Out of jury: procedural discussion

📄 Out of jury: procedural discussion — Monday, April 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\17\OUT-OF-JURY-PROCEDURAL-DISCUSS.DOC

TRIAL

▲ Day 58 of 167

◀ Sidebar: jury inquiry procedures Jury admonition and adjournment ▶

Date: Monday, April 17, 1995 • Utterances: 13

Judge Ito paused a planned inquiry into alleged juror misconduct to research whether OJ Simpson has a legal right to be present during the hearings. With only ten minutes left in the day, he postponed the juror inquiry until the following day at 4:30 PM, and briefly discussed how to address the waiting jurors without alarming them.

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

# 2 THE COURT:

Back on the record in the Simpson matter. The Defendant is again present before the Court with his counsel. The People are represented. The jury is not present. The public is not present. Counsel, prior to getting started with our inquiry with the jurors regarding alleged misconduct, et cetera, et cetera, a demand has been made that the Defendant be present during the course of these hearings. This sounds unusual to me and I would like to do some legal research before we begin our hearings. The Defense has given me a case that indicates that he is entitled to be present during inquiry of the jurors. I need to research that. My inclination, since it is ten minutes to 5:00 and we worked a full day today, that we put over our inquiry of the jurors starting tomorrow at 4:30. Any comment?

# 3 MS. CLARK:

Only one, since I'm afraid that someone took off with the copy of the memo from counsel, could counsel please cite the case?

# 4 THE COURT:

We will have a copy made for you. One of the busy bees will make it. I have to tell you my inclination right now is to grant Mr. Simpson's request to be present, but I don't have a case that says directly in this particular situation we have to do that.

# 5 MS. CLARK:

Thank you, your Honor.

# 6 THE COURT:

All right. Let's have the jurors, please.

# 7 MS. CLARK:

What time will we take it up tomorrow?

# 8 THE COURT:

Same time, 4:30.

# 9 MR. DARDEN:

Are you going to say something to them to put them at ease?

# 10 THE COURT:

Yes. I'm going to bring them out and tell them there is a legal reason I am not ready to talk to them yet.

# 11 MR. DARDEN:

And don't worry, be happy, or something like that?

KEY QUOTE

# 12 MS. CLARK:

Something like that.

# 13 THE COURT:

I will think of something.

Temperature

routine

Key Quotes (2)

Lance A. Ito

My inclination right now is to grant Mr. Simpson's request to be present, but I don't have a case that says directly in this particular situation we have to do that.

Judge signals likely ruling on Simpson's presence rights before completing his research.

Christopher Darden

And don't worry, be happy, or something like that?

Rare moment of levity — Darden joking about what Ito should tell the sequestered jurors.

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Clark asked for a citation to the defense case on Simpson's right to be present; Ito agreed to provide a copy.

procedural

Light Moments (1)

Christopher Darden

Darden suggested Ito tell the jurors 'don't worry, be happy,' prompting mild agreement from Clark and Ito.

Objections

None recorded

Proceeding 5718 • 13 utterances

Criminal Trial

Department 103