📄 Witness scheduling and jury instructions — Friday, October 25, 1996
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C:\DEPT103\CIVIL\1996\OCT\25\WITNESS-SCHEDULING-AND-JURY-IN.DOC
TRIAL
▲ Day 3 of 57

Witness scheduling and jury instructions

Date: Friday, October 25, 1996 • Utterances: 15
Petrocelli's next witnesses hadn't arrived yet, so Judge Fujisaki excused the jury until 1:30. He used the break to deliver detailed admonishments about note-taking, evidence sources, and outside communications — reminding jurors they cannot conduct independent research, visit the scene, or discuss the case with anyone.
1 MR. PETROCELLI:

Your Honor, our next two witnesses are not here yet. They were supposed to be here by noon. We didn't think we'd be going this quickly. I have to apologize to the court for that.

2 MR. BAKER:

Your Honor, we better approach on this, because I think this is a significant witness.

3 THE COURT:

Jurors, you're excused until 1:30. Do you have other witnesses before them?

4 MR. BAKER:

I don't know. It's not my case.

5 THE COURT:

Well, is there any reason I shouldn't excuse them until 1:30?

6 MR. BAKER:

I don't know. If they're not coming until 1:30, of course, they should be excused.

7 MR. PETROCELLI:

They were supposed to be here by noon.

8 THE COURT:

At noon. Well, we don't plan to be in session at noon.

9 MR. PETROCELLI:

Yeah. I thought we would put them on at 1:30. I thought these four witnesses would take until 12:00.

10 THE COURT:

1:30. Leave your notebooks on the seat. The bailiff is going to collect them and lock them in the cabinet. They're your private notes. You are not to take them home; you're not to work on notes at home. You know why? Because you're only supposed to get your evidence at trial, and you're not supposed to form or express any opinions about this case until the case is finally over and you're in the deliberation room, deliberating. That means you don't go home and work on the case. Everybody understand that?

11 JURORS:

(Nod affirmatively.) Yes, sir.

12 THE COURT:

Okay. Also, since we have a few minutes here, let me reiterate what I've told you before. You cannot get your evidence from any other source. That means the only place you're going to get your evidence from is where we're getting it right now: From the witness stand, from the exhibits that the parties are offering. And that's the only place. You can't go and conduct your own research; you can't go do your own detecting. You can't go to the scene. You can't look at reference books, medical books or anything like that. Everything you learn about this case and everything you use to reach your decision in the case has to be through the trial, and only through the trial. Everybody understand that?

13 JURORS:

Yes.

14 THE COURT:

Now, you're going to be going home over the weekend. You've been going home every night. You're again admonished not to talk to anyone about this case. Don't talk to your family, close friends or not-too-close friends. Don't talk to anybody about this case. Don't form or express any opinions about this case, as I said, until the case is finally given over to you for your decision. Now, if we're not in session and you go back to work for a day or two, or whatever period of time, or you're going anywhere else, you may be subjected to all sorts of inquiries. You are instructed and ordered to turn away any inquiry. Just tell them you cannot talk about it and you won't talk about it. If anybody forces themselves on you, or try to force opinions upon you, please notify me at your earliest possible convenience, write it down in a note and give it the to the bailiff. That would be a crime on the part of anyone out in the audience or anyone else, to try to talk to you about this case. They would be interfering with the process of justice. So please advise me if anything like that happens. All right. See you at 1:30. Thank you.

(Luncheon recess taken at 10:55 a.m.) SANTA MONICA, CALIFORNIA FRIDAY, OCTOBER 25, 1996 1:40 P.M. DEPARTMENT NO. WEQ. HON. HIROSHI FUJISAKI, JUDGE

15 (REGINA D. CHAVEZ, OFFICIAL REPORTER)

Temperature

routine

Key Quotes (3)

Hiroshi Fujisaki
Everything you learn about this case and everything you use to reach your decision in the case has to be through the trial, and only through the trial.
Core jury instruction on evidence sources, reinforcing trial integrity
Hiroshi Fujisaki
That would be a crime on the part of anyone out in the audience or anyone else, to try to talk to you about this case. They would be interfering with the process of justice.
Fujisaki explicitly warns of criminal consequences for juror tampering, reflecting the high-profile pressure surrounding this trial
Daniel Petrocelli
I have to apologize to the court for that.
Rare moment of Petrocelli being caught flat-footed — witnesses weren't ready despite the trial moving faster than expected

Notable Exchanges (1)

Daniel PetrocelliHiroshi FujisakiRobert Baker
Petrocelli apologizes that witnesses aren't present; Baker deflects any responsibility ('It's not my case'); Fujisaki moves efficiently to excuse the jury.
procedural

Witness Demeanor

(Jurors nod affirmatively.)
(Luncheon recess taken at 10:55 a.m.)

Objections

None recorded
Proceeding 8027 • 15 utterances
Civil Trial
Department 103
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📂 OCT 25, 1996 📄 Witness scheduling and jury in
OCT 25, 1996 KRT DvH TD