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Opening Statements Set To Begin In Hernandez Trial

POSTED: Thursday, September 11, 2008
UPDATED: 6:59 am EDT September 11, 2008

A jury has been selected in Orange County, paving the way for opening statements Thursday in the trial of teen murder defendant Michael Hernandez.

Six men, six women and three alternate jurors will hear the case at the Orange County Courthouse, where the case was moved after extensive pre-trial publicity in South Florida.

During the 3-day jury selection process, the jury pool learned Hernandez killed Jaime Gough in the bathroom of Southwood Middle in February 2004 when both boys were 14 years old. They learned Michael’s defense will likely be that he was insane at the time.

The jurors also know the trial was moved to Orlando because Miami-Dade Circuit Judge John Schlesinger ruled pre-trial publicity in South Florida tainted the chances of finding a fair and impartial jury in Miami-Dade.

Wednesday morning, six people in the pool of 20 possible alternate jurors told the court they had heard something about the case in the media. Most assured attorneys they could set aside opinion and prejudice and judge the case on the evidence presented, should they be picked for the jury.

A few others said they were not certain.

“I feel I’ve formed an opinion,” one woman told the judge. “It can be changed with facts, but I feel I formed an opinion. I'm sure the defense would not want me on the jury.” she said.

Another man said he heard about the case from a family member who lives in Davie.

“Usually when you have to move a case, it’s not a good sign for the defendant. There could be issues there,” he said.

Prosecutor Carin Kahgan asked another woman if sitting on a jury for a teen murder case would present undo stress or pressure.

“I see a person's life, and, you know, something I might do will affect that,” answered the woman. “That does bother me.”

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