What led judge to dismiss Juror No. 4 in Michael Dunn retrial

Transcript of sidebar conversation includes testimony from juror, reporter

Circuit Judge Russell Healey stands while jurors enter his courtroomfor the first day of the Michael Dunn trial.

JACKSONVILLE, Fla. – Saturday morning's public session of the Michael Dunn retrial was delayed for over an hour after Assistant State Attorney John Guy asked for a sidebar conference to discuss "a very derogatory comment about (State Attorney Angela) Corey" attributed to a juror in an online article published by Folio Weekly on Friday.

On Monday morning, Local 6 sister station WJXT-TV obtained a transcript of the courtroom conversation that led to the dismissal of juror No. 4. 

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DOCUMENT: Transcript of Saturday's sidebar conference

The article by A.G. Gancarski quoted Richard David Smith III, a former Folio freelance writer who was Juror No. 30 in the 140-person pool of prospective jurors. Smith was not picked for the jury, but quoted a juror who was picked, in private conversations, questioning State Attorney Angela Corey's competence during jury selection. 

"A 400-pound white school teacher who was sitting by me really hated [Corey's] humor," Smith was quoted in the Folio article. "(The juror) made the joke that, ‘'She would have a hard time proving to a court that I am fat; There would still be reasonable doubt.'"

Smith and the author of the Folio article were escorted to court on Saturday morning by a Jacksonville police officer and asked about his interview with Smith, who was previously identified as Juror No. 30.

Gancarski told the court his interview with Smith, who he had known for a long time, was via Facebook Messenger.

"I asked him about if he was at liberty to talk about the case and he said that he was," Gancarski said. "Once he was released, he was able to say whatever he wanted to about it."

Smith was called and questioned about the juror to which he was referring and whether the comments he made about Corey were in private.

"He said it pretty much to everybody around him," Smith told the court.

Juror No. 4 was also called to the stand and questioned about quotes Smith attributed to him.

"I don't remember saying that," Juror No. 4 said, but added, "I didn't like the humor in court. That part is true. ... I thought that unprofessional, given the seriousness of this trial and the stakes for Mr. Dunn and for the defendant's or the victim's family.

Juror No. 4 said he sat next to Smith for the better part of three days.

"I've formed no opinion one way or another because I haven't heard all the evidence," he told Judge Russell Healey.

Before he left, Healey warned Juror No. 4 not to reveal he was on the jury or reveal any of the names of the other jurors. No. 4 apologized to Corey.

As he left the courtroom, Juror No. 4 said, "Good luck, Mr. Dunn."

After Juror No. 4 left the room, Guy moved to strike him from the jury, saying, "His feelings that he attributed to Miss Corey were not positive, that 'She was joking about it,' I think his words were."

Defense attorney Kevin Carlisle argued against the motion to dismiss, saying even if the juror admitted to saying the things Smith attributed to him, the court would have to find that he committed some form of misconduct, that the juror violated an order of instruction by the court, and no such misconduct took place. 

Healey found that while Juror No. 4 did not commit any misconduct, "He did disclose his seeming animosity for Miss Corey, his belief in her lack of ability," and excused him over defense objections.

Dunn, 47, is charged with first-degree murder in the shooting of 17-year-old Jordan Davis. Dunn was convicted of three counts of attempted second-degree murder and firing into an occupied vehicle in February and already faces at least 60 years in prison. That jury deadlocked on the first-degree murder count.


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