Motion: stay of execution and gag order

📄 Motion: stay of execution and gag order — Monday, February 10, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\10\MOTION-STAY-OF-EXECUTION-AND-G.DOC

TRIAL

▲ Day 57 of 57

Date: Monday, February 10, 1997 • Utterances: 16

Following the civil trial verdict, both sides argued briefly over whether the gag order should remain in effect and whether execution of the judgment should be stayed pending post-trial motions. Judge Fujisaki lifted the gag order immediately, stayed execution for 10 days, and declined to release juror addresses to counsel — though Petrocelli's quip about everyone already having them drew a laugh.

# 1 MR. BAKER:

Yes, Your Honor. We would request on behalf of the defense that execution be stayed until the Court has ruled on post trial motions and that the gag order be in effect until post trial motions.

# 2 MR. PETROCELLI:

We would ask that the gag order be immediately extinguished. There's no further purpose in this to be served. The jury's discharged and we would oppose any stay of execution of the judgment.

# 3 THE COURT:

Is there some reason why the gag order should remain in effect at this point since the jury is discharged?

# 4 MR. BAKER:

I understand that the only possible reason is if our motion were granted and we retried the case, we've thoroughly contaminated any other juror.

# 5 THE COURT:

I don't see how that can be any different than from the end of the first.

KEY QUOTE

# 6 MR. BAKER:

You're probably right.

# 7 THE COURT:

So I will not extend the gag order. With regard to stay of execution, you may be heard.

# 8 MR. PETROCELLI:

Well, what is the -- I think the statute only called for a ten day period of time.

# 9 THE COURT:

I'll stay it for 10 days if there are additional requests being made, you may make them.

# 10 MR. PETROCELLI:

Your Honor, we would ask a -- have a motion to ask the court if you would release, to the lawyers only, the address -- names and addresses of the jurors.

# 11 THE COURT:

I'm not inclined to do that.

# 12 MR. PETROCELLI:

Only because I think everybody else has them. (Laughter.)

KEY QUOTE

# 13 MR. BAKER:

I would join that motion, Your Honor.

# 14 THE COURT:

At this time, if you can file a written application indicating everybody else has it, then let me know.

# 15 MR. PETROCELLI:

Fair enough.

# 16 THE COURT:

Okay. Mr. Petrocelli prepare the judgment.

KEY QUOTE

Temperature

routine

Key Quotes (3)

Daniel Petrocelli

Only because I think everybody else has them.

Wry admission that juror information was likely already circulating publicly, drawing laughter in an otherwise routine hearing.

Hiroshi Fujisaki

I don't see how that can be any different than from the end of the first.

Fujisaki quickly deflates Baker's rationale for keeping the gag order, and Baker concedes the point.

Hiroshi Fujisaki

Okay. Mr. Petrocelli prepare the judgment.

The final order of the civil trial, closing out the proceeding.

Notable Exchanges (2)

Hiroshi Fujisaki•Robert Baker

Baker argues the gag order should remain in case of retrial to avoid jury contamination; Fujisaki immediately questions the logic, Baker concedes.

procedural

Daniel Petrocelli•Hiroshi Fujisaki

Petrocelli requests juror names and addresses for counsel only; Fujisaki declines but leaves the door open for a written application.

light

Light Moments (1)

Daniel Petrocelli

Petrocelli's justification for needing juror addresses — 'I think everybody else has them' — drew laughter in the courtroom.

Witness Demeanor

(Laughter.)

Objections

None recorded

Proceeding 8937 • 16 utterances

Civil Trial

Department 103