📄 Jury instructions and alternate selection — Tuesday, November 26, 1996
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C:\DEPT103\CIVIL\1996\NOV\26\JURY-INSTRUCTIONS-AND-ALTERNAT.DOC
TRIAL
▲ Day 23 of 57

Jury instructions and alternate selection

Date: Tuesday, November 26, 1996 • Utterances: 17
Judge Fujisaki excused a juror for attempting to communicate with people connected to the case — attorneys, their employees, or media — and delivered a stern admonishment to the remaining jurors about their obligations and the appearance of impropriety. An alternate juror (number 294) was then drawn from the gray box to fill seat number 4, and Simpson was directed to resume the witness stand.
1 (REGINA D. CHAVEZ, OFFICIAL REPORTER)
2 (The jurors resumed their respective seats.)
3 THE COURT:

Why don't you have Mr. Simpson sit at counsel table for a minute.

4 MR. BAKER:

I'm sorry. Fine. We told him to get up there.

5 (Mr. Simpson resumes seat at counsel table from witness stand.)
6 THE COURT:

Morning, ladies and gentlemen.

7 JURORS:

Morning, Your Honor.

8 THE COURT:

You notice that one of your number is missing. That juror has been excused.

Ordinarily, we don't discuss why a juror has been excused. However, in this instance, I must inform you that the juror has been excused because the juror has conducted herself in a manner that is inappropriate for a juror sitting on a case.

The conduct that is inappropriate is that which is one that consists of communicating, or attempting to communicate with persons connected with this case, whether they're attorneys, employees of attorneys, or media, or anybody. That is inappropriate.

You are jurors. You are sworn to hear the evidence and to decide this case only on the basis of the evidence in the case and the law that is given in the case.

You're forbidden to have any contact with, or any communication with anybody connected with this case, except through the trial process and through the Court.

The attorneys can talk to you, only while they are addressing you in opening and closing argument.

The witnesses cannot talk to you at all, except by way of their testimony.

Employees of attorneys, they cannot talk to you at all. And it would be totally inappropriate for you to make any effort to communicate with them, as well.

Now, do all of you jurors understand that?

9 JURORS:

Yes.

10 THE COURT:

A jury is not a social club. A jury is the fulfillment of a legal obligation, and it is your duty to fulfill that obligation by being impartial and being careful listeners of the evidence, and to decide this case based upon the evidence and the law as you receive it from this Court, and not from any other source.

Now, when I say that is your duty, there is another duty; and that is the duty to conduct yourselves in a way that there is no appearance of impropriety.

If the kind of conduct that I am concerned with continues, it would lead to an appearance of impropriety, because it would be seen that the juror may be having inappropriate, although most likely innocent, contact with one side or the other, or the media.

You see, if the other side perceives such a contact, or the public sees such a contact, it is entirely likely that the public, in general, will lose confidence in the judicial process and would taint the integrity of having a trial. So it is very important that all jurors maintain themselves and comport themselves in such a way that they do not cause a perception of inappropriate conduct. And in this instance, that is conduct that would look like you're trying to contact somebody connected with the case.

Everybody understand that?

KEY QUOTE
11 JURORS:

Yes.

12 THE COURT:

Now, if anybody tries to contact you, as I've informed you before, let the Court know. That is totally appropriate.

I've always admonished you, and periodically admonished you not to listen to radio reports, watch television broadcasts, or read newspaper articles or news articles concerning this trial.

That is doubly so in this instance, because these things become news items and the media goes out there and just plays it for all it's worth.

And it's very important that you do not allow yourselves to be influenced by that. And the way we hope to insulate you from that is by ordering you not to do that.

The only alternative is to sequester you and put you in custody, so to speak. And I don't think that's appropriate in a civil case. And you've all sworn that you would comport yourselves in such a way that you would not allow that kind of exposure to -- information. I trust that you still maintain, believe that you will be able to keep yourselves from being tainted by outside information on this case. Is that correct?

13 JURORS:

Yes.

14 THE COURT:

All right.

Now, at this time, the clerk is instructed to place the names of the alternates in the gray box. And we will draw an alternate to fill jury seat number 4.

15 (The clerk complies.)
16 THE CLERK:

Number 294. You're Juror number 8 now.

17 THE COURT:

Juror number 294, would you take seat number 4.

Okay. Juror number 294, you are now part of the regular jury panel.

At this time, we will resume.

Mr. Simpson, would you resume the stand, please.

Temperature

tense

Key Quotes (3)

Hiroshi Fujisaki
A jury is not a social club. A jury is the fulfillment of a legal obligation, and it is your duty to fulfill that obligation by being impartial and being careful listeners of the evidence.
Fujisaki's unusually direct rebuke sets a firm tone; the excused juror's conduct clearly frustrated him.
Hiroshi Fujisaki
The juror has been excused because the juror has conducted herself in a manner that is inappropriate for a juror sitting on a case.
Confirms the excused juror is female and that the removal was for misconduct, not illness or hardship.
Hiroshi Fujisaki
The only alternative is to sequester you and put you in custody, so to speak. And I don't think that's appropriate in a civil case.
Fujisaki acknowledges the tension between juror freedom and trial integrity, and opts against sequestration.

Notable Exchanges (2)

Hiroshi FujisakiRobert Baker
Baker apologizes after Simpson is still at the witness stand rather than counsel table; Fujisaki had to prompt the move before addressing the jury.
mildly awkward
Hiroshi FujisakiJurors
Fujisaki delivers extended admonishment about juror conduct; jurors respond collectively 'Yes' three times to confirm understanding.
stern/procedural

Objections

None recorded
Proceeding 8409 • 17 utterances
Civil Trial
Department 103
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📂 NOV 26, 1996 📄 Jury instructions and alternat
NOV 26, 1996 KRT DvH TD