Jury status discussion

📄 Jury status discussion — Thursday, April 6, 1995

Address:

C:\DEPT103\CRIMINAL\1995\APR\6\JURY-STATUS-DISCUSSION.DOC

TRIAL

▲ Day 53 of 167

◀ Administrative matters Motion: videotape evidence admissibility ▶

Date: Thursday, April 6, 1995 • Utterances: 6

Judge Ito called court back on the record to announce that two jurors were ill and unable to attend. Rather than replace them with alternates — given the trial's length and the limited number of alternates remaining — the court decided to recess for the day and wait for the jurors to recover.

# 1 THE COURT:

ALL RIGHT. BACK ON THE RECORD IN THE SIMPSON MATTER. MR. SIMPSON IS AGAIN PRESENT BEFORE THE COURT WITH HIS COUNSEL, MR. SHAPIRO, MR. COCHRAN, MR. BLASIER, MR. NEUFELD, MR. SCHECK, PEOPLE REPRESENTED BY MISS CLARK, MR. DARDEN AND MR. GOLDBERG. THE MATTER IS HERE FOR TRIAL. THE JURY IS NOT PRESENT. COUNSEL, THIS MORNING, I WAS ADVISED BY THE SHERIFF'S DEPARTMENT THAT TWO OF OUR JURORS ARE NO GO MEDS AND THAT THEY WILL NOT BE ABLE TO COME TO COURT TODAY.

UNDER MOST CIRCUMSTANCES, WE WOULD REPLACE THOSE JURORS WITH ALTERNATES. HOWEVER, GIVEN THE LENGTH OF THIS TRIAL AND THE NUMBER OF ALTERNATES THAT WE HAVE AVAILABLE, IT WOULD BE THE COURT'S INCLINATION TO STAND IN RECESS TODAY AS FAR AS THE EVIDENCE PRESENTATION IS CONCERNED AND HOPE THAT THE JURORS RECOVER TO COME TO COURT TOMORROW. AND I WILL ADVISE YOU BY THE CLOSE OF BUSINESS TODAY AS TO THEIR STATUS. ANY COMMENT FROM THE PEOPLE?

# 2 MS. CLARK:

NO, YOUR HONOR.

# 3 THE COURT:

ANY COMMENT FROM THE DEFENSE?

# 4 MR. COCHRAN:

YES, YOUR HONOR. WE WOULD ENDORSE THAT COURSE OF CONDUCT. WE THINK THAT GIVEN THE LENGTH OF THE TRIAL AND STATUS OF ONLY HAVING SIX ALTERNATES, WE WOULD LIKE TO SEE THEM RECOVER HOPEFULLY AS SOON AS POSSIBLE.

KEY QUOTE

# 5 THE COURT:

ALL RIGHT. I'LL ASK THAT THE SHERIFF'S DEPARTMENT GIVE ME AN UPDATE AT NOON TODAY.

# 6 MR. COCHRAN:

VERY WELL, YOUR HONOR.

Temperature

routine

Key Quotes (2)

Lance A. Ito

TWO OF OUR JURORS ARE NO GO MEDS AND THAT THEY WILL NOT BE ABLE TO COME TO COURT TODAY.

Explains the reason for the day's recess — juror illness.

Johnnie Cochran

WE WOULD ENDORSE THAT COURSE OF CONDUCT. WE THINK THAT GIVEN THE LENGTH OF THE TRIAL AND STATUS OF ONLY HAVING SIX ALTERNATES, WE WOULD LIKE TO SEE THEM RECOVER HOPEFULLY AS SOON AS POSSIBLE.

Defense agrees with the court's cautious approach to preserving alternates, reflecting anxiety about juror attrition in a prolonged trial.

Notable Exchanges (1)

Lance A. Ito•Johnnie Cochran

Court proposed holding the jury in recess rather than using alternates; defense quickly agreed, both sides aligned on conserving the dwindling alternate pool.

cooperative

Objections

None recorded

Proceeding 5622 • 6 utterances

Criminal Trial

Department 103