In view of the Court's order, in view of what happened last night, in view of what's going to happen when this dismissed juror is going to be inundated with requests from the media about what has happened during the course of two and a half days of deliberation, I would request that the jury be sequestered so that they can complete their deliberations in peace. I am extremely concerned about the possibility that there's going to be intensive efforts to contact this excused juror to go over each and every facet of the deliberations; straw votes, you know. You just have to watch TV the last couple of nights to see how difficult it's been. I'm increasingly concerned about efforts on the part of some of the members of the criminal jury to contact members of the civil jury. We've come too far and have too much invested and I think that caution dictates that we sequester the jury and allow them to complete their deliberations. And I hereby request that the Court do so.

Well, this being a civil case, the Court, one, doesn't know what authority it has to do that and No. 2, the Court is unaware of any basis on which the Court can authorize the expenditure of public funds for that purpose.

The Court has the inherent power to control the order-- any conduct of these proceedings, Your Honor. These jurors are going to be subjected to extraordinary blasts of publicity about their deliberations. I think it's unprecedented. And despite every effort to stay away from any publicity -- in addition, Your Honor, we've had efforts to contact these jurors and I'm very concerned about this. I don't want there to be a mistrial in this case. Court has the power to control the proceedings.

All right. The Court will order those chambers proceedings then sealed at this time until this matter is completed. Court is not going to sequester the jury.

Judge, what about, perhaps, if the jurors agree to it, asking them to continue their deliberations through the weekend, at least so that they would continue on where they are right now, at least avoid some of this.

Not on that matter, I'm not. But I think it might be a good idea.

Are you bringing the jury in? Ready for the jury and the alternates?

I'm bringing out the jury panel.

The alternates and the jury panel.

THE BAILIFF: Ladies and gentlemen, I have the jury walking into the box. I'd like it completely quiet in the courtroom. Alternates are on their way up. We are waiting for the alternates. (Jurors resume their respective seats.) (The following proceedings were held in open court in the presence of the jury.)

Okay the clerk will place the name of the alternates in the box and draw therefrom one name -- or one number, I should say.

Juror No. 369. JUROR: Yes.

Juror No. 369, you are now seated in seat No. 7. You don't have to take it now. (Juror reassumes seat No. 7)

Okay. (Reading:). Ladies and gentlemen of the jury, a juror has been excused for legal cause and replaced with an alternate juror. You're not to speculate or consider for any purpose the reason for such excuse. The law grants each party in this case the right to a verdict reached only after full participation of all jurors who ultimately return the verdict. This right may be assured in this case only if the jurors begin the deliberations again from the beginning. You are therefore instructed to disregard and put out of your mind all past deliberations and begin deliberating anew. This means that each remaining juror must set aside and disregard the earlier deliberations as if they had not taken place. You shall now retire for your deliberations in accordance with the instructions previously given.

Deputy Shaw, will you please escort them to the jury deliberation room, remaining alternates, we will escort you down back down to your jury room. (Jurors begin deliberations anew at 10:01 am) (Alternates exit courtroom) (Recess at 10:35 am) (Jurors resume deliberations at 10:52 am) (Proceedings resume in chambers at 11:46 am) (The following proceedings were held in chambers, outside the presence of the jury.)

There's certain information that was in the letter that the only people that were privy to were -- (Mr. Leonard enters chambers)

Oh, there he is. We just started.

Okay.

There is certain information that was in the letter that the only people that were privy to were the clerk Erin, myself, the author, the reporter. I don't think the reporter even saw it.

THE COURT REPORTER: (Nods in the negative).

Reporter did not see it--and counsel. And within a few minutes I got a telephone call from the DA's office complaining that there were reporters camped out in front of the home of the daughter. And the only place where the name of the daughter and the juror was mentioned was in that letter. I didn't say it on the record, I didn't say it out there (indicating to courtroom) and I also, at the very last when Mr. Petrocelli asked that the jurors be sequestered, I said because of the fact that I'm concerned about the security of the jury, I'm ordering these proceedings sealed. Now, I could only control what is in front of me. Okay. That is counsel and whatever occurs in my courtroom. And I thought my order precluding counsel from disseminating any information to -- particularly sealed information, was clear. But I'm going to reiterate it again. Anytime the Court seals any proceedings, counsel are ordered not to disclose to anyone the content of that sealed order. And I am further ordering counsel to direct their associates and employees of their law firms not to disseminate any of that information. I don't know how it got out there. I'm very concerned that the only way that could have gotten out so fast was that it came from somebody connected with the proceedings that we had in chambers. (Mr. Brewer enters chambers.)

I'd like to point out this is the third or fourth time we've had a sealed chambers conference and immediately it was known to members of the press. I got to my hotel, I turned on the TV, this story was all over CNN including all the names. I don't even remember the names in that letter. But it was immediate.

MR. P. BAKER: I can assure you the leakage isn't coming from the defense. The implication on the news is that the defense had something to do with it.

The story was that the District Attorney's Office was somehow behind messing around with this jury and there was --

Well, what I'm trying to get across to all counsel is that if it's leaking through your office, I think you have a duty to stop that.

Absolutely.

And I'm very reluctant to take punitive action against any lawyer or any lawyer's office. And I don't want to. But you know what I'm saying, I don't pose this as a challenge to anybody to test me. I don't want to be tested. I just want to get this case over with and go on with my life.

Has Your Honor considered whether there's anybody here who was privy to this information?

The only person that had information are, other than the people who originated it to me, that's Erin, myself and the lawyers who saw the letter. That's it. Nobody else. I didn't even say it out loud.

It's not even on the record?

It's not on the record. So it has to come from in here somewhere and you know it's just not the lawyers, the lawyers themselves that -- what is being discussed in the law office and it's going out and there's somebody in your law office that, for whatever reason, is getting it out fast. I don't know why. There have been occasions, other instances where they are rewarded for that information, the disseminators, whoever they are, but I don't know. But I'm just saying, you know, I'm going to go where it leads me. If it leads me anywhere, I hope it doesn't lead me anywhere, but please don't test me, okay? And you have the order and would you convey it to your respective staff that the order is, do not disseminate any information regarding the sealed proceedings, especially at this stage of the proceedings. And I'm concerned because the whole idea of sealing these proceedings was for protection of, and the preservation of the privacy of the jurors.

Absolutely.

If we cannot preserve that, I think we're going to have to think of some alternative way of handling these matters. Okay. Thank you.

Thank you.

THE COURT REPORTER: Are these proceedings sealed?

Yes. Excuse me.

Guys, Phil, Mike.

You know, this portion, I am not going to seal. I'm going to let this out so that the press knows that I'm concerned and that I am standing ready to take whatever necessary action.

MR. P. BAKER: Okay.

MR. KELLY: Okay. (Proceedings concluded at 11:52 am.) (At 12 pm a recess was taken until 1:33 pm. of the same day.) (Jurors resume deliberations at 1:33 pm) (Recess at 3:03 pm) (Jurors resume deliberations at 3:23 pm) (The following proceedings were held in open court, in the presence of the jury.) (Jurors resume their respective seats.)

It's about 3:15 (sic) ladies and gentlemen. We're about to adjourn. Before we adjourn, some things that I would like to instruct you about, to discuss with you. First of all, as you know, one of your number was excused today. And it has been my information that it is possible that she may be giving an interview on television or some news media. Jurors are under a duty not to discuss this case while this case is still pending. And it would be in the Court's opinion irresponsible of any media, particularly where the jurors are not sequestered, you're not locked up in a hotel room where we have somebody sit on you every minute and make every effort to control what goes on in your minute by minute life. Where jurors are not sequestered, it would appear to this Court that it would be irresponsible of the media whether it be television, radio or press to broadcast or publish any statement by a discharged juror about the case. And in any respect while the case is still pending. Particularly where there is the possibility that through inadvertence, even if jurors are following the Court's instructions about not allowing themselves to be exposed to news that by accident--where the possibility exists that whatever statement or interview that a discharged juror may give, might come upon an unsuspecting sitting juror and possibly affect a sitting juror. I think a responsible media would not risk the integrity of this trial and this jury, particularly where so much time and effort has been expended by many people on both sides of this case, by the jurors and by the Court and court staff, that to come this far to allow any damage or any deterioration of the integrity of this trial process. So it's the Court's hope that the media would exercise restraint and not do this thing but I'm also a realist and I am duty bound to make every effort to ensure that the jury is not affected by what may transpire. I'm satisfied that you jurors have followed the Court's instructions in not watching television, broadcasts, radio broadcasts, reading any press material, regarding this case. What I want to do at this point, since I have decided not to sequester you, not to put you in the lock down but to continue to abide in your good faith and your willingness to follow the Court's instruction, that I am going to order you not to -- and this maybe hard but since you've come this far, I don't think it's unreasonable for me to ask you to do this. I will order you not to watch television, not to listen to the radio, not to read a -- read the newspapers, magazines or tabloids while you are still on this case deliberating. I know that is very hard. But you understand that what the Court is attempting to do is to provide every mechanism by which we can avoid your accidentally being exposed to anything. You know, we've all seen how television works. You're watching something and bam they come out with something about, you know, 8 o'clock we're going to show this or we're going to show that about so and so. And they throw these teasers out and it's going to hit you in the face. Even though you have the best intentions of not being -- best intentions of not watching these things. So you all understand why I am making this order? JUROR: Yes, sir. (Jurors nod.)

In addition, you're ordered to and I request that you advise your family and friends not to mention anything about this case to you. Tell them it's very important and the Court's ordered you to tell them not to make any reference about this case to you and any matter whatsoever such as oh, did you hear so and so said such and such about this case, things like that, while you're still on this case deliberating, until such time as you're discharged from this jury. I've instructed you at the time that we excused the previous juror and substituted an alternate juror that you were to begin your deliberations anew. And that whatever deliberations you had prior to that time is null and void and is erased from your consideration. Have all of you followed that instruction? JUROR: (Nod in the affirmative.)

Okay. Then you will disregard and not consider anything that took place prior to that time that the new juror was substituted in. Everybody agree and understand that? JUROR: (Nod in the affirmative) Yes.

Okay. Do I have your solemn promise that you will obey my instructions; not watch television, not to listen to the radio, not read anything about this case while you are deliberating and still on this case? JUROR: Yes. Can we have our paper censored and left in the courtroom that --

I will order that. JUROR: Thank you.

Okay. I know this is very hard. I think this is what I wish to do rather than to sequester you, to put you into a hotel room and have somebody sit on you, I'm relying upon your integrity and your promise to follow the Court's instructions in that regard. It's unfortunate that we have come to this passe, but sometimes in a long trial because of the length of the trial and because of the inordinate amount of interest that apparently exists, things sometimes unravel. I'm trusting in you to follow the Court's orders so that it does not unravel, that we continue on this case and reach, if we can, a completion of this case. Okay. One other reminder about contacts. Don't let anybody contact you. Don't -- Have somebody screen your calls, if you think you got a call that sounds like it's somebody trying to get to you within your capacity as a juror, hang it up. Have somebody check your mail, make sure that you're not getting mail that is being directed to you as a juror on this case. If you have faxes, have somebody screen those faxes. I hope you have a good weekend. I know without television maybe you'll be able to read that novel that you have been wanting to read or rent a video and watch a movie that you've been wanting to watch. But I'm sorry that I have to ask you to do these things. And I appreciate the fact that you're willing to do that. Have a nice weekend. JUROR: Thank you. (At 4:29 P.M. an adjournment was taken until Monday February 3, 1997 at 8:30 A.M.)