Guest Voz - Immigration Clearinghouse: Brisenia Flores' Murderer's Trial begins with questionnaire for prospective jurorsThe circus that will be the trial for accused Minuteman child killer Shawna Forde began this morning, barely noticed by the media, as 225 prospective jurors showed up at the Pima County Courthouse in Tucson Arizona.
The prospective jurors were given an 18 page questionnaire to fill out for the attorneys. Those who aren’t immediately dismissed, based on their answers, will return to court on January 11 to answer further questions face to face.
According to Kim Smith of the Arizona Daily Star:
Among other things, the jurors were asked if they know the facts of the case, would they be able to ignore media reports when making a decision and how they would describe their political views. They were also asked if they have any opinions regarding private organizations monitoring or defending the border, if they’ve heard of Forde’s group Minutemen American De
fense (MAD) and if they have any strong opinions on illegal immigration. How people answer the questions will be key as prosecutors contend Forde thought Flores was a drug dealer and recruited a group to raid his house for drugs, cash and guns to help MAD. Jurors were also asked their views on the death penalty since prosecutors will seek to have Forde executed if she’s convicted.MOTIONS DENIED OR DELAYED
On Tuesday, presiding Judge John Leonardo denied a defense motion for a postponement in the case. The attorneys on both sides of the case also argued motions based on the assumption that Forde will be convicted.
Again, according to Kim Smith of the Arizona Daily Star:
When someone is convicted of murder in a capital case, attorneys present what are called aggravating and mitigating factors. The aggravating factors, as one might guess, are those things that might make someone more inclined to vote for the death penalty. Mitigating factors are those that might cast the defendant in a more favorable light — dysfunctional childhood, low IQ, substance abuse issues, etc.
Late last month, defense attorneys told prosecutors they want jurors to hear that Forde was sexually abused as a child, raped in December 2008 and shot in January 2009 and all of these things led her to suffer from PTSD. Prosecutors responded by saying they want jurors to know there is no evidence of any of that. Forde is the main source for the childhood abuse and police closed the rape and shooting cases, saying there was insufficient evidence.
The basis for the motion for the continuance by the defense was to give them more time to investigate Forde's involvement in the shooting of her ex-husband in Everett and the subsequent false rape and shooting charges she made to get police to back away from her as a “person of interest” in her husbands shooting. It is alleged that Forde was also involved in a couple of crimes in California after the home invasion murders in Arivaca. Our sources tell us a detective from northern California who investigated these crimes may be called to testify.
Also on Tuesday, Gina Gonzalez, who miraculously survived the ordeal and was involved in a shootout with gunman Jason Bush, briefly testified in court for the first time. Gonzalez testified Tuesday she recognized Forde for several reasons. It was the first time she’d seen her in person since the incident, she wasn’t wearing makeup (the women in the photo lineup were wearing makeup), she had the same smile and her hair was styled the same way.
As for the smile, Gonzalez said that after the shootings, the home invaders ransacked her house and then left. However, when she was on the phone with 911, she looked up and saw the woman standing on the threshold, smiling. “She saw me standing there and her face dropped and she said ‘Oh, SHIT!,” Gonzalez said.
The woman went back outside and a few seconds later Gonzalez said she and the tall man exchanged shots. (Prosecutors think the tall guy was Jason Bush.) Gonzalez never came out and said “Shawna Forde was the woman home invader.” She did say: “I can say she looked exactly like the person who was in the house that day” and “I can’t say Shawna Forde was there because I don’t know Shawna Forde.”
Judge Leonardo will rule on what can and cannot be admitted into evidence in the coming weeks. It appears the defense strategy is to try and get all incriminating evidence against Forde thrown out and show her to be a “patriotic” but “misunderstood” individual who was dealt a raw deal in life, although no evidence exists of that other than Fordes own words.
When someone is convicted of murder in a capital case, attorneys present what are called aggravating and mitigating factors. The aggravating factors, as one might guess, are those things that might make someone more inclined to vote for the death penalty. Mitigating factors are those that might cast the defendant in a more favorable light — dysfunctional childhood, low IQ, substance abuse issues, etc.
Late last month, defense attorneys told prosecutors they want jurors to hear that Forde was sexually abused as a child, raped in December 2008 and shot in January 2009 and all of these things led her to suffer from PTSD. Prosecutors responded by saying they want jurors to know there is no evidence of any of that. Forde is the main source for the childhood abuse and police closed the rape and shooting cases, saying there was insufficient evidence.
The basis for the motion for the continuance by the defense was to give them more time to investigate Forde's involvement in the shooting of her ex-husband in Everett and the subsequent false rape and shooting charges she made to get police to back away from her as a “person of interest” in her husbands shooting. It is alleged that Forde was also involved in a couple of crimes in California after the home invasion murders in Arivaca. Our sources tell us a detective from northern California who investigated these crimes may be called to testify.
Also on Tuesday, Gina Gonzalez, who miraculously survived the ordeal and was involved in a shootout with gunman Jason Bush, briefly testified in court for the first time. Gonzalez testified Tuesday she recognized Forde for several reasons. It was the first time she’d seen her in person since the incident, she wasn’t wearing makeup (the women in the photo lineup were wearing makeup), she had the same smile and her hair was styled the same way.
As for the smile, Gonzalez said that after the shootings, the home invaders ransacked her house and then left. However, when she was on the phone with 911, she looked up and saw the woman standing on the threshold, smiling. “She saw me standing there and her face dropped and she said ‘Oh, SHIT!,” Gonzalez said.
The woman went back outside and a few seconds later Gonzalez said she and the tall man exchanged shots. (Prosecutors think the tall guy was Jason Bush.) Gonzalez never came out and said “Shawna Forde was the woman home invader.” She did say: “I can say she looked exactly like the person who was in the house that day” and “I can’t say Shawna Forde was there because I don’t know Shawna Forde.”
Judge Leonardo will rule on what can and cannot be admitted into evidence in the coming weeks. It appears the defense strategy is to try and get all incriminating evidence against Forde thrown out and show her to be a “patriotic” but “misunderstood” individual who was dealt a raw deal in life, although no evidence exists of that other than Fordes own words.
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2 comments:
Thanks Dee,
Excellent Information. I also find that the FBI was forewarned of this Home Invasion, but did nothing.
This has been published by the Arizona Daily Star and Kim Smith.
Vicente
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