Done for the day

Judge Ric Howard told remaining potential jurors to be back at 8:30 Wednesday morning, and in the meantime, of course, to shun any and all news in the papers and on TV, radio and the Internet. Couey has left the courtroom. Looks like opening statements will come Thursday morning.

-- Michael Kruse

Down the stretch ...

The numbers now: Seven potential jurors were released in the latest strikes, which leaves 11 in the box. There are 21 still to be questioned -- and from those 21, five more are necessary to get the 12 jurors and the likely four alternates. Sources in court say the defense is out of strikes. So ... a jury picked by midday tomorrow ... opening statements first thing Thursday? Maybe.

-- Michael Kruse

Instability, environment, desperation?

More reasons for crime, according to potential jurors, responding to questions from prosecutor Pete Magrino here mid-afternoon in Miami:

"Abuse as a child."

"Some people do it just to do it."

"Psychological."

"Emotionally unstable."

"Definitely environment."

"Lack of education."

"I think desperation."

"Self defense."

"You could do it for money."

-- Michael Kruse

The numbers game

The latest tally here in Miami, thanks to Times staff writer John Frank's phenomenally detailed, meticulously kept spreadsheet: Attorneys dismissed nine more potential jurors after coming back to court from the lunch break -- in bench conferences that were still private, by the way. That leaves 39 potential jurors from the pool of 71 that made it to this second round of jury selection. This trial, of course, being a death penalty case, needs 12 jurors, and there likely will be four alternates, too.

Opening statements, obviously, can't happen before a jury is seated.

"I'd be surprised if we get one today," prosecutor Ric Ridgway said after lunch. "Pleasantly -- but surprised."

-- Michael Kruse

'Well, you're wrong'

Here, in video from the Ocala Star-Banner, is Judge Ric Howard's testy response to Monday's media request to make public the contents of the bench conversations about the reasons for the dismissals of certain potential jurors.

Time to look around ...

Jury selection: Long? Yes. Necessary? Absolutely. Boring? That, too -- most definitely. In the meantime, though, plenty of time to look around and make notes: Judge Ric Howard, black-stone ring on his right hand, cracking his knuckles, yikes, that microphone sure picks stuff up, Couey and his little hands and that pencil of his, erasing, head down, six art-deco type lights hanging from the ceiling above Howard's head, a Florida flag, an American flag, high wood walls, bright fluorescent lights, "WE WHO LABOR HERE SEEK ONLY TRUTH." About to be back from lunch here.

-- Michael Kruse

Where does crime come from?

Prosecutor Pete Magrino's late-morning line of questioning offered a brief snapshot referendum on the sources of crime. Why, he asked the latest batch of potential jurors in the box, do people commit crime?

"People are on drugs," one man said. "Hanging around the wrong crowd."

"Depression," one woman said. "Social anxiety."

"Peer pressure," another man said. "Drugs. Alcohol."

Typical stuff. Then Magrino got to a woman who moved to South Florida from New Delhi, India, belongs to a senior center quilting group, likes travel, crafts and photography, and has two sons who were in the military and a daughter who was sexually abused by her ex-husband some 30 years ago.

Her answers to the question?

"A lack of feeling good about themselves."

"Not being nurtured as children."

-- Michael Kruse

Secret dismissals continue

Circuit Judge Ric Howard dismissed five more jurors this morning without giving the public a reason.

He called jurors and attorneys to the bench for private conversations. Afterward, jurors who are excused get escorted by security officers out of the courtroom.

It continues to be a questionable and troublesome practice that has become more frequent in recent days. About 20 potential jurors in the last two days were let go without the judge giving a legal cause.

Prosecutors and defense attorneys also refused to give a reason.

The media, as representatives of the public, objected to the practice Monday. But the judge yelled at an attorney for the Ocala Star-Banner to "sit down," telling her at one point "well, you are wrong."

Howard said yesterday that he is not "having secret court." He noted that the bench conferences are put on the record in the official transcript.

He insinuated that anyone who wants to know what's happening could read it. But its not that easy.

Earlier in the trial, Howard balked at the high cost of ordering a daily transcript for the court file, so none are being produced.

The Miami-Dade court reporter said an expedited transcript (available the next day) costs $8 a page. A typical day can produce well over 200 pages.

The significant cost means the public is in the dark as to what's happening during jury selection.

Murder? Why?

The question from Fanter: "What do you think might be a mitigating factor in a first-degree murder case?" In other words: What, potentially, would be enough to convince somebody to choose to impose a life sentence instead of a death sentence if Couey is found guilty at the end of this lengthy process down here in Miami.

Some of the answers from the folks in the jury box:

"Maybe the person was under some type of outside influence."

"You mean if someone's got mental illness?"

"Substance abuse."

Said Fanter: "These are hard questions."

Not for everybody apparently.

Some other answers:

"No."

"If it was done, it was done."

-- Michael Kruse

Church? Not so much

Fanter asked everybody in the jury box if they went to church. The responses, in order, from this particular group of potential jurors: No. No. No. Yes. No. No. No. No. Yes. No. No. No. No. Not as much as I used to. No. No. No.

-- Michael Kruse