Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 1 of 112 PageID #: 63064
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`VIRNETX INC., ET AL,
`
`PLAINTIFFS,
`
`VS.
`
`APPLE INC.,
`
`DEFENDANTS.
`
`
`
`CIVIL ACTION NO.
`6:12-CV-855-RWS
`
`
`)(
`)(
`)(
`)(
`)(
`TYLER, TEXAS
`)(
`)( OCTOBER 26, 2020
`)(
`9:00 A.M.
`)(
`
`TRANSCRIPT OF JURY TRIAL
`MORNING SESSION
`BEFORE THE HONORABLE JUDGE ROBERT W. SCHROEDER, III
`UNITED STATES CHIEF DISTRICT JUDGE
`
`APPEARANCES:
`
`FOR THE PLAINTIFF:
`BRADLEY W. CALDWELL
`JASON D. CASSADY
`JOHN AUSTIN CURRY
`CALDWELL CASSADY & CURRY
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`T. JOHN WARD, JR.
`WARD, SMITH & HILL PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`R. CHRISTOPHER BUNT
`PARKER BUNT & AINSWORTH
`100 East Ferguson, Suite 418
`Tyler, Texas 75702
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`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`VIRNETX INC., ET AL,
`
`PLAINTIFFS,
`
`VS.
`
`APPLE INC.,
`
`DEFENDANTS.
`
`
`
`CIVIL ACTION NO.
`6:12-CV-855-RWS
`
`
`)(
`)(
`)(
`)(
`)(
`TYLER, TEXAS
`)(
`)( OCTOBER 26, 2020
`)(
`9:00 A.M.
`)(
`
`TRANSCRIPT OF JURY TRIAL
`MORNING SESSION
`BEFORE THE HONORABLE JUDGE ROBERT W. SCHROEDER, III
`UNITED STATES CHIEF DISTRICT JUDGE
`
`APPEARANCES:
`
`FOR THE PLAINTIFF:
`BRADLEY W. CALDWELL
`JASON D. CASSADY
`JOHN AUSTIN CURRY
`CALDWELL CASSADY & CURRY
`2121 N. Pearl St., Suite 1200
`Dallas, Texas 75201
`T. JOHN WARD, JR.
`WARD, SMITH & HILL PLLC
`1507 Bill Owens Parkway
`Longview, Texas 75604
`R. CHRISTOPHER BUNT
`PARKER BUNT & AINSWORTH
`100 East Ferguson, Suite 418
`Tyler, Texas 75702
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 2 of 112 PageID #: 63065
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`FOR THE DEFENDANT:
`GREGORY S. AROVAS
`ROBERT A. APPLEBY
`JEANNE M. HEFFERNAN
`JOSEPH A. LOY
`LESLIE M. SCHMIDT
`AARON D. RESETARITS
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York 10022
`AKSHAY S. DEORAS
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, California 94104
`MICHAEL E. JONES
`POTTER MINTON
`110 North College Avenue, Suite 500
`Tyler, Texas 75702
`
`COURT REPORTER:
`
`Ms. Shelly Holmes, CSR, TCRR
`Official Court Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston
`Marshall, Texas 75670
` (903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
`
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 3 of 112 PageID #: 63066
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`P R O C E E D I N G S
`(Jury out.)
`THE COURT: It's a little after 9:00 o'clock.
`Back in chambers are Mr. Caldwell and Mr. Ward on behalf of
`the Plaintiff. Mr. Arovas and Mr. Jones on behalf of the
`Defendant.
`The panel is ready, and we are about to enter the
`courtroom to begin voir dire. Each side has 30 minutes for
`voir dire. I'll do my part first. My expectation is by
`the time I finish all of that, it will be time for a break.
`I'd rather break after the Court's part before -- as
`opposed to breaking between you all.
`So we'll see how long -- how long it takes. But
`my guess is it will be the longer part, and -- and we'll
`take a break then and let people use the restrooms if
`they -- if they want.
`Ms. Schroeder has seating charts which she will
`distribute to you all now. And we've -- I didn't
`anticipate having a chart with people's names on it, but we
`do have that.
`There are also some additional questionnaires that
`were filled out by the -- by the panel members this
`morning.
`The one thing I particularly wanted to ask you all
`about: In my description of the case, I just describe it
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 4 of 112 PageID #: 63067
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`very generally, and I want to make sure it's okay with the
`parties.
`I say this is a patent infringement damages case
`where the Plaintiff, VirnetX, claims that Apple owes it
`certain damages for infringing its patents. Apple agrees
`that VirnetX is entitled to compensation but disputes the
`amount.
`Is that okay with you, Mr. Arovas?
`MR. AROVAS: Yes, Your Honor.
`THE COURT: Is it okay with the Plaintiff?
`MR. WARD: That's fine. Just so Your Honor knows,
`I intended to tell this panel that they don't have to
`decide the question of infringement because it's already
`been determined that they infringed.
`THE COURT: Right. Okay. I just wanted to
`clarify that that was --
`MR. WARD: I just wanted -- that's fine. I didn't
`want you to think I was saying I would say they agreed. I
`was going to say it's been determined.
`THE COURT: That's fine.
`I think that's really all I've got. Any -- the
`other thing I was going to mention is I have made decisions
`on the preliminary instructions. There was a dispute on a
`number of those. I don't think it makes sense for us to go
`into those right now, but I'll plan to do that at the end
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`of the day today. So you all know what I intend to
`instruct them on first thing in the morning.
`MR. CALDWELL: Yes, sir. If --
`THE COURT: Anything we need to discuss before we
`
`start?
`
`you.
`
`MR. CALDWELL: Sorry, I didn't mean to interrupt
`
`If we end up having a discussion about something
`like preliminary instructions, just so I understand like
`the limits of the people in the courtroom, once the jury is
`out and we're having that kind of discussion, can somebody
`who's in the other room that maybe -- like Mr. Summers
`oftentimes handles our instructions, that kind of thing,
`can he come in to --
`THE COURT: My goal is to keep Mr. Summers out of
`the courtroom.
`MR. CALDWELL: Yeah, I know. He officially hurts
`your head. I'm pretty sure that's on the record somewhere.
`THE COURT: So I think what we had discussed at
`the pre-trial conference was that on the first day, just
`for purposes of voir dire and selection of the jury, that
`you could have a different group than we'll -- than we'll
`sort of lock in beginning tomorrow. So if Mr. Summers
`needs to come in for something at the end of the day today
`and he's not in the courtroom for the balance of voir dire,
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 6 of 112 PageID #: 63069
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`I think that's fine.
`MR. CALDWELL: Okay. But he also probably
`wouldn't be there for the actual witness days, I suspect.
`So it would just be at the end of maybe while we're doing
`the charge --
`THE COURT: Well, no, that's -- you know, let's be
`clear because if Mr. Summers is not in the courtroom during
`the day -- in other words, we're not going to substitute
`people in and out.
`MR. CALDWELL: Okay.
`THE COURT: So if -- that's why I made it clear
`you guys need to be real careful about how you make your
`decisions about who's in the courtroom.
`MR. CALDWELL: Yes, sir.
`THE COURT: So we can't -- we're not going to have
`people coming in and out at various times.
`MR. CALDWELL: Yes, sir. Oh, and I didn't mean
`that. I just meant if at the end of today, once jury
`selection is over, and it's just okay, we're starting a new
`thing that it is preliminary instructions, that's all I
`meant.
`
`THE COURT: Just -- just for purposes of today,
`
`yes.
`
`MR. CALDWELL: Okay.
`THE COURT: Any other issues we need to discuss?
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 7 of 112 PageID #: 63070
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`MR. WARD: Your Honor, I had a question about the
`chart, but we don't need to do that on the record.
`THE COURT: Okay. Anything from Apple?
`MR. AROVAS: No, Your Honor.
`MR. JONES: Excuse me, Your Honor. Apologies.
`THE COURT: Okay. All right. We'll go off the
`record.
`(Recess.)
`COURT SECURITY OFFICER: All rise.
`THE COURT: Please be seated.
`Ms. Schroeder, if you would call the case for us.
`COURTROOM DEPUTY: Cause No. 6:12-CV-855, VirnetX
`Inc., et al., versus Apple Inc.
`THE COURT: Is the Plaintiff ready to proceed?
`MR. WARD: Johnny Ward for the Plaintiff, and
`VirnetX is ready.
`THE COURT: Is the Defendant ready to proceed?
`MR. JONES: Your Honor, Mike Jones for Apple, and
`we're ready to proceed. Thank you, Your Honor.
`THE COURT: Thank you.
`Good morning, ladies and gentlemen of the panel.
`I want to thank you for being here and to welcome you to
`jury service in the United States District Court for the
`Eastern District of Texas. I'm Judge Trey Schroeder.
`You've already met some of our Court personnel this
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 8 of 112 PageID #: 63071
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`morning. But I want to introduce the members of my court
`staff. My courtroom deputy is Ms. Betty Schroeder, our
`court reporter this week is Ms. Shelly Holmes. My law
`clerks are Jacob Vannette, Jonathan Powers, and Susan
`Stradley. Our Court Security Officer today and I think for
`the rest of the week, Mr. Stephen Richardson, will be our
`CSO in the morning, Mr. James Millers will be our CSO in
`the afternoon. Mr. Kirk Haddix joins us here this morning,
`as well, and Codi Stanton, our lead CSO will be in and out
`of the courtroom throughout the course of the week.
`First off, I want to thank you for serving your
`country during these trying times. In every way COVID-19
`adds a weight to the significance of your service. In this
`new normal we're all living with, your life
`responsibilities are more serious, and our intrusion into
`them may be more jarring. I understand that.
`As I wrote in my letter to you regarding jury
`service, we have taken a number of important precautions to
`enhance your health and safety during jury selection and
`trial if you're chosen as a juror, and I want to briefly go
`over some of those now.
`Your temperature should have been taken before you
`entered the courthouse. You should have been escorted to
`the courtroom by a member of the Court staff or one of the
`Court Security Officers. Of course, all of you have masks
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 9 of 112 PageID #: 63072
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`which are required to be worn during trial. We have gloves
`for anyone who wishes to wear gloves. We've got plenty of
`hand sanitizer spread throughout the courtroom and the
`courthouse, and during the course of the trial, we will
`take frequent breaks, not only this morning and this
`afternoon but, as I said, through the course of the trial
`for those who are selected as jurors.
`Once the trial begins tomorrow, we will have a
`shortened trial day, and we're going to provide lunch for
`our jurors throughout the course of the week, limiting your
`need to go in and out of the building.
`Likewise, the courtroom itself has been
`reconfigured to accommodate the needs of social distancing.
`The jury will be seated where you are seated now in the
`gallery, and we're going to use another courtroom in this
`building for our jury room instead of the regular smaller
`jury room at the back of the courtroom.
`The witness will be seated actually where
`Mr. Haddix is seated in the jury box instead of the regular
`witness stand. We've got air purifiers here to help keep
`the air clean and clear of germs, and we've also split the
`jury selection into two phases or two sessions, a morning
`session and an afternoon session, so that we can follow CDC
`social distancing protocols.
`As I said, I'm Judge Schroeder. I'm a United
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 10 of 112 PageID #: 63073
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`States District Judge for the Eastern District of Texas. I
`live in Texarkana where I was born and grew up. I was in
`private practice for about 15 years before going on the
`bench, and I've been a judge for about five years now. I
`went to college in Missouri and then in Arkansas. I
`graduated from law school in Washington. Before I went
`into private practice, I clerked for a federal appellate
`judge for a couple of years and also worked for the
`government in Washington for a couple of years.
`I am married with two daughters who are juniors in
`college. That's a different experience for them this fall
`as it is for us, as well. My wife is a lawyer, too, but
`she doesn't practice anymore. I call her a recovering
`lawyer. And I'm telling you all these things about myself
`because in just a few minutes, I'm going to ask you to give
`us the same type of information about yourself, and I think
`you are as entitled to know as much about me as we're all
`about to learn about you.
`We are about to begin the trial of a civil case
`involving damages for patent infringement. I want to first
`thank you for your service here today. You're playing a
`pivotal role in our system of justice, and I hope that you
`will consider it an honor to serve your country in this
`important role, because that's what it is. By asking you
`to be here and potentially serving as a juror in this
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`matter, we're asking you to be away from your jobs, your
`families, your other responsibilities.
`For those of you who have children at home, I know
`how hectic your lives are. Same goes for those of you who
`may be a caregiver to a family member or a friend. By
`asking you to be here, we're creating a significant
`intrusion into your lives, but the reason we do that is
`that we have important work for you to do. We have
`important work for you to do that will not get done without
`a jury.
`I've tried nearly 40 cases as a judge, and I
`firmly believe that your experience as a juror, if you're
`selected to serve, will depend in large part on what your
`initial frame of mind is. I recently read about a judge in
`Houston who said, well, you could look upon, you know, jury
`service as a form of a tax, just like the income tax that
`we pay to the federal government or the property or the
`sales taxes we pay to the state or the county or the school
`district where we live. This is a tax that you pay not
`with money but with your time and -- and your effort.
`This judge in a courtroom very similar to this one
`said there might be a better way to look at it, a better
`perspective, because the truth is that you're doing
`something much more important than merely discharging a
`duty. And I want to share with you what he said. He said:
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`Case 6:12-cv-00855-RWS Document 983 Filed 11/02/20 Page 12 of 112 PageID #: 63075
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`You are performing the most sacred duty asked of Americans
`in peacetime society. You're being asked to resolve a
`dispute between two litigants that's been going on for a
`very long time. It's occupied a lot of time and effort and
`expense on the part of a lot of people, the parties, the
`lawyers, and the Court. You are going to see some very
`fine lawyers in the courtroom this morning, some of whom
`have many years of experience trying cases in courtrooms
`just like this across the country. But at the end of the
`day, this case will be decided not by the parties, not by
`the lawyers, not by me, but by you.
`Juries have been around for a long time,
`throughout history and throughout the world. Those of you
`who know your Old Testament know that juries were used to
`decide issues of property, value, and ownership.
`The Greeks began using the jury system in about
`1500 BC. And the Romans, who adopted the Greek -- jury
`system from the Greeks, brought jury trials to England in
`the 4th Century AD. So that by the 12th century, jury
`trials had been part of the judicial system in England for
`more than 800 years.
`There was a tyrannical king, King John, who
`attempted to do away with the right to trial by jury. And
`by the 13th century, the Magna Carta was signed, which
`guaranteed the right to jury trials for the English people.
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`28 of our united states have adopted the exact
`language of the Magna Carta verbatim and have placed it in
`their state constitutions.
`The concept of jury trials was ingrained in our
`founding fathers as British colonists in the settling of
`America.
`When King George, III, came along, he attempted to
`deny the right to jury trials to his citizen colonists in
`America. And Thomas Jefferson, in penning the complaints
`against the British Crown in our own Declaration of
`Independence, set out the denial of the right to jury
`trials as one of the specific grounds mandating our
`separation from England.
`Much later in our own country, the denial of the
`right to a jury trial was one of the grievances that the
`colonists had with King George. And the men who met in
`Philadelphia in 1776 -- there were 56 of them -- they had
`no doubt about the importance of jury trials. They had a
`whole range of grievances against the Crown. But don't
`forget that one of the most important was the denial of the
`right to a jury trial to the colonists.
`The men who signed the Declaration of Independence
`pledged their lives, their fortunes, and their sacred
`honor. And 10 years later when the Constitution was
`drafted, those who signed that document knew very well
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`about the importance of the jury trial. It is the only
`constitutional right that is mentioned in both the body of
`the Constitution itself and the Bill of Rights.
`No doubt many of your parents served on juries,
`probably some of your grandparents did, as well. So that
`stretches back many generations from today, all the way
`back to 1787, all the way back to 1776.
`So, yes, while it may be an inconvenience for you
`at some level, I hope you will understand that your service
`as a juror is much more than that. It is our chance,
`perhaps not to pay the debt that we owe to our country, but
`at least to acknowledge it in some way, to recognize it,
`and to honor it.
`I firmly believe that jury service is one of the
`highest forms of public service that you as a citizen can
`render to your country. Of course, the highest form of
`public service centers around those young men and women who
`serve in our armed forces and who put their lives on the
`lie -- on the line every day to guarantee for all of us the
`rights and freedoms that we enjoy as Americans.
`Those young men and women don't get to decide
`where it is they are going. They go where their country
`asks them to -- to when their country asks them to.
`So in a way, by being here today and by
`participating as you are, you're doing what your country is
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`asking you to do, too. And I hope that you will think
`about your time here this morning, serving on this panel
`and on the jury if you are selected to serve, perhaps in a
`little different light, as an opportunity for you to serve
`your country by seeking to do justice between these two
`parties.
`This is a patent infringement damages case where
`the Plaintiff, VirnetX, claims that Apple owes it certain
`damages for infringing its patents. Apple agrees that
`VirnetX is entitled to compensation but disputes the
`amount.
`
`I and the parties will have much more to say about
`what this case involves, but for now, I wanted you to have
`some basic knowledge of what the case is about. What I've
`just told you is a very informal way of describing the case
`in layman's terms.
`I anticipate that the presentation of evidence
`will take about five days. We will begin this trial in the
`morning, and so we should conclude no later than next
`Monday, November 2nd.
`Those of you who are selected to serve as our jury
`will need to be available beginning tomorrow morning. If
`any of you have any prepaid vacations that you have planned
`that you've already bought non-refundable tickets for or
`you have a surgery scheduled for later this week or
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`anything else that is serious enough to make it very
`difficult for you to serve, then I need you to identify
`yourself.
`We'll discuss the reasons later, but if anybody on
`the panel has those types of reasons that would make it
`very difficult for you to serve, if you would please raise
`your hand for me now.
`I see all the way in the back.
`Ms. Carswell; is that right?
`All right. We'll visit with you, Ms. Carswell, in
`a few minutes.
`Anybody else on the left side of the room?
`On the right side?
`Yes, sir, is it Mr. Harris?
`PROSPECTIVE JUROR: Yes, sir.
`THE COURT: All right. Mr. Harris, I'll visit
`with you in a few minutes.
`Okay. Let me give you an overview of what is
`going to be happening over the next few days.
`Right now we're beginning the first stage of the
`trial, what we call voir dire examination of the jury
`panel. This is where the Court and the attorneys will be
`asking you some questions to help us evaluate you as a
`potential juror.
`When the parties address you this morning, they'll
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`be asking you various questions, and I want you to
`understand they're not seeking to inquire into your private
`affairs unduly. They are entitled to ask questions to
`secure a fair and impartial jury.
`I don't know if it will happen today, but
`sometimes panel members are asked a question that they
`don't really want to talk about in front of the whole
`panel. If you have any hesitancy about answering a
`question or giving a complete answer to something that you
`consider private, you just need to say that you want to
`talk about it to Judge Schroeder, and I'll give you an
`opportunity to answer the question outside the presence of
`the other panel members.
`The important thing is for you to give full,
`complete, and truthful answers to the questions that are
`asked. There really are no wrong answers at all, as long
`as your response is full, complete, and truthful.
`This afternoon, we're going to be doing the same
`thing all over again, the same process with another set of
`potential jurors. Following that, each of the parties will
`have an opportunity to strike a certain number of jurors.
`And after that, the first eight panel members will become
`our eight jurors.
`Today, some time after five o'clock, you'll get a
`phone call from the clerk's office letting you know whether
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`or not you have been selected to serve on our jury.
`Everybody, not just those selected to serve, will get a
`call. So you'll leave this morning not knowing whether
`you're on the jury or not. But at the end of the day
`today, after we have gone through this process again with
`the afternoon session, you'll be notified whether you have
`been selected to serve as a juror or not.
`Tomorrow morning, when the trial begins, the
`attorneys for each side will make opening statements,
`followed by presentation of evidence.
`Following all of the evidence, I'll give you the
`Court's charge, which will instruct you on the law that you
`must follow in your deliberations.
`After that, the parties will present their closing
`arguments to you. And finally, you will retire to the jury
`room to begin your deliberations.
`Now, the purpose of voir dire is to enable the
`Court to determine whether or not any prospective juror
`should be excused from jury service either by the Court,
`for what we call cause, or by counsel for the parties by
`way of what we call peremptory challenges, which are
`challenges for which no reason need be given.
`Voir dire is an old French phrase which means to
`speak the truth. And I know that you will speak the truth
`this morning as you answer the questions that the parties
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`and I ask you.
`I'd ask you to listen carefully to the questions,
`and please don't be timid about speaking up if they apply
`to you.
`
`Now, as I did at the beginning, telling you a
`little bit about myself, we're going to go through with
`each of you, and I'm going to ask you all to give us some
`basic information about yourself. I'm going to ask you to
`come to the podium and tell us your name; your city of
`residence; your occupation, if you're employed; if you're
`married, your spouse's name and occupation; and something
`about yourself that's interesting or a favorite thing to do
`in your spare time.
`We'll start with you, Ms. Burns, all the way over
`on the left. And -- and, yes, ma'am, if you'd just go to
`the podium.
`All right. Ms. Burns, so you -- you can leave
`your mask on or you can take it off, whatever is --
`whatever you're comfortable with. Tell us your name; where
`you live; occupation; if you're married, what your spouse's
`name and occupation is; and something about yourself.
`PROSPECTIVE JUROR: Hi. My name Megan Burns. I
`live in Kilgore, born, raised, that's where we still
`reside. I am an elementary school principal, also a deputy
`of curriculum and instruction. I live in Longview. And
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`then my husband's name is Shawn Burns, and he is a warranty
`inspector for Trinity Industries.
`THE COURT: All right. Thank you, Ms. Burns.
`Mr. Empire?
`PROSPECTIVE JUROR: Good morning.
`THE COURT: Good morning.
`PROSPECTIVE JUROR: My name is Steven Empire. I
`live in Lindale, Texas. Raised in upstate New York, but
`I've lived here in Texas since February 2013. I'm a 1099
`independent contractor for a multi- -- multiple insurance
`companies. My wife is a stay-at-home mother, and I have
`two daughters, ages seven and five. And in my spare time
`we enjoy music at my house. That's what we do.
`THE COURT: Thank you, Mr. Empire.
`PROSPECTIVE JUROR: Thank you.
`THE COURT: Mr. Burns -- we'll just go over.
`Mr. Burns.
`PROSPECTIVE JUROR: My name is Lawrence Burns,
`originally from Longview, Texas. I work for Target in
`asset protection. My wife's a nurse. We've got two kids
`and two dogs.
`THE COURT: Thank you, Mr. Burns.
`Mr. Dollar?
`PROSPECTIVE JUROR: Good morning. I'm Joel Dollar
`from Golden, Texas, born and raised all my life there. I
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`am single. I work -- I work as a lead man in a warehouse
`at a company in Mineola, Texas. Been there 18 years. And
`in my spare time, I enjoy fishing and playing music.
`THE COURT: Thank you, Mr. Dollar.
`Mr. Alford.
`PROSPECTIVE JUROR: Thank you for pronouncing my
`name right. My name is James Alford. I live in Henderson.
`And I'm retired from Eastman Chemical. I worked there for
`39 years. My wife's name is Sheila. She's an RN. I have
`three kids, and they're all grown and out of the house. So
`we're alone at home with our puppy dogs.
`THE COURT: All right. Thank you, Mr. Alford.
`Ms. Cox?
`PROSPECTIVE JUROR: My name is Rachel Cox, and I
`live in Lindale, Texas. And my occupation, I'm a
`counselor, working private practice. My husband is Mark
`Cox, and he works for a company called Nexstim, a medical
`device company. And we have two children. Our son just
`graduated from college, and our daughter is a junior in
`college. In my free time, we live out in the country, and
`I just love being outdoors.
`THE COURT: Thank you, Ms. Cox.
`Ms. Burke?
`PROSPECTIVE JUROR: My name is Susan Burke. I
`live in Van, born and raised. I'm a registered nurse. I
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`was hoping to get through my career before a pandemic.
`Didn't make it.
`THE COURT: Didn't quite make it.
`PROSPECTIVE JUROR: Husband is Duane Burke. He
`works for Republic Industries in Marshall. In spare time,
`we love to go camping.
`THE COURT: Thank you, Ms. Gipson -- I mean, Ms.
`
`Burke.
`
`Ms. Gibson?
`PROSPECTIVE JUROR: My name is Delmalene Gibson.
`I'm a registered nurse. I live in Tyler. My husband's
`name is Clint, and he's --
`THE COURT: I'm sorry, could you speak a little
`louder for us, please, Ms. Gibson?
`PROSPECTIVE JUROR: Okay. My name is Delmalene
`Gibson. I'm a registered nurse. I live in Tyler. My
`husband's name is Clint. He's retired. In my spare time I
`just like baking and cooking.
`THE COURT: All right. Thank you, Ms. Gibson.
`Ms. Carswell?
`PROSPECTIVE JUROR: My name is Nair Carswell.
`THE COURT: Could you speak up for us?
`PROSPECTIVE JUROR: My name is Nair Carswell. I
`am from Brazil. And I'm a housewife here in Tyler. And my
`husband's name is Kevin Carswell.
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`THE COURT: Kevin?
`PROSPECTIVE JUROR: Kevin -- Kevin Carswell, and
`he's a financial advisor. I have two daughters, grown
`daughters and I have two grandkids.
`THE COURT: Thank you, Ms. Carswell.
`Ms. Anders?
`PROSPECTIVE JUROR: Good morning. My name is
`Sharon Anders. I'm recently widowed this year, so that's a
`new way of life for me. I have two grown kids, eight
`grandchildren. I live in Whitehouse, Texas. I've been
`here for about 10 years. And I was born in Mt. Pleasant,
`Texas. So been in East Texas all my life.
`THE COURT: Thank you, Ms. Anders.
`Now Mr. Bradley?
`PROSPECTIVE JUROR: My name's Darnell Bradley. I
`live in Longview, Texas. I work in Kilgore as a delivery
`driver for a oilfield supply company. My wife, she's a
`front end manager at a grocery store. I have two little
`girls, a three-year-old and a ten-month-old. I enjoy
`fishing on the weekends when I can get away.
`THE COURT: Like to do what?
`PROSPECTIVE JUROR: Fish.
`THE COURT: Fish.
`PROSPECTIVE JUROR: And a little hog hunting,
`that's it.
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`THE COURT: Okay. Thank you, Mr. Bradley.
`Ms. -- is it Gouldthorpe?
`PROSPECTIVE JUROR: Gouldthorpe.
`THE COURT: Gouldthorpe. Good morning.
`PROSPECTIVE JUROR: Good morning.
`My name is Megan Gouldthorpe. I've been married
`eight years. I work at Christus Health. My husband works
`at the BioLife Plasma Center. He works on their machines.
`We have two kids. I live in Tyler. But we like to hunt
`and fish, anything outside with our kids.
`THE COURT: Okay. Thank you, Ms. Gouldthorpe.
`PROSPECTIVE JUROR: Uh-huh.
`THE COURT: Mr. Davidson.
`PROSPECTIVE JUROR: My name is Bradley Davidson.
`Born and raised in Panola County, Beckville, Texas. My
`wife -- I'm a production optimizationist for an oil and gas
`company. My wife, Stephanie, is a teacher at Beckville
`ISD. I've got two kids and my nephew. I really enjoy
`hunting and fishing.
`THE COURT: Thank you, sir.
`Ms. Coleman?
`PROSPECTIVE JUROR: I'm Kelly Coleman. I live in
`Tyler, Texas. I'm a stay-at-home mom to my sons who are 15
`and 17. My husband, Andy, is a chemical engineer. And in
`my spare time I used to enjoy traveling, now I enjoy
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`reading.
`THE COURT: Thank you.
`Mr. Harris?
`PROSPECTIVE JUROR: My name is Cliff Harris, and
`I'm a little nervous.
`THE COURT: Take your time.
`PROSPECTIVE JUROR: My name is Cliff Harris, and I
`live in Athens, Texas. My wife, she works at the spine and
`joint hospital, and we like to hunt and fish whenever we're
`not doing any -- anything but working. And I myself am a
`self-employed carpenter.
`THE COURT: Okay. Thank you, Mr. Harris.
`Mr. Jackson?
`PROSPECTIVE JUROR: I'm Jefferson Jackson. I'm
`from Rusk, Texas, beautiful little
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