At the conclusion of voir dire , defendant challenged the juror for cause, asserting that the juror was unable to hear adequately. When there is a challenge based upon physical disability, a trial court has discretion to determine whether the challenged juror can adequately perform. Absent an abuse of discretion, a trial court's decision will not be disturbed upon review. A trial court's resolution of a challenge for cause will be overturned only if the record presents no basis to support it. Hence, we perceive no abuse of discretion.
Defendant asserts that the prosecutor made improper remarks during opening statement.
Defendant argues that the evidence at trial did not support the prosecution's statements, and, therefore, he was denied his right to a fair trial by an impartial jury. The prosecutor stated that the defendant had stolen from a sympathetic victim, a mother who had driven her two sick children to the after-hours medical clinic in order to receive medical assistance. Defendant objected on grounds of relevancy, and the trial court overruled the objection. The facts developed at trial showed that the victim was at a medical clinic seeking care for her children when she left her vehicle unlocked in the parking lot. Defendant trespassed by entering the vehicle while the victim was inside the clinic.