>> TOMORROW MORNING JURY SELECTION WILL RESUME IN FORTH LAUDERDALE IN THE PENALTY PHASE
OF THE TRIAL OF THE MAN WHO HAS
PLEADED GUILTY IN THE MASSACRE
AT MARJORIE STONEMAN DOUGLAS
HIGH FOUR YEARS AGO.
>> THAT JURY SELECTION PROCESS
IN THAT BROWARD COURT ROOM IS IN
MANY WAYS THE STANDARD PART OF
THE CRIMINAL JUSTICE PROCESS.
THOUGH IN THIS TIME IN SO MANY
WAYS IT IS SUCH A VERY DIFFERENT
CHALLENGE.
WE TAKE THAT DIVE TODAY WITH
GALE LAVIGNE, A VETERAN MIAMI
DADE PROSECUTOR INVOLVED IN
COUNT LALS-- COUNTLESS JURY
SELECTIONS IN SOME OF MOST HIGH
PROFILE CASE, GALE, GREAT TO YOU
HAVE ABOARD.
>> WELCOME BACK, ALWAYS GLAD TO
HAVE YOUR EXPERTISE.
LET’S SAY THE JUDGE PRESIDING
OVER THIS TRIAL IS GOING TO
AGAIN BEGIN THE JURY SELECTION
PROCESS.
HOW LONG WOULD YOU THINK IT’S
GOING TO TAKE?
>> I THINK IT’S GOING TO TAKE
UNTIL PROBABLY THE END OF MAY.
I THINK THAT THIS PROCESS IS
GOING TO BE LONG, ARDUOUS,
DIFFICULT, AND IT’S GOING TO
TAKE A LOT FOR JURIES TO DIG
DEEP AND TELL THE TRUTH.
>> THAT WILL COME I GUESS THE
ATTORNEYS WILL BE LOOKING FOR
THOSE TRUTHS IN THE NEXT PHASE.
RIGHT NOW OUR PEOPLE ON THE
GROUND THERE ARE REPORTING THAT
THIS FIRST PHASE THEY ARE
LOOKING FOR PEOPLE WHO WILL HAVE
HARDSHIPS WITH BEING ABLE TO
UPEND THEIR LIVES AND SIT IN A
COURT ROOM AND LISTEN TO THIS
FOR HOW MANY MONTHS.
THIS TRIAL IS GOING TO TAKE A
VERY LONG TIME.
AND THAT IS A DIFFICULT THING
FOR THE AVERAGE SOUTH FLORIDIAN
TO DO.
AND I GUESS THE JURY SELECTION
PROCESS, PEOPLE GET THEIR LITTLE
NOTICE AND THEY GO IN AND THEY
ROLL THEIR EYES AND TRY TO GET
OUT OF IT.
AND SITTING AND WATCHING THESE
PEOPLE, SOME LEGITIMATELY WITH
HARDSHIPS AND SOME JUST TRYING
TO GET OUT OF IT, HOW DO YOU
IMPRESS UPON A CITIZEN HOW
CRITICAL THIS SERVICE IS.
>> WELL, LET ME EXPLAIN.
FIRST OF ALL, I’M A RETIRED
PROSECUTOR NOW, BUT WHAT I
ALWAYS STARTED MY JURY SELECTION
WITH, EVERY SINGLE JURY
SELECTION WAS THAT JURY SERVICE
IN A TIME OF NONWAR, WHERE THERE
IS NO DRAFT, IS THE ONLY THING
WE ACTUALLY ASK YOU TO PERFORM,
TO DO AS AN AMERICAN CITIZEN.
OF COURSE BESIDES PAYING YOUR
TAXES.
JURY SERVICE IS THE MOST
IMPORTANT THING YOU CAN DO AS AN
AMERICAN CITIZEN.
AND I THINK WHEN PEOPLE REALIZE
THAT THIS ISN’T JUST A JOKE.
IT’S NOT TO SEE WHO HAS ITS
FUNNIEST LINE AS TO WHY THEY
CAN’T SERVE, PEOPLE SERVE LIKE
THEY SERVE IN THE MILITARY.
BECAUSE IT’S NECESSARY FOR OUR
CITIZEN OF JUSTICE.
IT DOES NOT WORK WITHOUT
HONESTY, AND REALISTIC
ASPIRATIONS OF EVERY JURY TO DO
A GOOD JOB.
THAT’S WHAT THEY DO.
IN WAR, THAT’S WHAT WE DO.
>> AND IN THIS CASE, THIS VERY
SPECIFIC CASE, THIS VERY LIE
PROFILE HEARTBREAKING CASE WHERE
THEY ARE GOING TO BE LOOKING AT
THE SHOOTER FOR A VERY LONG
TIME, DAY IN, DAY OUT, THIS JURY
WILL DECIDE WHETHER HE LIVES OR
DIES FOR HIS CRIMES.
IT IS A VERY EMOTIONAL, I WILL
TELL YOU FIRST HAND AS A JURY,
WHICH I WAS THRILLED TO BE,
BECAUSE WHO WOULD EVER THINK A
REPORTER LOCALLY WOULD BE CHOSEN
FOR A JURY.
BUT I WILL SAY FIRST HAND IT IS
A VERY EMOTIONAL, GUT WRENCHING
PROCESS.
WHICH YOU HAVE TO PUT ASIDE TO
LOOK AT FACTS.
AND EVIDENCE, VERY COLDLY.
JOURNALISTS KIND OF DO THAT FOR
A LIVING BUT THE AVERAGE CITIZEN
DOES NOT.
WHAT WOULD YOU SAY TO THOSE,
THAT JURY POOL ABOUT THAT
EXPERIENCE?
>> I DON’T THINK WE ASK YOU TO
STOP BEING HUMAN.
WE DON’T.
MANY, MANY TIMES IN MY
EXPERIENCE PICKING JURIES, HAVE
I HAD JURIES CRY, AND HAVE I HAD
JURORS WHEN THEY DO THAT, DIG
DEEP, CAN THEY SIT, SOME PEOPLE
CRY BECAUSE THEY REALIZE THEY
CAN.
SOME PEOPLE CRY BECAUSE THEY
REALIZE THEY CAN’T.
AND DURING THE TESTIMONY
SOMETIMES JURORS COUNTRY.
SOMETIMES JURORS CRY FOR EITHER
SIDE.
>> AND WHAT DOES THAT DO LEGALLY
FOR A DEFENSE ATTORNEY TO SEE A
JUROR CRYING, LEGALLY WHAT MIGHT
HAPPEN THERE, IS THAT CAUSE
FOR.
>> THEY MIGHT BE CRYING BECAUSE
THEY FEEL SORRY FOR THE
DEFENDANT.
IT’S NOT ALWAYS THEY CRY BECAUSE
THEY’RE GOING TO IMPOSE THE
DEATH PENALTY.
PEOPLE ARE EMOTIONAL.
THIS IS EMOTIONAL AND BY THE
WAY, ALL DEATH PENALTY CASES
TAKE LONG TO TRY.
YOU JUST-- DID IS A FALLACY IF
YOU THINK IT’S DONE IN TWO
WEEKS.
I PICK JURIES FOR WEEKS AND
WEEKS AND WEEKS AT A TIME IN
MANY DEATH PENALTY CASES THAT
HAD A LOT LESS MEDIA THAN THIS
ONE.
SO I THINK THAT IT IS VERY, VERY
IMPORTANT THAT WE REALIZE HOW
SERIOUS THIS PROCESS, THIS
PARTICULAR PROCESS, JURY
SELECTION IS.
EVERYBODY SHOULD LOOK TO SIT.
>> YEAH, UNDERSTOOD.
HE GALE, I CAN’T THINK OF
ANOTHER HIGH PROCEDURE FILE
TRIAL IN SOUTH FLORIDA, YOU KNOW
N PO YEARS THAN THIS ONE.
IN A COMMUNITY WHICH I MEAN WHO
DIDN’T KNOW ABOUT 17 STUDENTS,
ADULTS BEING SHOT TO DEATHS, 17
OTHERS BEING WOUNDED, AND AN
ENTIRE COMMUNITY SUFFERING
PSYCHOLOGICAL DAMAGE.
HOW DO YOU FIND SOMEBODY WHO CAN
SAY WELL, YEAH, I HEARD ABOUT
IT, BUT I CAN STILL BE FAIR.
CAN YOU DO THAT?
>> SURE.
I THINK THAT PEOPLE HAVE TO
UNDERSTAND THAT WE’VE ALL HEARD
ABOUT IT.
AND YOU ALL HAVE REPORTED ON IT.
BUT THEY’RE NOT GOING TO BE
SPENDING FOUR MONTHS PUTTING ON
EVIDENCE THAT YOU ALREADY HEARD.
EVERYBODY IS GOING TO BE
PRESENTING EVIDENCE THAT NO ONE
HAS HEARD.
THEY’RE GOING TO PRESENT
EVIDENCE ABOUT THE CRIME.
THEY’RE GOING TO SHOW YOU THE
CRIME.
THE DEFENSE IS ABOUT GOING TO
EXPLAIN TO YOU ABOUT HIS
PARTICULAR BEING.
THEY ARE GOING TO DO SO MUCH
MORE STRKS IMPOSSIBLE TO ME TO
SAY THAT YOU ALREADY HAVE AN
OPINION WHEN BASICALLY YOU HAVE
HEARD NOTHING.
SO UNLESS YOU ARE MORALLY OR
SHOW OPPOSED TO THE DEATH
PENALTY IN AN APPROPRIATE CASE,
YOU SHOULD BE WILLING TO LISTEN
TO WHAT WE SAY ARE THE
AGGRAVATING FACTORS, THOSE
FACTORS THAT WEIGH OR THE PEN
AMOUNT OF DEATH AGAINST THE
MITIGATING FACTORS THAT WEIGH
FOR A SENTENCE OF LIFE.
THAT IS WHAT YOU ARE SUPPOSED TO
DO.
OPEN MINDED AND THINK AND
LISTEN.
LOTS OF EVIDENCE YOU HAVE NEVER
HEARD.
>> I WAS GOING TO SAY, THE
JURORS AND THE COMMUNITY AT
LARGE, EVEN THOUGH WE’RE GOING
TO SEE NEW THINGS, WHAT WE ARE
GOING TO SEE IN LARGE PART IS
GOING TO BE GRISLY, HORRIFYING,
TERRIBLE, THE WOUNDS OF THIS
AUTOMATIC SEMIAUTOMATIC RIFLE,
WHICH PIERCED THE BODIES OF YOU
KNOW, 34 PEOPLE, I MEAN THIS IS
JUST DEADLY STUFF.
>> WELL, IT IS HOW YOU PROVE
THAT THE DEATH PENALTY MAY BE
APPROPRIATE IN THIS CASE.
WE CALL THAT HEINOUS, ATROCIOUS
AND CRUEL.
AND YOU HAVE TO PROVE THAT
AGGRAVATING FACTOR BEYOND A
REASONABLE DOUBT.
AND THE WAY WE DO THAT IN ALL
DEATH PENALTY CASES WHERE THAT
IS AN AGGRAVATING FACTOR IS THAT
WE SHOW THE SUFFERING, THE HUMAN
SUFFERING, EACH INDIVIDUAL
VICTIM HAD TO ENDURE.
>> GALE, IN THE 30 SECONDS OR SO
WE HAVE LEFT, YOU HAVE NOTHING
TO DO FIRST HAND WITH THIS.
YOU HAVE SORT OF AN OBJECTIVE
OVERVIEW OF THIS CASE.
WHAT DO YOU THINK WOULD BE THE
PERFECT JUROR FOR THIS CASE?
>> I WOULD LOOK FOR SOMEBODY
THAT’S WILLING TO LISTEN.
I WOULD LOOK FOR SOMEBODY THAT’S
WILLING TO THINK, AND MOST
IMPORTANTLY TO FOLLOW THE LAW
AND NOT NECESSARILY THEIR HEART.
THE LAW IS WHAT COUNTS IN THESE
CASES.
>> WELL SAID.
WE APPRECIATE YOUR VAST
EXPERIENCE AND UNDERSTANDING OF
THIS CASE.