1 23
~4,I 5
6
7
' 89
1 0
I
I
11
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
them with one item of proof. I suspect they
wouldn't sign such a stipulation, so I don't
think that's really a danger.
In terms of how the fire occurred, the
police know how the fire occurred. It's in
their police reports. There is no lack of
evidence there. We are looking for a
substantial necessity because of a failure of
evidence, and that's not here.
The State has said we can't stipulate
to specific intent. Specific intent is not a
fact to stipulate. Specific intent is a
conclusion that the jury reaches or not based
on the evidence. And whether or not there are
i n t e r n a l i n j u r i e s , a g a i n , p e r h a p s f o r t h e
penalty phase a s to whether the victim
suffered or not', how badly the victim was
beaten, again, we're not contesting he's still
alive. This would merely be something more for
the penalty phase.
Deep and profound fractures, I think is
probably more relevant to the penalty phase.
The depth and nature of the injuries, we think
Dr. Peretti is well able, well experienced, I
see no evidence that he is unable to express
himself in a way that jurors can understand so
that his testimony would be meaningless.
The bottom line here is, this evidence
is not essential. It does not have a
substantial necessity to be entered. It is, in
fact, incredibly prejudicial. Incredibly
gruesome photographs. And all of the reasons
8/6/2019 Felton Dorsey
69/384
We think everything that the State wants to
show that Mr. O ' C a l l a g h a n just said they wantto show can be shown, and that obviates the
substantial necessity, and t h a t means all we
are left with is photographs that I think we
would ask for their exclusion.
M R . O'CALLAGHAN: May I respond t o j u s ta few o f t h o s e t h i n g s .
THE COURT: You may.
MR. O'CALLAGHAN: First of all, I don'tknow i f Mr. G a r r e t h a s t a l k e d t o Dr. P e r e t t i ,but I have and he says, just look at the
pictures, it makes it a lot clearer. So the
notion that he doesn't need the pictures to
explain himself when he's talking to an
experienced homicide prosecutor and still
says, let's l o o k at the pictures is, to me,
simply inaccurate.
Mr. Garret implied that all of the
things we're talking about wanting to prove
are things for the penalty phase, but they are
not. Aggravated arson is a predicate felony
for the crime not the penalty but the crime of
first degree murder. Kidnapping i s a predicate
felony for the crime, not the penalty, of
first degree murder. And the intent to kill
more than one person is an aggravating
circumstance for the guilt phase as well as
the penalty phase of first degree murder. So
I lsll
fI3-1E9dOb8llhlp"'8ql49
8/6/2019 Felton Dorsey
70/384
10
11
12
13
14
15
16
1 7
18
1 9
2 0
2 1
2 2
2 3
2 4
2 5
26
2 7
2 8
2 9
3 0
3 1
3 2
all of these things are wrapped inextricably
to the State's burden of proof.
Basically, you know, the fact that the
police reached the determination in their
reports doesn't change the fact that it was
based on observation and evidence and that
they should be allowed to explain the validity
of that observation and evidence. And the
notion that the depth of wounds is not
relevant to proving specific intent, that
that's some conclusion, I mean, Mr. Garret
kind of made my argument for me, specific
intent is a conclusion you reach on looking at
the facts. Well, if they can't look at the
facts, you know, how they can they reach that
conclusion? There were deep injuries to his
head doesn't do it. There were deep injuries,
repeated injuries, multiple injuries and
here's what they were, and they came from an
item just like this weapon, that goes to
identity and specific intent.
And I did also not address, but I
would, you know, remind the Court, you know,
there were troubling allegations in defense's
motion about a purportedly threatening e-mail.
I provided the Court with a copy of that
e-mail. You know, as I said in my response,
you know, I'm at a loss to see what part of
take care, t h a n k s ' f o r your courtesy, and we'rereserving our rights to litigate a question is
in any way threatening. And I did feel that
that was a fairly strong allegation to make
2 8 5 7 4 4 :
8/6/2019 Felton Dorsey
71/384
--..
1
2
3
4
5
9
1 0
11
1 2
1 3
14
15
16
17
18
19
20
2 1
2 2
2 3
2 4
2 5
2 6
2 7
28
2 9
3 0
3 1
3 2
based on my e-mail. That's all I have.
MR . GARRET: Your Honor, I just want toremind the Court in our motion aside from
asking for the exclusion of these materials,
if the Court admits them, and we disagree
strongly that they should be admitted, I want
to remind the Court that we have also asked
for low contrast black and whites instead
Iwhich if the Court disagrees with us on the
exclusion we feel would adequately serve all
the needs here.
THE COURT: All right. Thank you both
for your arguments. In connection with the
Imotion to suppress gruesome guilt phasephotographs in evidence, I do not find, first
of all, that all of the photographs are
explicit; however, the photographs that are in
question, if relevant or admissible, if the
probative value, outweighs its prejudicial
impact. The State has gone through the
photos, at least sixteen - - and they are color
p h o t o s - - and stated its reasons and purposefor wanting to admit such photographs into
evidence in this particular case. Based upon
the reasons stated by the State, the Court
I
I
finds that the photographs have their
relevancy. In addition, the Court finds that
the probative value would outweigh any
prejudicial effect in this case. I believe
sufficient reasons have been stated by the
State, and therefore the Court will deny the
motion to suppress gruesome guilt phase
8/6/2019 Felton Dorsey
72/384
1
2
3
4
8
9
10
1 1
1 2
1 3
14
15
16
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
photographs in evidence.
I would note the defense's objection to
the Court's ruling for the record; however, I
do believe that the State has a right to
p r e s e n t its c a s e . They c a r r y t h e b u rd e n o f
proof. I do not believe that black and white
photos would have the effect that the defense
argues in this matter, and I believe that the
State has a right to present its case.
Because it carries the burden of proof, it has
a right to present the color photos. I do not
find any relevant reasons stated why the color
photos should not be allowed and should be
r e p l a c e d w i t h b l a c k a n d w h i t e p h o t o s , so t h a t
request is also denied.
And your objection, Mr. Garret, to the
Court's ruling is noted for the record.
M R . GARRET: Thank you, Your Honor.MR. O'CALLAGHAN: Your Honor, I would
ask, with the Court's permission, that the
Court place its copy of the photographs in
record.
(Whereupon a discussion o f f the record was
held. )
(Whereupon the foregoing exhibits were filed
into the record.)
THE COURT: For the record, during this
argument on the motion to suppress, the jury
was not present. It was done outside the
presence of the jury.L
So the first person on the prospective
list will be Mr. Posey from yesterday's panel,
305 7 4 6
8/6/2019 Felton Dorsey
73/384
t_-._ --.
9
10
11
1 2
13
1 4
15
16
17
i a19
20
21
22
23
24
25
26
27
2829
30
31
32
'1 :I- _.-e
a'"Pl*uI ;e
a n d t h e r e a r e a t l e a s t f i f t e e n o t h e r s .
( W h e r e u p o n a d i s c u s s i o n o f f t h e r e c o r d was
h e l d . )
M R . THOMPSON: We w i l l f o r m a l l y c a l lt h e c a s e o f S t a t e o f L o u i s i a n a v s .
F e l t o n D o r s e y , D o c k e t N o . 251,406. T h e
Id e f e n d a n t i s p r e s e n t w i t h t h e c o u n s e l ,M r . A l a n G o l d e n a n d M r . G l e n G a r r e t .
Dhu T h om ps on f o r t h e d i s t r i c t a t t o r n e y ' s
o f f i c e . W e a r e r e a d y t o p r o c e e d w i t h v o i r
a r e o u t s i d e t h e p r e s e n c e o f t h e j u r y w a i t i n g
o n t h e p a n e l .
( W h e r e u po n t h e v e n i r e p a n e l w a s s e a t e d i n t h e
c o u r t r o o m . )
T H E C O U R T : G o o d m o r n i n g , e v e r y o n e . I
d o a p o l o g i z e f o r t h e d e l a y . W e h a d t o t a k e u p
a f e w m a t t e r s o u t s i d e y o u r p r e s e n c e b e f o r e w e
s t a r t e d . W e a r e now r e a d y t o c o n t i n u e w i t h
j u r y s e l e c t i o n .
L e t m e , f i r s t o f a l l , s a y t h a t e v e r y
Ip e r s o n c h a r g e d w i t h a f e l o n y i n t h e S t a t e o f L o u i s i a n a i s e n t i t l e d t o a t r i a l b y j u r y
a c c o r d i ' n g t o t h e l a w s o f t h e S t a t e o f
L o u i s i a n a a n d t h o s e o f t h e U n i t e d S t a t e s
C o n s t i t u t i o n . I r e a l i z e t h a t i t i s a n
i n c o n v e n i e n c e f o r so m e o f y ou t o s e r v e o n t h e
j u r y ; h o w e v e r , i t i s n e c e s s a r y f o r yo u t o
s e r v e i n o r d e r f o r o u r s y s t e m o f j u s t i c e t o
f u n c t i o n p r o p e r l y .
I w o u l d a l s o l i k e t o t a k e t h i s t i m e t o
31 5 7 4 7
8/6/2019 Felton Dorsey
74/384
I1
2
3
4
5
I
6
I8
9
10
11
1 2
1 3
14
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
r e a d t o y o u t h e q u a l i f i c a t i o n s t h a t a r e
r e q u i r e d o f y o u i n o r d e r t o s e r v e o n t h e j u r y .
O n e , y o u m u s t be a c i t i z e n o f U n i t e d S t a t e s
a n d o f t h e S t a t e o f L o u i s i a n a a n d h a v e r e s i d e d
i n C a d d o P a r i s h f o r a t l e a s t o n e y e a r p r i o r t ot o d a y . T w o , yo'u m u s t b e a t l e a s t e i g h t e e n
y e a r s o f a g e . T h r e e , y o u m u s t a b l e t o r e a d ,
w r i t e a n d s p e a k t h e E n g l i s h l a n g u a g e . F o u r ,
y o u m u s t b e n o t i n t e r d i c t e d o r i n c a p a b l e o f
s e r v i n g b e c a u s e of's m e n t a l o r p h y s i c a li n f i r m i t y . F i v e , y o u m u s t n o t b e u n d e r
i n d i c t m e n t f o , r a f e l o n y n o r c o n v i c t e d o f af e l o n y f o r w h i c h y ou h a v e n o t b e e n p a r d o n e d .
I f a n y o f y o u f e e l t h a t y o u d o n o t m e e t
t h e n e c e s s a r y qualifications, w o u l d y o u p l e a s e
f o r m a 1 i n . e o n t h e w a l l o v e r h e r e b e h i n d t h er a i l , a n d I w i l l be h a p p y t o t a l k t o a b o u t
t h a t .
( N o r e s p o n s e . )T H E C O U R T : A l s o , s o m e o f y o u may h a v e
r e a s o n s t h a t y o u f e e l t h a t y o u c a n n o t s e r v e .
I w a n t t o s a y t o y o u t h a t I a m v e r y l i m i t e d i n
t h e r e a s o n s t h a t I c a n e x c u s e y ou f r o m j u r y
d u t y . I n a d d i t i o n , a s I s t a t e d e a r l i e r , i n
o r d e r f o r o u r s y s t e m t o s u r v i v e , w e m u s t h a v e
w i l l i n g j u r o r s t h a t a r e w i l l i n g t o s e r v e o n
t h e j u r y . L e t m e s e e i f t h e r e i s a n y o n e w i t h
a n y p l a n n e d s u r g e r i e s o r t h i n g s o f t h a t
n a t u r e , i f y o u w o u l d , s h ow m e y o u r h a n d s .
T h e r e i s o n e . C a n y o u co me o v e r h e r e
a n d l e t m e t a l k t o y o u .
I s t h e r e a n y o n e w i t h p l a n n e d v a c a t i o n ?
I I
8/6/2019 Felton Dorsey
75/384
8
910
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
(No response. )
THE COURT: Is there anyone who also
feel that they cannot serve on the jury for
any reason?
Two. All right.
(Whereupon a discussion off the record was
held.
THE COURT: Can you all approach.
(Whereupon a side-bar discussion o f f the
record was held.)
THE COURT: Ms. Holmes, you are free to
leave.
Ms. Bennett, you are free to leave.
Ms. H e a b l e , you are free to leave.And, Mr. Posey, you are free to leave.
(Whereupon the aforesaid venire members were
excused from the panel.)
THE COURT: Again, welcome to the
First Judicial District Court. This is a
criminal section of court. This trial is
scheduled to last approximately two weeks.
This is a sequestered trial. You will not be
sequestered today or tomorrow; however, at
some point, possibly Saturday, we will begin
selecting jurors and we will begin
sequestering jurors. And that is commonly
referred to as a lock-up jury, meaning, that
if selected, you will stay at hotel
accommodations, and you will be taken care of
by the sheriff's department. They will
provide your meals and things of that nature.
They will make all necessary arrangements for
8/6/2019 Felton Dorsey
76/384
10
11
1 2
1 3
14
15
1 6
1 7
1 8
1 9
2 0
21
22
2 3
2 4
2 5
2 6
2 7
28
2 9
3 0
3 1
3 2
y o u . A n d t h e t r i a l may l a s t a w e e k , a w e e k
a n d a h a l f a t t h a t p o i n t . S o t h i s i s w h a t w e
a r e l o o k i n g a t , a t t h i s p o i n t .
-
We a r e g o i n g t o c a l l a l l o f y o u t o t h e
j u r y b o x at this point.
( W h e r e u p o n a d i s c u s s i o n o f f t h e r e c o r d was
h e l d . )
T H E C O U R T : M a ' a m c l e r k , w o u l d yo u
p l e a s e c a l l t h e p r o s p e c t i v e j u r o r s .
W H E R E U P O N . . .
t h e f o l l o w i n g v e n i r e members w e r e s e a t e d :
J u r o r O n e : M a r k N a t a l eJuror Two: Cheryl D. T h o r n t o nJ u r o r T h r e e : J o a n n S . S t e w a r t
J u r o r F o u r : I rm a L . E d w a r d s
J u r o r F i v e : R o n a l d T . O l a g u e
J u r o r S i x : D a n n y W a l k e r
J u r o r S e v e n : M o n i c a M . H i c k s
J u r o r E i g h t : C a r l i t a R . D i x o nJ u r o r N i n e : C h a r l e s W a l t e r s , J r .
J u r o r T e n : S h a r o n S n e l l i n gJ u r o r E l e v e n : M a r v i n J e f f e r s o n
J u r o r T w e l v e : C a r r i e C l a y
J u r o r T h i r t e e n : S e t h T h o m a s
T H E C O U R T : W o u l d e a c h o f y o u p l e a s e
s t a n d , r a i s e y o u r r i g h t h a n d a n d be s w o r n .
( W h e re u p o n t h e v e n i r e p a n e l was d u l y s w o r n . )
T H E C O U R T : T h i s i s c a l l e d v o i r d i r e
e x a m i n a t i o n . T h i s i s t h e o n l y p h a s e o f t r i a l
w h e r e t h e a t t o r n e y s w i l l a s k q u e s t i o n s . You7
8/6/2019 Felton Dorsey
77/384
4
5
6
7
'8
9
10
11
1 2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
'27
28
29
30
3 1
32
will be allowed to ask questions. Feel free
to ask any questions that you deem necessary
to ask.
If you want an explanation for
something, this is the time to ask. The
attorneys m.ay not be able to answer everyquestion; however, they will explain that to
you, but feel free to ask anything you want to
ask.
happy to give it to you. If you need them to
IIf you need an explanation, they will bel
rephrase or restate something, they will be
.happy to do that for you. If you are asked
something that you feel is too private or too
personal to be discussed in the presence of
everyone, simply say so and we will talk to
you privately about that matter outside the
presence of the other jurors.
It is important that you speak up when
Iyou are answering because the court reporter
is recording everything that is being said.
So we need you to speak up, so that she can
hear as well as the other attorneys that are
involved in the litigation.
Let me introduce the attorneys involved
in this litigation. Representing the State of
Louisiana is the elected District Attorney,
Mr. Charles Scott, Mr. Dhu Thompson, and
Mr. Brady O ' C a l l a g h a n . Representing theaccused is Mr. Alan Golden,
Mr. David M c C l a t c h e y . Ms. Michelle A n d r e P o n tstepped out for just a moment. Mr. Glen Garret
has stepped out also for just a moment. The
35
8/6/2019 Felton Dorsey
78/384
1
2
3
4
5
6
7
8
9
10
11
1 2
1 3
1 4
1 5
1 6
17
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 83 0
3 1
3 2
Iaccused is Felton Dorsey.
Again, there are no right and wrong
answers. The best answer is a truthful
a n s w e r .
With that, is the State to ready
proceed.
MR. THOMPSON: We are, Your Honor.\ (Whereupon a P o w e r P o i n t presentation prepared
by t h e S t a t e was d i s p l a y e d t o t h e v e n i r e
panel. )
VOIR DIRE EXAMINATION
BY M R . THOMPSON:Q. Good morning,' ladies and gentlemen.
As previously introduced, my name i s
Dhu Thompson, and I'm an assistant district
attorney here in C a d d o Parish. And I'mjoining Mr. Brady O ' C a l l a g h a n along with thedistrict attorney, Mr. Charles Scott, as a
prosecution team here in the case o f State of
Louisiana vs. Felton Dorsey.
As the judge has indicated, this is a
first degree murder charge, and it carries a
capital punishment sentence option in this
case. So, ladies and gentlemen, let me start
off by stating that I know this might be the
first time some of you have ever been in court
in this type of situation, and I know it might
be a little intimidating at this time.
What I'm going to try to do is to
relax you in your seats to tell you that, as
the judge stated, there's no right or wrong
8/6/2019 Felton Dorsey
79/384
8/6/2019 Felton Dorsey
80/384
8/6/2019 Felton Dorsey
81/384
I
1
2
I3
4
5
6
7
89
10
11
12
1 3
14
, 1 516
17
1 8
1 9
20
2 1
22
2 3
24
2 5
2 6
2 7
that guy walked? Have you ever seen that
situation.
A. (By Ms. Dixon) Yes.
Q. Ms. Hicks, have you ever seen an
election, you know, over the last ten years,
whether it be a local, state o r national
election, where you said, I can't believe that
guy won, or, I can't believe that guy lost?
A. (By Ms. Hicks) Right.
Q. Now, Mr. Thomas, if you don't vote i nthat election, you can't complain about the
results?
A. (By M r . Thomas) No.
Q. Ms. Thornton, to that extent, if the'
j u r o r s didn't p a r t i c i p a t e i n t h i s p r o c e s s ,
c o u l d t h e r e e v e r b e a c o m p l a i n t t h a t t h e
system is not working?
A. (By Ms. Thornton) No.
Q. Okay. Ms. Stewart, the same line of
questioning, in reference to the integrity of
the system, do you agree or disagree that
without jury participation that the system
would crumble?
A. (By Ms. Stewart) I agree.
Q. To that extent, ladies and gentlemen,with this, I want to stress the importance
that if you're able and willing to serve on
this jury, the system, the integrity of the
system needs the participation of good jurors
in our parish in order to keep the system
running, especially with these type of
important cases.
3 9
8/6/2019 Felton Dorsey
82/384
I 2
I 34
5
6
8
9
11
1 2
1 3
14
15
16
17
18
19
2 0
21 '22
2 3
2 4
2 5
2 6
27
2 829
3 0
3 1
3 2
Ladies and gentlemen, we have two
phases of the voir dire here. As indicated by
the Court and as charged by the district
attorney's office, this is a capital case.
So at this point in the voir dire, we are
t a l k i n g a b ou t t h r e e s p e c i f i c a r e a s r i g h t now.
The first topic will be sequestration. The
next topic I am going to discuss is pretrial
publicity, and then the third topic, this is
going to be the most important topic that I'm
going to c o v e r in r e f e r e n c e t o who c a n q u a l i f y
t o s i t on this jury.
NOW, I know some of you may have
never thought about this issue or, if you
thought about it, you thought about it i npassing as far as your internal views and
opinions about the death penalty. But as I
throw this out to you in the beginning, I want
you to start internally thinking about what is
your opinion about the death penalty because,
keep in mind, we are going to be asking you
later on in this presentation whether it's a
punishment that you can seriously consider or
whether it would be a punishment that you
could impose if the evidence merits it. Now,
keep in mind, this is where we are going to
seek honest answers.
And as a prosecutor who's done plenty
of these cases, I've heard every answer in the
book. I've heard people say that they can't
do it under any circumstances. I've heard
people say that I ' l l do it no matter what the
40
8/6/2019 Felton Dorsey
83/384
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
evidence is. I've heard people say I' m
neutral to either side. We have heard the
whole spectrum of answers so, keep in mind,
ladies and gentlemen, when we get to that
topic there's no right or wrong answer. So I
hope that starts your thinking as far as your
opinion on that important topic.
Let me talk to you about the
sequestration. When we talk about
sequestration, that means no contact with
anyone. Once sequestration begins the sheriff
will take custody of you and that doesn't mean
you go to the C a d d o Correctional Center. Thatmeans you are going to go to a nice hotel. As
the judge indicated, you are going to be
provided very good meals, and the sheriff's
office is going to take care of you through
the duration of the trial. You are going to
have limited TV and newspaper exposure to
maintain the integrity of the proceedings so
there is no outside influences coming in
influencing your decision when your decision
should b e based on the facts and the evidence.
Do you agree with that, Ms. Edwards?
A. (By Ms. Edwards) Yes.
Q. Do you see why they do the
sequestration process?
A. (By Ms. Edwards) Yes.
Q. As indicated by the Court, we are in
the continuous process of selecting this jury.
We anticipate sequestration could begin around
Friday, maybe Saturday. That is our time
41
8/6/2019 Felton Dorsey
84/384
8/6/2019 Felton Dorsey
85/384
_-
I 1
I 2
I 3~ 4
5
6
7
8
9
10
11
12
1 3
14
1 5
16
17
18
19
20
2 1
2 2
2 3
2 4
25
2 6
2 7
2 8
2 9
3 0
31
32
(Whereupon a side-bar discussion off the
record was held.)
THE COURT: Ms. Stewart, could you
approach, please.
(Whereupon a discussion off the record was
held. )
\ THE COURT: F o r t h e r e c o r d , Ms. S t e w a r t
is excused for the reasons already stated.
(Whereupon the prospective juror was excused
from the courtroom.)
BY M R . THOMPSON:Q. Ms. Edwards, I believe I left off
with you.
A. (By Ms. Edwards) (Ju'ror nods head.)
Q. O k a y . Would the sequestration p o s eany i s s u e f o r you?
A. (By Ms. Edwards) Yes.
Q. Could you tell me about that.
A. (By Ms. Edwards) Usually, when I get
o f f work every evening, I have to go to my
daughter's house to take care o f my
grandchildren every day because she has to be
at work from 1 2 : O O to 8 : O O every day. And soI have to be there when I get o f f work to meet
the bus when they get o f f bus. They are
elementary kids from four to eleven.
Q. These are your grandchildren?A. (By Ms. Edwards) Uh-huh.
Q. Their mother - -A. (By Ms. Edwards) Works every day.
Q. What time does the mother get o f f
work?
4 3 5 7 5 9
8/6/2019 Felton Dorsey
86/384
1
' From 1 2 : O O noon until 8 : O O at night.
5
6
7
8
t
9
10
11
12
13
14
1 5
1 6
17
18
19
2 0
2 1
22
2 3
24
2 5
26
27
28
2 9
3 0
3 1
32
A. (By Ms. Edwards) At 8 : O O at night.
Q. Are you the only relative here in
town that could assume that responsibility? I
know your daughter probably prefers you,
but - -
A. (By Ms. Edwards) Well, as far as
she's concerned, I am. I mean, other
relatives, I have would help us, too. As a
m a t t e r of f a c t , I h a v e t w o s i s t e r s .
Q. Would they be able to assume those
responsibilities if you were selected as a
juror?
A. (By Ms. Edwards) Well - -
Q . I know y ou r d a u g h t e r p r o b a b l y p r e f e r s
you.
A. (By Ms. Edwards) But my oldest sister
just got out of the hospital from a blockage.
Q. Okay.
A. (By Ms. Edwards) My other sister, I
don't know because she's at work every day. I
don't know where she is afterward.
Q. Okay. So you feel that situation may
impose an extreme hardship on you?
A. (By Ms. Edwards) Yes, because there
is no one to keep them.
Q. If you were selected as a juror in
this case and you weren't able to make any
accommodations, how would that affect you as a
juror?
A. (By Ms. Edwards) (No response.)
Q. I'll accept whatever answer you give
4 4
8/6/2019 Felton Dorsey
87/384
1
2
3
4
5
6
7
8
9
10
11
1 2
1 3
1 4
1 5
1 6
1 7
1 81 9
2 0
2 1
2 2
2 3
2 4 .2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
me.
A. (By Ms. Edwards) It would affect me
pretty bad.
Q. How would it affect you? Just give me
your best explanation. I
A. (By Ms. E d w a r d s ) In my bestI
explanation, I wouldn't be here.
Q. Do you feel you might be distractedfrom these proceedings?
A. (By Ms. Edwards) No.
Q. W o u l d y o u feel like you could stillI
pay attention to the facts and evidence and
the witnesses?
A. (By Ms. Edwards) Yes.
Q. If we were to allow you to make
accommodations to see if another relative or a
family friend here in town could take care of
that responsibility, would that alleviate your
hardship?
A. (By Ms. Edwards) Yes.
Q . We can certainly make thoseaccommodations to allow you to do that.
A. (By Ms. Edwards) Okay.
Q . Mr. Olague, d i d I say your namecorrectly?
A. (ByMr. Olague) 0-la-GEE. An 1 1 0 , " and"leg" and an "E."
Q . All right. Mr. Olague, do you haveany issues with the sequestration topic?
A. (By Mr. Olague) No, sir.
Q. You would be able to serve as a
sequestered juror?
8/6/2019 Felton Dorsey
88/384
10
11
12
1 3
~
A. (By Mr. Walker) Well, privately.
Q. Do you want to discuss it in private?A. ( B yM r . W a l k e r ) Y e s .
Q. Okay. I ' l l make that accommodation.Ms. Clay.
A. (By Ms. Clay) It would be
14
15
1 6
17
18
19
2 0
21
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
31
3 2
A. (By Mr. Olague) Yes.
Q. Mr. Walker.
A. (By Mr. Walker) I've got a situation
this weekend, but c a n n o t b e c a n c e l e d , a n d it'san activity that has been planned for a year.
Q. Is that something you mind discussing
here?
inconvenient, but it would b e okay.
Q. Jury service is always inconvenientto everybody, but what we're seeking is
whether anybody has any extreme hardships. So
you would be able to serve as a sequestered
juror?
A. (By Ms. Clay) My husband is a youth
minister, but he could do without me for a
little while.
Q. I normally get a good response from
married couples with children.
A. (By Ms. Clay) I don't have any kids.
I've one on the way, but I don't have any kids
here.
Q. I've heard them say, sign me up, I
need the vacation.
A. (By Ms. Clay) I've got a vacation to
work on, so it's okay.
Q. Mr. Jefferson.
8/6/2019 Felton Dorsey
89/384
1
2
3
4
5
9
10
11
12
1 3
14
1 5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
A. (By Mr. Jefferson) It would bebecause it's two weeks.
Q. Okay.A. (By Mr. Jefferson) Because of my
financial situation that would be the only
hardship I would have.
Q. I'm sorry?
A. (By Mr. Jefferson) The only hardship
I would have is because of the two weeks I'm
off work.
Q. Where do you work?
A. (By Mr. Jefferson) Republic
Contractors.
Q . What type of work do you do there?A. (By Mr. Jefferson) Plumber.
Q. Are you an hourly employee?
A. (By Mr. Jefferson) Yes.Q. Is it fair to say that if you don't
work, you don't get paid?
A. (By Mr. Jefferson) Correct.
Q. I'm assuming your boss won't make anyaccommodations to that effect?
A. (By Mr. Jefferson) I would have to
ask him about that.
Q. You would have to ask him. If hewere to make those accommodations to your
salary, would that alleviate your hardship?
A. (By Mr. Jefferson) Yeah.
Q . If he wasn't able to make thoseaccommodations, that would pose an extreme
economic hardship?
A. (By Mr. Jefferson) Well, not extreme
47
8/6/2019 Felton Dorsey
90/384
1
4
5
6
7
8
9
10
11
12
13
14
1 5
1 6
1 7
18
19
20
21
22
23
24
25
26 .
27
28
29
30
31
32
Cd '
because God handles all my affairs.
Q. So let me ask you this,notwithstanding what you have just stated,
would you be able to serve as a sequestered
juror if maybe we were to allow you to check
o n t h o s e h a r d s h i p s i n r e f e r e n c e t o y o u r b o s s
giving your salary during your jury service?
A. (By Mr. Jefferson) Yes.
Q. Any other hardships we need to know
a b o u t ?
A. (ByMr. Jefferson) No.
Q. Ms. Snelling.A. (By Ms. Snelling) Yes. I work for
the school system, and I do evaluations. I
have fourteen evaluations in the process right
now. It's the last weeks of school. Theyhave to be completed in these last two weeks.
I also tutor high school students for finals,
and it would be very difficult for them to
find another tutor at this late date.
Q. Okay. Having a mother who is a school
teacher, I understand.
A. (By Ms. Snelling) My father also has
cancer and lives in Baton Rouge. He just
started treatment was yesterday. The last one
was so severe that they had hospitalize him
and if that happens again, I would have to be
with him.
Q. I'm very sorry to hear about that
situation. Ms. Snelling, I am going to make a
note here, we may readdress this issue in a
private capacity later on in the voir dire.
8/6/2019 Felton Dorsey
91/384
5
6
7
8
9
1 0
11
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
21
2 2
2 3
2 4
25
2 6
2 7
2 8
29
3 0
3 1
32
Mr. Walters.
A. (By Mr. Walters) Just two situations.
My wife has a ruptured disk and she is goes to
the neurology on the 25th to decide what kind
o f s u r g e r y that may occur , although the
surgery probably won't be schedule right away.
If it's two weeks, it's not a problem, but I
do have vacation that starts on the 7th. I
have already paid and I won't get my money
b a c k .
Q. The 7th of June?
A. (By Mr. Walters) Yeah.
Q. I hate to make a promise, but Ianticipate we'll be done by then.
A. ( B yMr. Wal ter s) As l o n g as
arrangements could made that my wife could
speak to the sheriff's department and let me
know what results are, then I have no problem.
Q. That would alleviate the hardship?
A. (By Mr. Walters) Yes.
Q. Ms. Dixon.A. (By Ms. Dixon) No.
Q . No hardships?A. (By Ms. Dixon) No.
Q. Okay. Ms. Hicks.
A. (By Ms. Hicks) I was planning to go
out of town in the morning and come back
Sunday evening.
, Q. Okay.
A. (By Ms. Hicks) And also my niece is
graduating on the 2 3 r d .Q. Your niece is graduat,ing on the 23rd
. 49
8/6/2019 Felton Dorsey
92/384
.1
which would be Saturday?
A. .(By Ms. Hicks) Saturday a week.
Q. Okay. Let me ask you this as far asyour out-of-town trip for tomorrow, is it
something that could be rescheduled if you
were selected?
A. ( B yMs. H i c k s ) W e l l , i t has b e e n
planned for several months. I'd really rather
not miss it.IQ. If you don't mind me asking, is it a
personal vacation or is it business?
A. (By Ms. Hicks) Yes, personal.
Q. I t ' s a personal vacation. Is itsomething that non-refundable?
A. (By Ms. Hicks) N o .
Q. It's n o t r e f u n d a b l e ?A. Oh, yes. It's just a camping trip
with my family.
Q. Let me pose a question to you, andI'll accept whatever answer you give me. Isit something that can be rescheduled or is
it - -
A. (By Ms. Hicks) (Juror shakes head.)
No.
Q. So let me ask you this: I f , y o u wereselected as a juror in this sequestered
manner, how would that affect you? . A n d I'llaccept whatever answer you give me.
A. (By Ms. Hicks) It's something I would
like to do. So I don't g e t . t o see my dado'ften. He lives in town, but with my job and
he goes to bed early, so we just never get to
D6C P I
8/6/2019 Felton Dorsey
93/384
10
11
12
1 3
14
15
1 6
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
visit, and he's seventy-two. And he's down at
Toledo Bend alone right now. He's expecting
all the family to come down.
Q. Would it be something that w o u l d
create a severe strain on your ability to
serve as a juror if you were selected?
A. (By Ms. Hicks) No. I would be upset.
Q. Would it be something that you might
hold against either of the parties?
A . ( B y M s . H i c k s ) M ay b e . ( L a u g h t e r . )
No.
Q. This is why I do this process.
A. (By Ms. Hicks) I would be hurt.
Q. O k a y . I guess the crunch question is,
if selected, would you be able to serve as a
juror?
A. (By Ms. Hicks) Yes, but I wouldn't
want to miss my niece's graduation.
Q. On the 2 3 r d ?A. (By Ms. Hicks) The 2 3 r d .Q. Well, Judge Mosely is very good at
making these cases go very expeditiously. So
hopefully, we will be done by then. Okay?
A. (By Ms. Hicks) (Juror nods head.)
Q. Mr. Thomas.
A. (By Mr. Thomas) I have a bicycle race
this weekend that I've already paid for which
is not a big deal.
Q. Okay.
A. (By Mr. Thomas) Then' my sister
graduates high school on the 24th.
Q. Of this month?
m61
51
5 7 6 7
8/6/2019 Felton Dorsey
94/384
A. (By Mr. Thomas) Um-hum.
Q. To the extent of your bicycle race,is that something that - -
A. (By Mr. Thomas) It's nothing that's a
big deal. It's just that it was sixty-three
dollars, and I have already paid that.
Q. I played a lot of tennis tournaments,and there has been a lot of cases where I've
had to eat my fee. So I understand that, butIto the extent that you c o u l d d o that - -I
A. (By Mr. Thomas) It's nothing severe.
Q. - - you would be able to serve. As toyour graduation on the 23rd - - is that
correct?
A. (By Mr. Thomas) The 23rd or 2 4 t h ,Sunday.
Q. I anticipate the case may be over by
then. I don't want to make any promises, but
to that extent, would you still be able to
serve as a juror in this case?
A. (By Mr. Thomas) Yes.
Q. Is there anybody else that hasanything they want to add to their answer
before I move to the next topic.
Yes, ma'am, Ms. Edwards.
A. (ByMs. Edwards) I do. If I am
selected, would my job be informed?
Q. Yes, ma'am.
A. (By Ms. Edwards) Okay.
Q. We will allow you to make
accommodations to inform your job and, if
needed, there can be notifications to confirm
I
8/6/2019 Felton Dorsey
95/384
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1 5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
3 1
32
.-..
I .._
that you are indeed here in a sequestered
manner.
A. (By Ms. Edwards) I told my students
yesterday and this morning.
Q. You p u t them o n n o t i c e .A. (By Ms. Edwards) Yes.
Q. Ms. Clay, did you have your hand up?A. (By Ms. Clay) Would we start tomorrow
if we got picked?
Q - No, 'ma'am. We're s t i l l i n t h eprocess of selection.
A. (By Ms. Clay) Oh, okay. I was just
wondering because I have an appointment at
9 : 3 0 in the morning.Q. You should be able to make that
appointment tomorrow.
A. (By Ms. Clay) Okay.
Q. Is there anybody else that has any'
questions .or wants to add to their answer?
Yes, ma'am, Ms. Thornton.
A. (By Ms. Thornton) I do have vacation
planned for the day after Memorial Day, that
week. I don't know what that - -
Q. That would be the 2 6 t h , 27th.A. (By Ms. Thornton) Do you think it
would be through by then?
Q. Once again, I hate to promise that
and then we roll into week three, but we're
going to try our best to keep within the time
frames that we have given out to the jurors.
A. ( B y Ms. Thornton) Okay.
Q. To that extent, would that help with
8/6/2019 Felton Dorsey
96/384
-.
I 1
2
~
3
4
10
11
12
1 3
14
15
16
17
18
19
20
21
2 2
2 3
2 4
2 5
26
. 2 728
29
30
31
32
your hardship?
A. (By Ms. Thornton) Yes.
Q. Okay. Ladies and gentlemen, my next
topic concerns pretrial publicity, and this is
where, as well, too, I want to stress to
everybody here before you give your answer,
this case has received some pre-trial
publicity when the incident occurred and
leading up to the trial. I don't know if
a n y b o d y h a s s e e n a n y t h i n g o n t h e n e w s or h a s
heard anything through community talk or
through any media outlets. If I could give a
reminder here at this point, if you have heard
s o m e t h i n g i n t h e m e d i a a b o u t t h i s c a se , j u s t
let me know. I don't want you to go into any
Iextreme details. I just want you to let me
know if you've heard anything right off the
bat. And then I'm going to explore it .further.
When we talk about the pretrial*
publicity in this c a s e , , o u r basic allegations,the crime occurred April 1, 2006, at the
location of 8 8 4 5 Greenwood Springridge Road,
Highway 169, near Greenwood. The victim in
this case, a gentleman by the name of
Mr. Joe Prock was killed. His mother, victim
Bobbie Prock, was also injured in this
offense. The C a d d o Parish Sheriff's Officeinvestigated this case.
Now, I can't get into any more
specifics other than that, that's the basic
allegations that the law provides us to give
to you in this stage of jury selection.
8/6/2019 Felton Dorsey
97/384
5
6
7
8
9
10
11
1 2
1 3
1 4
1 5
16
17
18
19
2 0
21
2 2
2 3
2 4
2 5
2 6
27
28
29
3 0
3 1
3 2
Keep in mind, Ms. Snelling, whenever
you see a big case on TV, are you familiar
with the Drew P e t e r s e n case that's going on?A. (By Ms. Snelling) Urn-hum.
Q. With that case, that's a police
officer. He's had several wives missing now.
And he has now been arrested for murder,
right? A lot of pretrial publicity, wouldn't
you agree?
A. (By Ms. Snelling) ( J u r o r nods head.)
Q. In those instances, jurors that aregoing to be selected up there, do you think
they should base their verdict on the pretrial
publicity?
A. ( B y M s . S n e l l i n g ) No.
Q. What should they base the verdict o n?
A. (By Ms. Snelling) The evidence.
Q. The facts and the evidence.
Would you agree with that,
Mr. Walters?
A. (By Mr. W a l t e r s ) Yes.Q. This is what I want to touch up on.
I'll start with you, Mr. Natale. Have youheard any pretrial publicity exposure to this
case?
I A. (By Mr. Natale) I recall the newsaccounts when it first happened, and this past
Sunday night, I read an article on it.
I
Q. F r o m what your understanding of thepretrial publicity is, is it the same basic
allegations that is put up here on our
outline?
55
57 '71-
8/6/2019 Felton Dorsey
98/384
I 12
3
~ 4
5
6,
7
8
9
10
11
1 2
1 3
1 4
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
A. (By Mr. Natale) Yes.
Q. * With this, have you 'formed any
preconceived notions of the defendant's gu-iltor innocence?
A. ( B y Mr. Natale) No.
Q. I f you w e r e ' s e l e c t e d as a juror inthe case, what would you base your verdict on?
A. (By Mr. Natale) What was presented as
evidence in the trial.
Q. And also i f you were selected a s a
juror, would you be able to exclude anything
you might have heard in the news media
accounts about this case?
A. (By Mr. Natale) Yes.
Q. And render a decision based strictly
on the facts and evidence in the courtroom?
A. (By Mr. Natale) Yes.
Q . Ms. Thornton.A. (By Ms. Thornton) I, too. I remember
at that time, but I haven't heard anything
since.
. Q . Okay. Ms. Thornton, I ' l l use this asa comment, have you ever seen a news media
story that turned out to be false down the
road?
A. (By Ms. Thornton) Oh, sure.
Q. They are not in here now, so I can go
ahead and say this without offending anybody,
but is it a fair statement to s a y . t h a t thenews doesn't always get the stories right?
A. (By Ms. Thornton) True.
Q. Would you agree that the news stories
Q Iq
5 6 5 7 7 2
8/6/2019 Felton Dorsey
99/384
8/6/2019 Felton Dorsey
100/384
5
6I
7
8
9
1 011
1 2
1 3
14
1 5
1 6
1 7
1 8
1 9
2 0
2 1
2 2
2 3
2 4
2 5
2 6
2 7
2 8
2 9
3 0
3 1
3 2
A .
Q .
A .
Q .
( B y M s . E d w a r d s ) Yes.
You f e e l s t r o n g l y a b o u t t h a t ?
( B y M s . E d w a r d s ) Yes.
M r . O l a g u e , h a v e y o u h a d a n y p r e t r i a l
p u b l i c i t y exposure t o t h i s c a s e ?
A. ( B y M r . O l a g u e ) Yes , q u i t e a b i t .
Q . Q u i t e a b i t .A. ( B y M r . O l a g u e ) ( J u r o r n o d s h e a d . )
Q . I s i t t h e b a s i c a l l e g a t i o n s t h a t I ' v e
o u t l i n e d h e r e ?
A . ( B y M r . O l a g u e ) Y e s .
Q . F r o m w h a t y o u ' v e h e a r d , h a v e y o uf o r m e d a n y p r e c o n c e i v e d n o t i o n s o f t h e
defendant's guilt or innocence?
A. (By Mr. O l a g u e ) No.
Q . I f y o u were s e l e c t e d a s a j u r y i n
t h i s c a s e , w h a t w o u l d y o u , b a s e y o u r d e c i s i o na n d v e r d i c t o n ?
A . ( B y M r . O l a g u e ) O n l y o n t h e f a c t s
p r e s e n t e d a s e v i d e n c e .
Q . T h e f a c t s p r e s e n t e d h e r e i n c o u r t ?
A . ( B y M r . O l a g u e ) Yes.
Q . W h a t y o u d i d h e a r o r w h a t y o u w e re
e x p o s e d t o , w o u l d y o u be a b l e t o e x c l u d e t h a t
m e d i a p o r t i o n a n d b a s e y o u r d e c i s i o n s t r i c t l y
o n t h e f a c t s a n d e v i d e n c e ?
A. ( B y M s . E d w a r d s ) I b e l i e v e s o , y e s ,
s i . r .Q . M r . W a l k e r , how a b o u t y o u ?A. ( B y M r . W a l k e r ) I t w o u l d ' b e t h e same.
A nd I m e a n , I ' v e h e a r d a t o u c h o f i t o n t h e
T V . M o s t o f w h a t I h a v e h e a