Lunch recess

📄 Lunch recess — Tuesday, December 17, 1996

Address:

C:\DEPT103\CIVIL\1996\DEC\17\LUNCH-RECESS.DOC

TRIAL

▲ Day 33 of 57

◀ Recross-examination of Michael Baden (part 1) Re-redirect examination of Michael Baden (part 2) ▶

Date: Tuesday, December 17, 1996 • Utterances: 12

The court took a lunch recess from 12:04 PM to 1:30 PM. Upon returning, Judge Fujisaki informed the jury that one of their members had been removed, instructed them not to speculate about it, and delivered standard admonishments about not discussing the case. Michael Baden resumed the stand for recross-examination.

# 1 THE BAILIFF:

Could I have it quiet in the courtroom, please.

# 2 (Jurors exit courtroom.)

# 3 (The following proceedings were held in open court outside the presence of the jury.)

# 4 THE BAILIFF:

Please take a seat in the audience.

# 5 THE COURT:

Okay. I'll remind you, counsel, you've had ample cross-examination. The Court is not going to go through the same testimony the second time.

KEY QUOTE

# 6 MR. MEDVENE:

Yes, Your Honor.

# 7 (At 12:04 P.M. a recess was taken until 1:30 P.M. of the same day.)

# 8 (REGINA D. CHAVEZ, OFFICIAL REPORTER)

# 9 (The jurors resumed their respective seats.)

# 10 THE COURT:

Ladies and gentlemen, you will note that one of your number is no longer with you. You're not to speculate as to the reason why.

I wish to remind you that it is very important for you to follow the instructions that I have given to you, and I give to you periodically about not talking about this case with anyone, not communicating anything about -- anything about this case, not even the fact that you're on this case.

People may know you're on this case, but your duty is not to initiate any communications about anything like that.

You're also not to form or express any opinions about this case until this case is completed. You're not to do any investigating on your own. You're not to permit yourself to be addressed about this case by anyone other than myself or the lawyers in the course of the trial, or by the witnesses as they testify.

Everybody understand those instructions?

KEY QUOTE

# 11 JURORS:

Yes.

# 12 THE COURT:

Okay. Thank you.

You may proceed.

MICHAEL BADEN, the witness on the stand at the time of the luncheon recess, having been previously duly sworn, was examined and testified further as follows:

RECROSS-EXAMINATION BY MR. MEDVENE:

Temperature

procedural

Key Quotes (2)

Hiroshi Fujisaki

Ladies and gentlemen, you will note that one of your number is no longer with you. You're not to speculate as to the reason why.

A juror was dismissed during the lunch recess — a notable procedural event the judge deliberately left unexplained.

Hiroshi Fujisaki

I'll remind you, counsel, you've had ample cross-examination. The Court is not going to go through the same testimony the second time.

Fujisaki warning Medvene not to repeat ground already covered, signaling impatience with repetitive questioning.

Notable Exchanges (1)

Hiroshi Fujisaki•Edward Medvene

Before the recess, Fujisaki cautioned Medvene that recross-examination should not rehash already-covered testimony.

firm/admonishing

Objections

None recorded

Proceeding 8672 • 12 utterances

Civil Trial

Department 103