Suri v. State

937 So. 2d 216, 2006 WL 2520912
CourtDistrict Court of Appeal of Florida
DecidedSeptember 1, 2006
Docket3D04-2022
StatusPublished
Cited by5 cases

This text of 937 So. 2d 216 (Suri v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Suri v. State, 937 So. 2d 216, 2006 WL 2520912 (Fla. Ct. App. 2006).

Opinion

937 So.2d 216 (2006)

Francisco Eddy SURI, Appellant,
v.
The STATE of Florida, Appellee.

No. 3D04-2022.

District Court of Appeal of Florida, Third District.

September 1, 2006.
Rehearing Denied September 21, 2006.

*217 Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Michele Samaroo, Assistant Attorney General, for appellee.

Before GREEN, RAMIREZ, and ROTHENBERG, JJ.

RAMIREZ, J.

Francisco Eddy Suri appeals from his conviction for two counts of lewd and lascivious molestation on a child less than twelve years of age. Because we conclude that counsel did not properly preserve the issue for review of the failure to excuse a potential juror for cause, we affirm.

The State charged Suri with two counts of lewd and lascivious molestation on a child under twelve, alleging that he committed several lewd acts against his girlfriend's seven-year-old daughter. At the beginning of voir dire, the prospective jurors were informed of the State's charges against Suri. There was an initial exchange between the court and prospective Juror Alade:

THE COURT: I see that you have friends who have been or were victims of very very serious crimes. How recent was the most recent?
PROSPECTIVE JUROR ALADE: Two thousand.
THE COURT: Do you think that either of those experiences would affect your ability to be fair and impartial?
PROSPECTIVE JUROR ALADE: No.
THE COURT: Okay.

The prosecutor then asked the jurors if there was anything in their backgrounds that would prevent them from being a fair and impartial juror. In response, prospective Juror Alade stated: "I do believe I could be fair and impartial, but I see a lot of this in my practice. I'm a resident in the department of pediatrics at Jackson. So I just thought I should say that." Juror Alade then answered "yes" to the following question: "And with that experience though, you still could be fair and impartial?"

In her juror questionnaire, Juror Alade stated that her best friend in high school was impregnated while being raped, and that her medical school sorority sister was raped and murdered. When defense counsel attempted to question Juror Alade further about these incidents, she requested that she be allowed to speak outside the presence of the other prospective jurors. When the jurors were dismissed for lunch, two jurors remained, including Juror Alade. The following exchange then took place:

THE COURT: Ms. Alade, will you join us sidebar, please.
DEFENSE: Ms. Alade, I know you wanted to go sidebar regarding you had placed in your questionnaire your friend in high school was raped and a friend in medical school murdered. I want to ask you some more detail about that privately. Which one was it in 2000?
ALADE: Medical school. That's current. Just started jury selection last week. I didn't think it will be appropriate to discuss that in front of everybody since it's on trial.
DEFENSE: And the person who was murdered, how close was that person to you?
*218 ALADE: I had known her for two years. I joined the same sorority.
DEFENSE: Okay.
That case is going to trial this week?
ALADE: No. They started jury selection last week. It's been four years since the actual incident.
DEFENSE: Are you a witness?
ALADE: No. I haven't been called.
DEFENSE: Okay.
And are you having any feelings about that since it's in trial right now?
THE COURT: What does that mean?
DEFENSE: Are you having any feelings that will affect your ability to be fair in this case?
ALADE: No.
DEFENSE: No. Okay. All right.
And what about regarding your friend in high school?
THE COURT: Regarding what?
DEFENSE: Your friend in high school that was raped.
ALADE: What about it?
DEFENSE: How close was that person to you?
ALADE: Best friend.
DEFENSE: Okay.
And what happened? Was the person ever caught?
ALADE: She never pressed charges. That took me a year to convince her to tell her parents that's how she got pregnant.
DEFENSE: Okay.
And did criminal charges ever come about?
ALADE: No. He was in jail for something else. She just got him to drop his parental rights.
DEFENSE: Okay. And is there anything about that experience that she was your friend that would affect your ability to be fair in this case?
ALADE: I mean, I would hope not. I don't know if this case entails — I consider myself to be pretty level headed. I could separate one from the other. It was a long time ago. I don't know. If this was a seven year old who was raped and got pregnant, if that's going to bring something up in me. But I assume no. Do you understand?
DEFENSE: I think I do.
ALADE: Okay. I assume no. But if it's something that hits close to home, I can't tell you because I don't know the situation surrounding the case. I don't know. And my friend who was murdered in Gainesville, was also raped and murdered and left in her apartment for three days before we got in to find her.
THE COURT: Anything else? State?
PROSECUTOR: I'm assuming, for a moment, this little seven-year old was not pregnant. So knowing that, that's not going to cause you any problems?
ALADE: No. I honestly don't assume so, but no. As far as I can tell thinking logically, no.
PROSECUTOR: Good. Thank you.
THE COURT: Okay.

Juror Alade then expressed her concerns about scheduling, worried that the trial could take longer than her job duties as a resident at Jackson Memorial Hospital would allow, and the trial judge assured her that the trial could be completed within three days.[1]

Before recessing for lunch, another juror was questioned. When the trial reconvened, *219 jury selection began. When Juror Alade came up, the following took place:

DEFENSE COUNSEL: I'm moving for cause on Ms. Alade, Judge, because at sidebar when she was asked whether she could be fair, she hesitated.
THE COURT: Denied. I disagree with that representation. Anything you want to exercise a peremptory.
DEFENSE COUNSEL: No.

Later, the defense struck Juror Alade peremptorily. Then, after exhausting all of her peremptory challenges, defense counsel requested an additional peremptory challenge based on the denial of a cause challenge regarding another prospective juror, Juror De Diego. The trial court granted defense counsel's request. Defense counsel then requested one more additional peremptory challenge based on the denial of the cause challenge as to Juror Alade. Defense counsel identified the juror she would strike if the additional peremptory was granted. The trial court denied the request.

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Cite This Page — Counsel Stack

Bluebook (online)
937 So. 2d 216, 2006 WL 2520912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suri-v-state-fladistctapp-2006.