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>> Hey there. Welcome to the
bench, unscripted off the cuff,
but fairly in-depth. We’ve got
to reporters here Ro on Joel
and then an expert, a defense
attorney that he should
communities. Thanks for being
with us. You’ve been involved
in some big cases yourself.
We were all in the courtroom
this morning as things got
going. So let’s do a quick
check of what we think how that
went. I thought it was pretty
interesting. AJ Armstrong was
sitting right there in the
second Q with his family.
What did you guys think?
Just real quickly, what do you
think? He’s sort of facial
motion. Zers body motion.
Show you anything. Could you
read any of that? He looked to
me like he was just Something
that you’ve grown accustomed
to.
>> He’s been in and out of the
courtroom now for 16 years.
This is his 3rd trial. You
could tell that he had been.
>> He really has been and he
didn’t look tired and
appointees who were there for
like an hour where nothing was
happening. At that point.
I signed hunched over quite a
bit. Speak with his
grandparents were directly in
front of them multiple times,
just kind of waiting for things
to get started. Sure that some
of the feeling I got here just
kind of maybe some nervous
energy in there, but kind of
quiet and reserved and then
things kicked off and we
started it. It was supposed to
get started again around 9.30,
just gotten started a little
after 10. And then right off
the bat, we’re looking at those
motions. Not that came slamming
U.S. last week starting on
Thursday. Can you run us
through what that was exactly
and how that all played out
short tunnel. So I think she
par started off by mentioning
to both parties. Hey, remember?
>> I cannot the defense motion
for continuance last week.
She then immediately went to
the state’s motion for
continuance. I’m sorry. Not
that she did that last. What
she went to was that the state
had asked that all falls by
either side, the sale.
I only made public after the
judges had an opportunity to
review and look at him camera
just simply one of the tax tax
to finance our oceans and looks
at the herself before it’s made
public to anyone else. And so
the state will say we would
like for you to look at almost
instant camera before you make
it public. Well, much to my
surprise. She did not it most.
And it seems like she was
pretty clear that that’s what
she was going to do. So what
Kelly, John Tefft Kelly Johnson
said was I’m going to the
public what they have a right
to and that is accessed and
public trust the impetus for
all of this, of course, started
last week with the revelation
Orsino revelation from the
defense team.
>> And hey, a member of the
DA’s office may have had some
sort of relationship with a
juror. Turns out it was an
alternate juror. The
relationship was kind of maybe
an ended or it was unclear
exactly where was when she sort
of put that down quickly,
right?
>> She did. She did. And that’s
one of the reasons she sent.
Now to the motion for
continued. She just wasn’t by
any of those red hair really
seem that way. Yeah, and south.
And finally, she went to the
state’s motion for continued.
>> They wanted to delay.
Why, though? Why did they want
to do what they wanted to
delay? Because think about the
last thing that this potential
jury home or was that the DA’s
office or someone from the DA’s
office was having an
inappropriate relationship?
>> With that, you’re right.
You know, it didn’t disclose.
So, of course, that leaves in
the minds
of any lay person that doesn’t
seem right, right. So that we
really want to start trial
after hearing out like the very
next day we’re picking the
jury. Know you do you want
things to kind of die down.
And so that was the purpose of
the state following their
motion for the tangles. Again,
the judge says I’m not having
it. We’re picking this jury
today. Yeah. It looks like she
was a full steam ahead. They’re
signs that the feeling you
Absolutely. She wants to get
things started right away.
we’re going to look at what
75 jurors, potential jurors.
We saw them all lined up.
I mean, that was the 18th or
19th floor. 99 to 94.
>> Is packed. It was packed
when the jurors are in their
75 people just lining the sides
of the hallway. And typically
we would be allowed inside for
portions of that because there
are so many jurors we were all
asked to leave. And I spoke
with AJ Armstrong’s
grandparents were kind of
disappointed. They thought they
would be able to stay in there.
But in this initially, they
along with ourselves, were told
to get out of the courtroom and
they were allowed back in,
which is what they wanted to be
on the line to sit there with
him.
>> I’m just trying to
physically fit 75 people as
they go through this. You know,
this, this process they’re
using like that the jury box
and I understand.
>> They are up to because the
gallery is what we like.
The only 6 people.
60’s that the typical panel.
Yes, Michael Powell, 64 $0.65.
So whether just throw in an
extra 10 and they’re wanting to
do that, just a bigger pool,
bigger part. The panel now just
a bigger pool of people because
of all the media attention that
this case has received. And so
in order to find a jury heard
about this and he’s able to set
aside in that part of the fair
on a show without considering
that is going to be a little
more difficult than your
average. You know what I
thought was most interesting
thing that happened this
morning to you guys. See that
little back and forth between
the defense attorney Rick
Detoto and the prosecution
about where.
>> One of their members was
going to sic. Can you walk us
through that? How did you guys
read that? Well, I thought it
was interesting. It was
certainly a tip for Ted.
Yeah, I think it was. Tell me
what’s the best attorneys say?
>> So my grounds and I’m going
to maintain control of it all
talk, which is what you’re
supposed to go to trial as a
trial.
>> So the issue was an
assistant district attorney was
kind of sitting beside on their
side. Sort of in a I don’t know
is that is a place where people
usually do that. What you see
to know that normally don’t sit
there because normally there’s
enough room at council’s table.
Well, because there are so many
individuals that are going to
be and the jury pool. Remember,
we say that they’re going to be
sitting in the
jury box. So if she was sitting
at council’s table for the
prosecution are back to them.
But where does she end of
Senator? She’s sitting right
when somebody else moved or
something like she didn’t have.
So kind of drying it out to the
audience. Kind of see a little
bit. This is how it assistant
district attorney individual.
She was sitting right there
right behind the defense team.
And that was the defense
attorneys say, wait, she’s too
close yet. So I thought was a
mother of all ages sitting,
right? Yeah, Jason, you are
what I was saying was that if I
come and say anything to my
>> She’s going to be able to.
I don’t want that added credit.
She was arguing if I go over
here, the jury boxes here that
my back is to the jury and
right. And then if you remember
what Rick said was, I’m sorry,
if we start balancing now, poll
should, you know, get the
benefit of the doubt here.
But it should be the defendant.
Yeah. And he should have the
right to be able to speak with
his counsel without the state.
He won the argument. He won
the argument judge OK, so where
are we now in terms of what I
do up there, as far as we can
tell what’s going on right now?
>> Well, I want to say before
we even get there, there’s
another motion that’s right.
That particular language got to
talk to us about what that was
all about point. So the state
ended up falling of motion in
Limine, OK? And what a motion
in Limine is is that there’s
evidence all that.
>> And before you can go into
that evidence, not the state
is calling it. What it is
saying is, hey, defense, before
you can go into this particular
evidence, you need to approach
the bench. You need to get
permission. So we need to know
one is that this simple and
it’s relevant at the time?
I think you’re breaking
it all now in this specific
case, one of the things that
they were saying is you cannot
talk about whether this jury
can’t get this young man alive,
sons and the reason being is
because this isn’t on the
capital case. So in the state
of Texas there only to
punishments for capital.
The death penalty or life
without parole. Well, we know
the death penalty is off the
table because of the time he
was a recipe was only 16 right.
You cannot feel is 16.
And so the only other
punishment that’s available and
life without parole.
>> So then what’s the big deal,
though? I didn’t understand
the argument. Why can’t they
said because that’s the only
choice. Anyway.
>> Because here’s the thing.
Texas is a bifurcated state
which means we are one of the
very few states that allows
juries to assess punishment
and maybe 85% or more of the
states that are yeah, the
judge assist what we’re reading
the jury to assess punishments.
And when you are important all
year, you have to qualify the
jury for punishment. For
example, and a regular murder.
You get 5 to life. So you have
asked that journey. The state
will say, well, the defense
will say can you give someone
who was convicted of murder?
5 E news. That’s something we
would want to know. You have to
qualify the jury because a lot
of people will say no, I find
someone guilty of murder.
There was no way I would give
them 5 years. You know, it
would be home.
>> What does that do to that
questionnaire when we’re going
to go over that process, which
is different from the get-go?
>> And alleviate any questions
about punishment which goes
back to the states. Motion say
defense, you cannot say can
you get this young man like
without parole on it? Because
this autumn at and so they just
wanted to keep that evidence
and the way that the defense is
a public talk about this.
As you can imagine, if the
defense gets up there and say,
can you get this young man’s
life without parole? That’s
coming up. And a lot of people.
>> I understand. Okay. That
does make If you’re ready, we
can talk about the process just
a little bit in terms of.
>> So these 75 people from all
walks of life and it really
look like it when you’re
traveling down the hallway up
there
>> they’ve already filled out
an initial questionnaire,
correct? Us. And then there was
some shuffling that happened.
Well, it can you explain what
happened right in the morning.
There was something we want
to shuffle. What does that
mean?
>> So any time that a jury
isn’t and they’re actually
across the street from the
criminal court calls. There’s
a jury assembly room. All
right. And then that jury
assembly room, those jurors
already assigned numbers before
they cross the street and go
over to the criminal courts
before they make it over to the
But the feds and the state
already has their names.
What number they’re going to be
seeing an and where they all
that and a lot of times the
demographics that you may be
looking for. Remember, we
talked about getting brand M
what we know. Grandparents tend
to
be older. Okay. So that’s a
potential juror that I’m
looking for. What I get that
list. I see all the parents
away and the fact I’m gonna
shop of them so I can get them
closer. And the lower numbers
because the call. So you are
one through 40 year want the
32. The more probability that
you end up on each side gets
one chef of each side gets one
shot.
>> And so the defense is just
use their thinking. And that
looks like that’s going to be
that on the shuffle itself, OK,
got it. And so what up there
right now? What
is happening?
>> So right now anticipate that
they’re doing a general board.
I do not believe that they’ve
started individual board as
of yet. So now they’re just
doing a general board dire when
they will whittle people out
that way. Want to assure?
Absolutely. Absolutely. Because
the judge is going to stand up
and just do some general legal
basics such as the 5th
Amendment right to remain
silent. Some jurors feel like
if you’re charged with a crime
as serious as this, you should
get up and say something.
And if you don’t say something
that I’m going to hold that
against you and look at you
like, well, the 5th Amendment
to our all want to live right.
And so the judge can board are
on that, which we know board.
I used to tell the truth.
And if someone says he doesn’t
testify, hold it against.
>> The president was right to
>> Have we gotten any
indication yet? Have you guys
and how big the the how many
alternates were going to have
here?
>> Now, she really hasn’t
stated yet, but I’m thinking
for for at least which is more
than the going rate is only
a normally will have one, maybe
2, all 4 is a lot.
>> And you carry for just so
you’re all buttoned up in terms
of having the bodies in need.
Absolutely. And this could last
what from from this point we
could be. 2 months away from
the end of it at this point.
That’s why that’s why I you
know.
>> Anything can happen in 2
runs. And and so you want to
have enough drivers to replace
someone so that you don’t have
to start this process all over.
>> We’ve got a briefing
scheduled. They’re doing the
questionnaire now next. They’ll
have lunch and then we’re going
to go into what we soon as the
one on one And hopefully by
that time we’ll see for a loud
inside of that.
>> You know, I don’t know that
they’re going to start that.
I think what they state it was
they would fill out the
questionnaire. And that
question there is the one that
was agreed to by the state,
which is separate them to want.
Every juror gets serves on the
air was coming too. This one
is tailor made to this
particular case. So they’re
going to do that first, then
have lunch. And then after
that, the judge will speak to
on the prosecution and the
defense.
>> The bottom line here is that
the one 78 is that the court
that a judge, Kelli Johnson, is
is said that this process is
going to take a month? I think
just a lot and I go and
probably take a week. But we
just we’re going to take a
month or it’s actually going
to take a month to get through
this portion.
>> I don’t know that it will
actually take them. And I think
that she’s a lot of that amount
of time just as a cushion.
But it could very well can
because all other things can
arise during this time. And
it could take a month that’s
going to be close to it.
Pretty action-packed for the
first day. I would say at the
death. All right. That’s that’s
the bench.
>> We’re giving you the bench
on the AJ Armstrong trial.
And we’re going to be joining
you actually throughout the
day on TV and also KPRC 2 plus
from downtown at the courthouse
for the 3 of us will check in
with you later.