Jeffrey Scott Trial Blog - Day 2 - WMC Action News 5 - Memphis, Tennessee

Blog by Nick Kenney

Jeffrey Scott Trial Blog - Day 2

5:20PM - Everyone in the gallery has filed out of the courtroom. Defense team and Jeffrey Scott have left the courtroom. Prosecutors not far behind. Long day over. More long days ahead. See you at 9 am.

5:15PM - The judge is putting this case on recess to allow the jury a chance to check into the hotel and go out to dinner. They will be sequestered and will be back first thing in the morning. Judge Lammey says it has been a long days work, but he typically goes deeper into the night when he has a sequestered jury. Jury out of the courtroom now. Court recessed until 9 am tomorrow.

5:12PM - Both sides are done with the paramedic. he steps down. Conference at the bench.

5:10PM - Ballin asks Garmon if he saw Ashley Scott get her injuries? No.

Are there boxes that describe injuries to the legs? Yes. Bruising on the upper thigh. Did you observe any injuries on the knee? No. Lower leg? No injuries marked. he didn't see any. Ankle or foot? No injuries marked. Didn't observe any. Defense passes witness.

State: What is your point of going on a call like this? Save lives Garmon says.

Garmon says he would not have to look at lower part of body to try to save Ashley Scott's life. Cook now addressing issues regarding Garmon's report and the difference between the two documents. One is the original. One is a carbon copy. On questioning from Cook, Garmon says it's not really his job to document every injury if it does not pertain to saving someone's life. State passes witness to defense.

Ballin asks why even fill out report if it's not filled in entirely and properly. Balllin wondering why some bruising was documented while other bruising was not. He's asking why he saw some bruising but didn't see other bruising.

Garmon acknowledges that racoon eyes are not necessarily the result of a hit to the eyes but can happen as a result to trauma to another part of the head.

5:00PM - Defense continues questioning. Garmon holding two documents. One filled out more completely than the other. Garmon filled out both. Ballin wants to know why. The second document is supposed to be a carbon copy of the first. Garmon says sometimes the ink doesn't go all the way through.

Ballin asks what Garmon marked on the original about injuries to the head. Garmon says bruising. Face? Bruising. Eyes? Bruising. Chest? No mark. Ballin asks why he testified today about bruising on the chest when he didn't mark it on the original report. Arms? no mark. Forearms? No mark. Wrists? No mark. Hands? no mark. Fingers? Legs? Bruising.

Ballin moves on to page two of the report. The narrative. Ballin asks if he wrote ont he back that there was bruising on the chest. Garmon says he doesn't remember he'd have to look. Ballin asks him to look at the second page of the report and asks him if he sees any reference to injuries observed on the chest. Garmons says he sees no mention of injuries to the chest. He explains. Could've been I just missed it. Says he has everything else.

Ballin asks where he indicated if his report indicates any injuries to the mouth? No

Ballin asks if he saw any injuries to the mouth? No.

4:50 - Another photograph. Garmon recognizes the picture. He says it is a photograph behind Ashley Scott's ear. He says it shows battle signs which means head trauma. Another photograph. State publishes both on the overhead. First shows heavy bruising around right ear. Second shows the same thing on the left side. State passes the witness.

Leslie Ballin up.

Garmon acknowledges not everything is as it seems. He acknowledges that others have more knowledge in definitively identifying where  a bruise comes from.. Scientists. Forensic pathologists, etc. He acknowledges he is not the expert. He says paramedics just assess. He says they properly intubated and that the lip laceration could not have resulted from intubation. Garmon says he filled out a report on the call to the Scott house. Ballin says the reports are necessary to because it's hard to recollect from two years ago. Garmon acknowledges. On the report there are two places to record injuries that the paramedic sees on a patient. Some boxes toc heck and a narrative to explain further if need be. Ballin hands Garmon a copy of the report from the Scott call.

Upon a line of questioning from the defense, Garmon says he checked the box for bruising in the area dedicated to head injuries.

Another conference at the bench

4:35 - Sidebar over. Garmon continues to analyze photo. He indicates that the electric shock front eh defibrillator leaves impressions on a body. he says this photograph shows three distinct defibrillator marks on the body. State publishes the photographs on the overhead projector again. Garmon points out the debrillator marks. Cook points out there might be a fourth defibrillator mark. On to the intubation. Garmon says he's intubated a lot of people in his career. She hands him another morgue photograph. He analyzes contusions to Ashley Scott's lip. He says these injuries are not a result of intubation. Defense asks to approach.

4:28 - Prosecutor Karen Cook gives Garmon another photograph. State publishes it on the overhead. It's a close-up of the largest bruise just above the right hip on the backside. Another photograph. Garmon recognizes it. More trauma to the hip. Blunt trauma. Are there other injuries, Cook asks, other than the blunt trauma. Defense asks to approach before there's a clear answer.

4:23 - As the bench conference continues, Jeffrey Scott keeps his head half bowed, his left hand on his forehead. From an uneducated observer perspective, he appears uncomfortable with the testimony and photographs.. 

4:20 - Jury back.  Gary Garmon back on the stand. State returns the graphic photo pf Ashley Scott to the overhead projector. The picture obviously makes the courtroom uncomfortable. Garmon analyzes injuries depicted in the photograph. He describes the bruises around both eyes as raccoon eyes. He says they looked like that while he administered aid. The right eye is more bruised than the left, he says. Pictured removed from projector.

Paramedics received call at 3:13 pm. Garmon says she was bruised all over the body. Re-iterates the shoe print bruise on her back. he says it appears to be a show. State shows him another photograph. He says it's a picture of her back and buttocks. He says the photo shoes blunt trauma on the back of her hip and thigh. he says these are the shoe-print injuries. He says lidivity set in between when he saw her and the morgue photograph. Lidivity refers to the way the blood pools apparently. The state publishes the photograph on the overhead projector for the jury. he says there is a shoe print right above the backside of her right hip. he's points out several other bruises. he says the bruising he pointed out is not part of the lidivity. Garmons explains why he believes the bruise is from a shoe. Defense objects. Sidebar. 

4:00PM - Sidebar over. Court officially in recess.

3:47 - Sidebar discussion results in Judge Lammey calling a short break. Jury now out of the room. Attorneys still at the bench.

3:45 - State calls Gary Garmon. Memphis Fire department. Firefighter paramedic. 13 years. Military service in the past. Army medic. 24 years. served overseas in Iraq in 05 and 06. Came across many injuries in Iraq. Explosions, bullet wounds, war injuries. Licensed by the state of Tennessee with a paramedic license. Assigned to unit 18 in fall of 06. Ambulance unit. Working as paramedic when he made a call to 590 Wesley Woods on Thanksgiving Day 2006. One fire unit already on scene. Garmon and crew entered through front door. Shown to where the patient was in the house. Either husband or doctor pointed the direction of where Ashley Scott was. The patient was located ont eh right side of the bed. She was on the floor. head pointed toward headboard. First observation...blunt trauma to face, head, back... She was clothed in t-shirt, jeans. Paramedics immediately responded in matter of seconds when they started working on her. She was not breathing. No pulse. No blood pressure. full arrest. Pupil dilated meant head trauma. Nose and mouth had brownish vomit which indicates blood which usually indicates head trauma. Started doing advanced life saving procedures. CPR, electric shock paddles to heart. Paramedics administered a round of drugs in hopes of generating a pulse. they were not successful. Continued CPR. Intubated her. Tubes down her throat to try to send air to her lungs. Garmon testifies that paramedics tried everything they possibly could and then transported her to the hospital. The first thing Garmon saw about Ashley was raccoon eyes and bruising to her face. Battle signs. Bring to behind the ears which indicates head trauma. State gives Garmon the morgue picture of Ashley Scott. He recognizes the person in that photograph as the same person paramedics worked on that day. Garmon says she had bruing to her chest to her upper thigh. He says everything looked like blunt trauma, especially on her back where he says she had what looked like a shoe print.

3:35 - State calls Memphis Police Officer Sloan Lidell. 10 year veteran. November 23, 2006. called to Wesley Woods Drive. It was a 911 call. Responded. First officer on scene. Fire department right behind him. He went to the front door,. Entered. Female on the floor in front bedroom. Male over her doing CPR. Went to door, shouted at fire department to hurry up need help. Officer says he got somewhat of a look at the woman. She looked as though she'd been beaten in the head. Says he saw Jeffrey Scott in the house. Identifies him in court. Spoke with Jeffrey Scott to get basic information from him. His partner began to talk to Scott to try to figure out what was going on. Lidell also trying to pay attention to paramedics. Scott told him he got into an argument with his wife and it turned into physical altercation. Lidell's partner did most of the talking to Scott. Lidell says Scott was mostly quiet around him. Lidell says he detained Scott in his police car after they realized the injuries were serious. Called supervisor, guarded door. paramedics still working inside. State passes him photograph of a house. He identifies it as the Scott's residence to which he was called that day. State passes him another photograph. He identifies it as the Scott's garage as it appeared when he was called to the scene. State passes witness. Pictures published and shown to the jury. The garage door is open. there's what appears to be a Volkswagen bug and a jeep wrangler in the garage.

Blake Ballin cross examination. brings up that Scott told him the basis of the original argument was a text message. Defense done with witness.

3:25PM - Question ignored. State stops questioning. Cross examination. No cross.

3:12PM - Emergency crews heard arriving in the background. phone call ends. tape stopped. State asks Hagood if anything seemed unusual about that call. Defense objects. Sidebar.

Question ignored.

State asks what Hagood did as a result of that call. She went to her supervisor and told the supervisor she thought their might be a homicide. She says it's her duty to do so if she believes something is wrong.

State brings up a written record of a call.

defense asks to approach.

3:10PM - Sidebar concerned typographical error in transcript that'll be shown along with the tape. Jury told to ignore it. Tape continues. Caller tells ambulance dispatcher his wife his unconscious but breathing. She's unconscious but bleeding from her nose. Dispatcher asks him what happened he says he's not sure. Re-iterates that she's unconscious. Has been since 10 or 11 o'clock this morning. the call is at 2:12 pm in the afternoon. Dispatcher gives fire department address. Tells caller ambulance is on the way. She stays on the line with caller. Caller asks him to put pillows underneath her. Dispatcher asks if she's breathing. Yes. She's still unconscious. Dispatcher asked him his name. Caller says "Jeffrey Scott" He answers tells dispatcher she hasn't awoken since 10 or 11 o'clock in the morning. Scott says she's not on any medication. Refers to doctor in he background who says ambulance needs to be there right now. Dispatcher asks to talk to doctor...Jeffrey Scott still on the phone. Doctor in background heard sayin she's dead. Dispatcher asks what he just said, did he say she's dead. Jeffrey Scott says yes that's what he said. Dispatcher says but you just said she was breathing. Scott says she was just breathing.

3:00PM - State calls Paula Hagood. Memphis police radio dispatcher. November 23, 2006. Hagood took the call from 590 Wesley Woods Way. Caller identified as Jeffrey Scott. Call was recorded. Entire call beginning to end. 911 center preserves those tapes. State shows Hagood a tape. Recognized as the tape of the Scott call. She's listened to the recording, initialed it with date and time.  State attorney questioning now is Steve Crossnoe.

State playing tape now:

Caller asks for ambulance...tape stopped... defense asks to approach bench.

2:52PM - Jury reviewing pictures of Ashley Scott. One regular from when she was alive. The other is the morgue photo. McGee released.

2:50PM - State asks McGee to clarify how Scott seemed that day. McGee says he feels Jeffrey was calm on the phone but seemed "in shock" that night. 30-45 minutes from first phone call to the time he got to the house. McGee says he didn't notice any injuries to Jeffrey. Passes witness. Ballin. McGee noticed calmness in Scott's voice but also concern. Scott says he thought Jeffrey Scott was concerned about Ashley. Re-direct. Branham. McGee acknowledges he was not expecting what he found at the Scott's house that night.

2:47PM - Sidebar over. Ballin continues. McGee explains that he was very nervous when he first saw Ashley. Acknowledges the body goes through changes post mortem. McGee says he cannot testify for a fact that the injury o her mouth in the morgue photo was there when he saw her in the Scott's house. McGee says he does have an exact re-collection of every mark on her face when he saw her in the house. McGee says the morgue photo previously shown to the jury is a fairly accurate portrayal of what Ashley Scott looked like when he first saw her in the house. McGee says he did not examine Ashley Scott for a long time when he first walked into the house because his mindset changed to getting her help. Has no firsthand knowledge on how she was injured. Acknowledges he did not mention the injuries to her mouth to police back when he was first interviewed. McGee says Scott was acting a "little different" that day. Can't recall if he ever described Jeffrey as seeming "confused" that night. McGee acknowledges Jeffrey was probably acting as if very much in shock. McGee told him to call 911. Scott complied. Defense passes witness.

2:40PM - Sidebar over. Ballin asking about the first time McGee was interviewed by police. Police asked him to describe what he saw in Ashley's injuries. he says he was being accurate and complete with his answer. Described what she had one. Jeans, red shirt, bra, no socks, no shoes. Pale and bluish. Said that she was bruised. McGee concedes his recollection was probably better then than now. Then, Ballin brings up that McGee told police that Ashley Scott had vomit coming from her nose and mouth. A bruise on the right side of her forehead and her right eye had bruising around it. The picture today had bruises on both eyes. McGee acknowledges that he didn't tell the police about the bruise on the left eye. Ballin has McGee read off a portion his original statement to investigators. At the time he told police he saw Ashley Scott hands and feet were blue. She had vomit coming from her mouth and nose, primarily from her nose. State objects to line of questioning arguing there is no difference between what McGee told police at the time and what he just told the court. Sidebar.

2:32PM - Prosecution passes witness. Leslie Ballin up. Asking McGee about whether it's different treating a stranger than it is someone you know. McGee acknowledges that he knew he was being called for help. McGee acknowledges that Jeffrey was asking for help. McGee says he believes he asked Jeffrey if they'd been drinking. Jeffrey told him yes, but did not volunteer that information without first being asked.

Ballin: "Did the police ask you to describe the injuries you found on Ashley?"

McGee: "I believe they did."

McGee says he was being truthful and was trying to be complete when giving information to the police.


2:27PM - McGee admits to being nervous at the time. Prosecutor Missy Branham hands McGee another picture of Ashley Scott. This picture is off Ashley in the condition he found her in. State put picture on the big screen projector. The picture is graphic. I hesitate to go into much detail. From an uneducated viewers perspective, she looks severely beaten. McGee asked Scott what happened. He told him they got into a fight. He told Scott to call 911. he waited around and did not leave. Was still there when police arrived. McGee says he did not know of any marital problems. Was a good friend of Jeffrey says Jeffrey was and is one of his best friends. The two did not hang around each other as much as they did in the past, but still saw each other frequently.

2:22PM - McGee dropped off his wife and kids and went to Scott's house. Scott pointed him to the bedroom and told him that she was in there. Ashley was lying on the floor next to the bed. Struggling through emotions now, McGee says Ashley was very bruised and beaten.

Sidebar at the bench

2:20PM - State calls first witness. Roger McGee. McGee sworn in. He is a general surgeon who works in Fayette County. known Jeffrey Scott all his life. Grew up with him. Friends for almost 20 years. Knew Ashley Scott through Jeffrey. Handed a picture of Ashley Scott. He identifies the person in the picture as Ashley Scott. November 23, 2006 McGee was a resident still in his resident training. He's asked to identify Jeffrey Scott in court. He does so. November 23, 2006. Thanksgiving Day. McGee was with his extended family when he received a call from Jeffrey Scott. he'd left lunch with extended family and was with wife and son in the car. he got a call from Jeffrey in mid-afternoon. Started with basic information "hey how you doing?" conversation. Then he says Jeffrey Scott asked him if he'd have time to check Ashley out because he had some concern about her. he says Jeffrey had an element of concern in his voice but not urgency. he describes it as a normal conversation. Jeffrey asked him to come over. And asked McGee to come over by himself. McGee agreed. McGee says his wife had concerns over the conversation. McGee decided to call Jeffrey back. He asked Jeffrey if they'd been drinking. he asked what's going on. Jeffrey told him to just come over. Conversation over. In the first phone call Jeffrey told him Ashley wasn't waking up right, wasn't acting right. When McGee asked for more information, Scott told him to just come over.

2:10PM - Jury back in court

2:08PM - Everyone back in court now. Apparently the hold up revolved around a joint conference call with a representative from Cingular who will testify. Apparently that person will be an expert who can decipher certain cell phone issues. A representative from he state and the defense team were involved in that conference call with the cell phone rep. The cell phone rep. will be here at 3 pm tomorrow.

2:00PM - And we wait. Court not yet back in session. Reasons unclear. But defense team not yet back in courtroom. Everyone else seems ready.

1:55PM - Prosecution back.

1:50PM - Jeffrey Scott now back inside the courtroom.

1:45 - Court not yet in session, but all the interested parties and family members are filtering into the courtroom. In addition to the metal detectors on the ground floor at 201 Poplar, there's also a metal detector directly outside Judge Lammey's courtroom. everyone must go through the metal detector before entering the courtroom. Apparently, the additional security results from Janice Broach's story last night on Action News 5 at 10.

12:27 - Lunch is here for the jury. The court will take a lunch break. The jury is out of the courtroom. Recess. Court will resume at 1:45.

12:25 - Defense attorney's opening statement. He wonders why prosecution left Ashley Scott's picture up. Takes it down. Asks them not to let that influence their decision in the end. When you hear proof about what happened on November 23, 2006, don't let Ashley Scott's beauty and popularity get in the way of their duty to render the proper decision. Ballin says they've been with this case for two years. And the jury needs to make it's decision after listening to all the witnesses and both sides. Justice, truth, and honesty.

12:18 - State's opening statement. Picture of Ashley Scott on the overhead projector in front of the jury. Prosecutor Missy Branham going through series of events on November 23, 2006. Jeffrey Scott's friend Dr. Roger McGee gets a phone call from Jeffery Scott to come over without his wife. McGee showed up and found Ashley barely alive, told Scott he needs to call 911. He did. paramedics showed up, the doctors and nurses tried to save her but couldn't. officers on the scene wanted to know what happened. They asked Jeffrey Scott and found out there was some sort of argument and he made Ashley sleep into the garage and then at some point moved her inside and then into the bed. State says he was very vague. They says it's a  tragic case in which a brilliant and beautiful young lady lost her life all because of Jeffrey Scott.

12:15 - The state is reading the indictment against Jeffrey Scott. The state says Scott unlawfully, intentionally, and with premeditation did kill Ashley Scott. The grand jury returned that indictment on October 23, 2007. Ballin says Jeffrey Scott pleads not guilty.

12:11 - The jury is back in the with pen and notepads handy. The jury has been sworn in. Stood, held up right hand, took an oath to do their best.

12:10 - Once again. I apologize for all the typos. I cannot type and I'm trying to keep up which only intensifies the problem. I cannot figure out the spell check program on the program I'm working. I'll try to get it figured out. And get things cleaned up.

12:07 - Judge grants defense's motion to allow O.C. Smith to sit in on testimony and be allowed to testify.

12:05 - State says they have not yet talked to O.C. Smith. he returned their phone call this morning. They're supposed to meet with him tomorrow morning. State claims that gives defense unfair advantage because they know where Smith is coming from and the prosecution doesn't.

12 noon - The court is discussing the state's motion to allow former Shelby County Medical Examiner O.C. Smith sit in on all testimony. The defense could call him as a witness, but they want permission for him to sit in the state's case. The defense says he would be an expert witness regarding autopsy and cause of death issues. Leslie Ballin says Smith needs to get a full picture of the crime scene investigation because that'll help him form opinions as a forensic pathologist. Ballin says the current medical examiner did not go to the scene. Smith used to. And Ballin says has plenty of expert knowledge of forensic pathology. Judge says he can see the logic in allowing Smith to stay in the courtroom, bit only for certain types of testimony from witnesses that the state put forth. No decision yet, though.

11:55 - Court is not yet back in session. Still preparing for trial. BUT both Ashley's family and Jeffrey's family are now in the courtroom ready to begin. The TV camera has moved into place. Only one is allowed inside the courtroom. The other TV crews are preparing to take in the camera feed in the hallway.

11:30 - Short recess starts now.

11:25 - The judge is instructing the now-picked jury not to talk to anyone about this case and not to listen to anyone else talk about this case. He's explaining to them that the only proof the should listen to is the testimony put on at the witness stand. He's asking them not to pay any attention to anything he's doing, including any work he might be doing at the bench. All the evidence comes through the witness stand. The law presumes that all witnesses are truthful. Lunch will be ordered in. The judge tells jury what the law says about reasonable doubt. He's not explaining the law, but merely reading the definition to them. It's a lot of legal speak. Short recess for jury to make any phone calls. Then the judge will swear them in. perhaps opening statements before lunch. We'll see. Jury out.

11:20 - 14 jurors. 12, plus two alternates. 8 women, 6 men. To those to whom this matters: 9 white. 4 black. 1 other. They will be sequestered. they ill be allowed to make a phone call to whomever they need to talk to make arrangements over the next week.

11:15 - Next challenge round. No challenges. The jury has been selected.

11:10 - Next challenge round. The prosecution asks to approach the bench. Sidebar. Judge dismisses two jurors.

11:08 - Defense and Prosecution now "exercising challenges." Judge dismisses 1 juror.

11:05 - Court now back in session. Jury back in the courtroom. Ballin says he has four questions left. Anyone in the military? A couple yes's. Anyone ever volunteered at  a battered women's shelter? Anyone belong to a church or a civic organization?

Now Ballin is talking about the idea of a unanimous verdict. He asking if anyone would have a problem sticking by their convictions if they were the odd man out when the jury was deliberating. No one seems to have a problem.

10:50 - Ballin now asking if anyone had any training in emergency services. Judge stops Ballin. The court is now in a short recess. A jury has not been selected. Jury selection is a tedious process. Jury out of the courtroom. Judge says he'd like to have a jury in place by lunch. Defense says it's working toward picking a jury. 5 minute recess.

10:45- Ballin says there's been a lot of media coverage, but that the media is one way street. That consumers cannot test what the media tells media. He asks them if everyone can put that behind them. No one says they can't.

Now Ballin is going to each potential juror in the box and asking them their education level. One woman has a long line of law enforcement in her family. Earlier she told the prosecution she could still be fair and impartial, that she would not give the testimony of a law enforcement officer any more weight than any other witness. Ballin is questioning her about that right now and requested a sidebar with her at the bench. After the sidebar, she's been dismissed.

Now Ballin wants to know if anyone's had any training in criminology.

10:40 - Ballin: Sometimes people act with a very definite intention to kill someone. Shoot someone in the face, you mean to kill. Stab someone repeatedly, you mean to kill someone. Poison them when they're defenseless, you meant to kill someone. But then, there's accident's too. Going back to an analogy Karen Cook had used, if you thought about running a red light then ran the red light you might have pre-meditated that action. But if you thought about running a red light and ran the red light but accidentally hit someone in the process and killed them...then you didn't premeditate killing them...even though you may have pre-meditated running the red light.

10:30 - Ballin:  There are different kinds of killings. Some aren't even against the law. For example, self-defense. Some are accidental. Some are intentional. The state doesn't have to prove the motive.

10:25 - State passes the jury pool. Blake Ballin now. Going back to something Karen Cook said earlier: "All we gotta do is show up and shut up. Well, we're pretty good at showing up. And I don't like to shut up." He says the jury does not have to decide whether Jeffrey Scott is guilty or innocent. They must decide is he guilty or not guilty. In other words, did the state prove that he's guilty. Not only is Scott on trial, but the state is on trial. Sometimes the law doesn't make a lot of sense. Sometimes they do. He's asking a potential juror to tell him what size shoe he wears. the juror says 11. Ballin says don't guess what size shoe I wear. Tell me what size shoe I wear. The juror says he doesn't know. Ballin asks him to prove he doesn't know. The man can't provide proof. He's gauging their understanding of the state's burden to prove guilt...and the presumption of innocence.

10:20 -  More slides..."If the design to kill was formed with premeditation, it is immaterial that the accused may have been in a state of passion or excitement when the design was carried into effect." Lots of legal talk here. State asks if anyone can explain any of this in normal people talk. My understanding: premeditation can be a matter of seconds.

10:15 - Now the state has a slide explaining first degree murder definition.

(1) defendant unlawfully killed alleged victim

(2) defendant acted intentionally, conscious objective, desire to cause death of alleged victim.

(3) killing was premeditated.

State does not have to offer a motive..or why their was a killing

"A premeditated act is one done after the exercise of reflection and judgement. Premeditation means the intent to kill must have been formed prior to the act itself."

"It is not necessary that the purpose to kill preexist in the mind of the accused for any definite period of time."

10:10 - Sorry about some of the typos. I'm not much of a type and I'm awful with computers. I'm going to try to figure out spell check on this program. Right now the state is asking potential jurors about if they drink alcohol and how much they drink and what they drink. Cook offers a short tale about too much Corona one day. Some do drink. Some don't drink. Apparently no one judges those who do.

10:05 - Karen Cook asking them if they believe everything they hear in the media. Apologized to media in courtroom, including those blogging. To paraphrase: No offense, she says, but you know you can't believe everything you hear in the media, that what you hear in and on the news is not always the complete story and not necessarily always accurate. None of the jurors say that the news coverage has given them a bias.

10:00 - State discussing "beyond a reasonable doubt" and "presumption of innocence"...Right now, Jeffrey Scott is not guilty. And is not guilty until state provides proof otherwise. Also, defense doesn't have to put on any proof. All they have to do is "show up and shut up" and the jury cannot hold that against them. One potential juror says she was confused by it yesterday says she's not anymore. She figured it out at 2:30 in the morning. Apologizes to Leslie Ballin for yesterday saying she misread him. he joked, "I just don't want you to tell my wife that I woke you at 2:30 in the morning." Court laughs.

9:55 - Mostly the same people back in the jury box. Two new fresh faces added to the twenty. The judge is asking them to tell the court about themselves. Neither would have any problems serving on the jury. The state is now addressing this group of 20 potential jurors. Karen Cook says she plans to through some things. One lady's a teacher. She says she's been a victim of come. She was robbed in her classroom in 2006. She gave chase, but didn't catch them. No one was ever caught. But two months later the pursue was returned. She was robbed in her home at gunpoint. Not hurt. State is asking whether any of her personal experiences would keep her from being fair and impartial. She says no. Another is the victim of identity theft. Twice. Once in 2004. Once last year. Messed up her credit report. She says it won't affect her ability to be fair and impartial. A guy says his wife had her purse stolen. His son had his car stolen. Another guy had his truck stolen. Finally, one potential juror says she's never been a victim. Another woman had her car stolen, purse inside, credit cards used. One woman has a close friend who's a police officer who was killed last year. Seems almost everyone's been touched by some kind of crime though they all say it won't affect their ability to be fair and impartial.

9:42 - Potential jurors now back in the courtroom. Judge says good morning. Adds "We're ready to work hard today?" A question but more of a preview, too.

9:35 - Juror issues to weed through. One juror has to fly out of town Wednesday to visit her terminally ill father. SHe was excused with no objection from either side. Another juror is feeling ill. Believes she has step throat. Does not want to spread it to anyone else. She's going to the doctor. She was excused without objection.

9:30 - Court now in session. One other note...about yesterday...after the jury was dismissed last night, the court held a quick conference regarding the defense's desire to potentially call former Shelby County Medical Examiner O.C. Smith as an expert witness. The defense says they intend to call him as an expert on everything from crime scene investigation to medical issues to forensics. The defense asked that he be allowed to sit in on all testimony. Prosecutors say they have not had a chance to talk to O.C. Smith. They argue that the defense must declare more succinctly what O.C. Smith is an expert in. they also take issue with him being allowed to sit in all testimony, arguing he should be treated just like any other witness and wait outside the courtroom until called to testify. No decisions made. Likely more jury-out hearing before any decision is made.

9:15am - Jury was asked to be back by 9 am. Some are sitting in the hall. Some appear to either be hoping they don't get picked or have lined up to have someone drop off some luggage if they do get picked. Remember, this jury will be sequestered. Court hasn't started yet. They're running late. The reason: there's an accident on I-240 near Millbranch apparently. People are running late and they're giving them a chance to get here.

In the meantime, most court personnel are in the courtroom including the prosecution and defense.

Some discussion here about the interview Janice Broach did last night with Ashley's father. It was emotional and interesting. Apparently the folks here were watching.

8:30AM - Jury selection will continue this morning.  Standby for updates from the courtroom...

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