Jury retires to deliberate

📄 Jury retires to deliberate — Friday, February 7, 1997

Address:

C:\DEPT103\CIVIL\1997\FEB\7\JURY-RETIRES-TO-DELIBERATE.DOC

TRIAL

▲ Day 56 of 57

◀ Jury instruction: punitive damages Jury verdict: punitive damages ▶

Date: Friday, February 7, 1997 • Utterances: 16

The jury retired to begin deliberations, with twelve sworn jurors sent to the deliberation room and alternates separated to a different room. Judge Fujisaki admonished plaintiff's counsel John Kelly about being available on one-hour call, referencing a prior incident where counsel was absent for a verdict. The jury was then sent home for the weekend with instructions to return Monday, February 10, 1997.

# 1 THE BAILIFF:

Thank you, Your Honor. Will deliberating jurors, if you'll get your notebooks and personal property, we'll retire to the jury deliberation room. Our alternates, give me your notebooks. Thank you. And Deputy Shaw will take you downstairs to your jury room.

(Twelve jurors exited to the jury deliberation room.).

# 2 (Alternate jurors retired to a separate jury room.)

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

# 4 THE COURT:

The jury has left the courtroom. The attorneys are ordered to be here in court on one-hour call. I don't want a repeat of the last verdict call, Mr. Kelly.

# 5 MR. KELLY:

My clients are remaining here.

# 6 THE COURT:

I'm not concerned about your clients; I'm concerned about counsel being here.

# 7 MR. KELLY:

I will certainly be here, Your Honor.

# 8 THE COURT:

And the Court has not taken any action with regards to your failure to abide by the Court's previous order. And I shan't go through that again.

# 9 MR. KELLY:

Yes, Your Honor.

# 10 THE COURT:

Okay. Thank you.

# 11 (At 3:40 a recess was taken)

# 12 (Twelve sworn jurors resume their respective seats.)

# 13 (The following proceedings were held in open court, outside the presence of counsel and the alternate jurors.)

# 14 THE COURT:

Okay. Ladies and gentlemen, we're going to adjourn for the evening and have you come back Monday at 8:30. Remember where you are in this case, don't jeopardize the distance you've come. Don't talk about the case, don't read anything, don't watch anything on TV, don't let anybody try to get next to you and talk about the case. Don't read any newspapers. Okay. You've done a good job in concentrating your efforts and keeping yourself from being affected by outside influences. Stay that way. I almost hate to let you go home since it's a weekend. That's two days without supervision but I am trusting you to obey the Court's orders in that regard. Okay. So thank you very much. We'll see you Monday at 8:30.

# 15 JUROR:

Thank you.

# 16 (At 4:32 P.M. an adjournment was taken until Monday, February 10, 1997 at 8:30 A.M.)

Temperature

procedural

Key Quotes (2)

Hiroshi Fujisaki

I don't want a repeat of the last verdict call, Mr. Kelly.

Fujisaki publicly reprimands Kelly for a prior failure to be present when a verdict was called, signaling his strict expectations for counsel availability.

Hiroshi Fujisaki

I almost hate to let you go home since it's a weekend. That's two days without supervision but I am trusting you to obey the Court's orders in that regard.

Fujisaki's characteristic dry tone — acknowledging the risk of juror exposure over a weekend while framing it as a trust exercise.

Notable Exchanges (1)

Hiroshi Fujisaki•John Kelly

Fujisaki put Kelly on notice about being on one-hour call and referenced a prior failure to appear for a verdict, then noted he had not yet taken action on that prior violation but warned it would not be repeated.

tense

Light Moments (1)

Hiroshi Fujisaki

Fujisaki jokes that he almost hates to let the jurors go home for the weekend because it means two days without supervision.

Objections

None recorded

Proceeding 8934 • 16 utterances

Civil Trial

Department 103