Jury greeting

📄 Jury greeting — Monday, April 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\17\JURY-GREETING.DOC

TRIAL

▲ Day 58 of 167

◀ Stipulations and motions Cross-examination of Dennis Fung (part 1) ▶

Date: Monday, April 17, 1995 • Utterances: 5

Judge Ito opens court before the jury, apologizes for the late start caused by out-of-presence legal matters, and adjusts the lunch recess to 1:00 PM to recover lost time. He also announces that he will begin conducting individual private interviews with each juror over the coming afternoons to address unspecified issues that have been brought to his attention. Dennis Fung then resumes the witness stand.

# 1 (The following proceedings were held in open Court, in the presence of the jury:)

# 2 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Let the record reflect we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 3 THE COURT:

First of all, let me apologize to you. Mr. Fung, would you have a seat, please. Let me apologize to you again for our late start this morning. We had some matters that I had to take up out of your presence. I did not anticipate that they would take so long. I trust we all had an interesting and entertaining weekend?

THE JURY: Yes.

# 4 THE COURT:

Good. All right. Thank you. Also, at the--because we have lost some time this morning, we are going to reconvene at one o'clock rather than our usual 1:30, so a little quicker lunch hour, but I would like to get as much time in front of the jury as possible. Also, some matters that have come up that have been brought to my attention regarding specifically issues that impact our jurors, and it will be necessary for me to talk to each one of you individually and I'm going to start that process this afternoon, so when we recess Court for the day, I'm going to call you in one at a time. I anticipate being able to get to perhaps maybe three or four of you every afternoon between 4:30 and 6:00 for the next several days, and I will take you in order starting with juror no. 1 and I need to discuss some matters with you--each of you privately with a few of the lawyers present, so just so you understand what will be going on. All right. Mr. Fung.

Dennis Fung, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

# 5 MR. GOLDBERG:

Your Honor--

Temperature

procedural

Key Quotes (2)

Lance A. Ito

Also, some matters that have come up that have been brought to my attention regarding specifically issues that impact our jurors, and it will be necessary for me to talk to each one of you individually

Signals emerging jury management issues — individual juror interviews are unusual and suggest potential juror misconduct, bias concerns, or external contact problems.

Lance A. Ito

I anticipate being able to get to perhaps maybe three or four of you every afternoon between 4:30 and 6:00 for the next several days

The scale of the interviews — spanning several days — suggests the juror issues are not trivial.

Notable Exchanges (1)

Lance A. Ito•The Jury

Judge greets jury, apologizes for late start, and announces shortened lunch hour and upcoming individual juror interviews.

cordial

Light Moments (1)

Lance A. Ito

Judge asks if the jury had 'an interesting and entertaining weekend' and the jury responds affirmatively.

Objections

None recorded

Proceeding 5725 • 5 utterances

Criminal Trial

Department 103