Sidebar: juror 15 examination

📄 Sidebar: juror 15 examination — Thursday, November 14, 1996

Address:

C:\DEPT103\CIVIL\1996\NOV\14\SIDEBAR-JUROR-15-EXAMINATION.DOC

TRIAL

▲ Day 15 of 57

◀ Request to approach bench Redirect examination of Dr. Robin Cotton (part 3) ▶

Date: Thursday, November 14, 1996 • Utterances: 27

Defense attorney Baker raised concerns about juror 15 repeatedly falling asleep during trial, requesting her dismissal from the alternate panel. Judge Fujisaki also apologized for an off-hand comment he made during cross-examination that Baker felt signaled bias against the defense, and the judge agreed to apologize before the jury.

# 1 MR. BAKER:

Your Honor, juror 15 was asleep through most of this case.

# 2 THE COURT:

She has -- I had -- I have to admit that.

# 3 MR. BAKER:

I would appreciate it if the Court -- I know that it isn't intentional, but when you say something in cross-examination --

# 4 THE COURT:

I'm sorry. It was a joke and I apologize.

# 5 MR. BAKER:

I understand. You were very attentive to her on direct and overruled one of our objections on her direct.

It was very clear to anyone watching you that you were very attentive to her on direct, and then to say that, I know it wasn't intentional, but I would sure appreciate it if we could not have that.

I agree to stipulate to dismiss juror number 15 from the panel. I think she has been asleep throughout a long period of this trial.

# 6 MR. PETROCELLI:

We don't agree.

# 7 MR. BAKER:

I would request the Court to remove her from the trial.

Let me just finish that. She has been asleep through major portions and, of course, I'm glad that she got to sleep -- to sleep through the plaintiffs' case.

# 8 MR. PETROCELLI:

I would ask if Your Honor wants to say something to her, that's fine. There's no cause to dismiss her right now. Also to --

# 9 THE COURT:

I am quite troubled with her sleeping through. She seems to have some sort of metabolic problem that causes her to have an inability to stay awake.

# 10 MR. PETROCELLI:

Can you speak to her?

# 11 THE COURT:

What good is speaking to her. She missed already, quite a bit of the -- bit of the testimony.

# 12 MR. PETROCELLI:

Do we know if she missed, Your Honor. Let's see what she's missed, question her about it.

# 13 MR. BAKER:

How do you question somebody about what they missed? It's like talking about a negative. But I'll leave that to the Court's discretion

I think we have plenty of alternates right now and this is one who really, if she were to move to the regular panel, I would object to it just because she's been kind of heavy lided throughout most of the proceedings so far.

KEY QUOTE

# 14 MR. PETROCELLI:

The juror in the top corner sleeps a lot too.

# 15 MR. BAKER:

I noticed that.

# 16 MR. PETROCELLI:

On the panel, number 7, number 7, she's sleeping quite a bit.

# 17 MR. BREWER:

Very often.

# 18 MR. PETROCELLI:

I don't think it's any different than that alternate.

# 19 MR. BAKER:

Okay.

# 20 THE COURT:

I'll keep a further eye on her. If I find that she is attempting to sleep, I will reconsider that.

# 21 MR. PETROCELLI:

Okay.

# 22 THE COURT:

Mr. Blasier if you want, I'll make an apology to you before the jury. I didn't mean to demean your examination. I think what I meant to say was the whole topic was --

# 23 MR. BLASIER:

I would appreciate it.

# 24 THE COURT:

Not exactly scintillating in terms of juror interest.

# 25 MR. LAMBERT:

Can I reiterate one other point? I would ask that Mr. Blasier be instructed to ask no more of these questions about, did the LAPD do that or did the LAPD do this. All the objections have been sustained. He should stop asking the questions.

# 26 THE COURT:

Well, I think my rulings in that regard -- and I think it would be helpful if you don't ask questions.

# 27 MR. PETROCELLI:

Thank you, Your Honor.

Temperature

tense

Key Quotes (4)

Robert Baker

I'm glad that she got to sleep -- to sleep through the plaintiffs' case.

Sardonic aside revealing Baker's confidence that the plaintiff's case was weak — and his frustration that the sleeping juror missed defense testimony instead.

Hiroshi Fujisaki

She seems to have some sort of metabolic problem that causes her to have an inability to stay awake.

Judge acknowledges the sleeping juror issue is serious and chronic, not incidental.

Hiroshi Fujisaki

I didn't mean to demean your examination. I think what I meant to say was the whole topic was -- Not exactly scintillating in terms of juror interest.

Judge apologizes for a comment during cross-examination that implied defense counsel's line of questioning was boring or unworthy — a significant concession of judicial indiscretion.

Robert Baker

How do you question somebody about what they missed? It's like talking about a negative.

Sharp practical rejoinder to Petrocelli's suggestion that they question the juror about what she heard.

Notable Exchanges (3)

Robert Baker•Hiroshi Fujisaki

Baker complained that the judge made a disparaging remark during Blasier's cross-examination and was visibly more attentive to the witness on direct. Fujisaki admitted it, called it a joke, and apologized — then offered to apologize before the jury.

tense but resolved

Robert Baker•Daniel Petrocelli

Baker pushed to dismiss juror 15 for chronic sleeping; Petrocelli resisted, pointing out that another seated juror (number 7) also sleeps frequently, effectively arguing disparate treatment.

strategic

Tom Lambert•Hiroshi Fujisaki

Lambert asked the judge to instruct Blasier to stop asking questions about LAPD conduct, noting all such objections had been sustained. Fujisaki agreed obliquely without issuing a direct order.

procedural

Light Moments (2)

Robert Baker

Baker quipped he was 'glad' the sleeping juror slept through the plaintiffs' case, drawing a knowing laugh from the sidebar.

Daniel Petrocelli

Petrocelli deflected Baker's juror-dismissal push by pointing out another juror — number 7 — also sleeps constantly, prompting Baker to simply say 'I noticed that.'

Objections

None recorded

Proceeding 8266 • 27 utterances

Civil Trial

Department 103