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The State of Texas vs. Harold Rotureaux
Injury To A Child
Jury Selection
A process of elimination
The Question is...
The Question is...
Can you follow the law?
- Can you begin the trial without having made up your mind already?
- Can you make your decision ONLY on the law and the evidence given to you in court?
Knowledge of the case
Knowledge of the case
Do you know anything about the facts of the case?
Do you know anybody involved?
- Morgan Hattaway - Brazoria
- Brazoria Police Department
- Alexis Bergen
Experience with the Justice System
Experience with the Justice System
Have you known a child victim of assault or violence?
Have you ever been charged with a criminal offense?
Have you had a bad experience with the police or the District Attorney's Office?
Have you ever served on a criminal jury before?
Injury To A Child
The State's Case
1) Intentionally or knowingly
2) Cause
2) Bodily injury to
3) A child 14 y.o. or younger
Bodily
Injury
Bodily Injury
- Physical pain
- Illness
- ANY impairment of the physical condition
How Do You Know?
How does a child let you know something is wrong?
Do you have to see anything?
The Charge
The Charge
- Harold Edward Rotureaux
- On or about April 16, 2021
- In Brazoria County, Texas
- Intentionally or knowingly
- Caused bodily injury to Madi Kelly
- A child younger than 14
- by grabbing Madi with his hand and throwing Madi down onto a mattress
What Is Not In The Charge?
Motive
"Premeditation"
Bruising
Lasting damage or permanent injury
Constitutional Rights
Constitutional Rights
Presumption of innocence
The right to remain silent (5th)
The right to confront witnesses (6th)
What you will not see and what you will
You will not see:
- Offense reports
- Witness statements
You will see:
- Testimony from a live witness
The Burden of Proof
Beyond a reasonable doubt
There is no definition, but:
- Not beyond all doubt
- Not 100% sure
Resolving beyond a reasonable doubt
Resolving beyond a reasonable doubt
Is it reasonable?
Do I have a doubt?
Does it go to an element of the offense?
An example
An example
Evidence and Testimony
Evidence
Witness Credibility
Witness Credibility
Goes along with the right to
confront witnesses
Requires no special analysis or trick
Allows you to make your own
judgements based on perception
Has NOTHING to do with someone's job
Testimony vs. Evidence
Testimony vs. Evidence
Testimony IS evidence
A physical item tells you what something is
Testimony tells you why something is important
Punishment
Punishment
Have you ever visited someone in prison?
Can you consider the full range of punishment?
The trial is split into two parts
- Guilt/Innocence
- Punishment
If you find the defendant guilty, it can be punished by:
- 2 - 20 years in prison
- Up to a $10,000 fine