📄 Jury instruction: trial delay — Tuesday, August 15, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\15\JURY-INSTRUCTION-TRIAL-DELAY.DOC
TRIAL
▲ Day 136 of 167

Jury instruction: trial delay

Date: Tuesday, August 15, 1995 • Utterances: 4
Judge Ito addresses the jury after a long day of waiting, apologizing for a delay caused by unspecified legal and evidentiary issues. He cryptically notes the matter involves 'my personal participation further in this trial,' hinting at a potential recusal or challenge to his role, and warns the jury there may be further delay the next day before releasing them for the evening.
1 (The following proceedings were held in open court, in the presence of the jury:)
2 THE COURT:

All right. Thank you, ladies and gentlemen. The record should reflect we've been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.

3 THE JURY:

Good afternoon.

4 THE COURT:

First of all, let me apologize to you for having kept you on ice so long today. I need to discuss with you what the problem is and--because obviously you folks have volunteered to give us your time to serve as trial jurors in this case, and you're entitled to as detailed an explanation as i can give to you for the reasons behind the delay. Unfortunately, it has to do with legal issues and admissibility of evidence, the proceedings that we've been engaged in since 9:00 o'clock this morning, the nature of what i can not discuss with you. But i want you to know that it is a--an important decision that has to be made, and i must tell you that it involves my personal participation further in this trial. So it is a matter of concern and something that i need to deal with very carefully. And i apologize to you most sincerely on behalf of myself, the court, and the parties for the delay, but it's an issue that i have to resolve before we can proceed further. And it may involve further delay tomorrow just to let you know. So if you have a good supply of books, bring a couple of extra--what do they call it of yarn--skeins. Bring a couple of extra skeins with you, bring your crossword puzzles. We may or may not be able to proceed tomorrow morning. But i just want you to know that i know that you're up there waiting for us and i'm aware that you're back there waiting, and it causes me great anxiety every day that i--because i know you're there and you're waiting for us to do something. And i've alerted the sheriff's that there's a possibility we may not use you tomorrow to make arrangements to take you to target to go shopping on an extra day or something, but to be available to do that. And i apologize to you profusely. At the end of the trial, as i indicated to you, we'll have some of the news coverage available to you so you can go back and refresh your recollections as to just what it was that occurred back on august the 15th that caused this delay. I apologize for not being able to give you a better explanation, but please trust me that it is something that is important. All right. I'm going to release you for the evening. Remember all my admonitions to you; don't discuss the case amongst yourselves, don't form any opinions about the case, don't allow anybody to communicate with you, don't conduct any deliberations until the matter has been submitted to you. You all have a good evening. Hopefully i'll see you tomorrow morning with witnesses. All right. All right. As far as the jury is concerned, we'll stand in recess, and we'll reconvene in 10 minutes.

Temperature

routine

Key Quotes (3)

Lance A. Ito
it involves my personal participation further in this trial. So it is a matter of concern and something that i need to deal with very carefully.
Ito hints that the day-long delay may involve a challenge to his own continued role as judge — an unusual and significant admission to make directly to the jury.
Lance A. Ito
At the end of the trial, as i indicated to you, we'll have some of the news coverage available to you so you can go back and refresh your recollections as to just what it was that occurred back on august the 15th that caused this delay.
Confirms the jury is sequestered and shielded from news; Ito promises a post-trial debrief on today's events, underscoring how significant yet undisclosable the issue is.
Lance A. Ito
if you have a good supply of books, bring a couple of extra--what do they call it of yarn--skeins. Bring a couple of extra skeins with you, bring your crossword puzzles.
Humanizing aside that reveals Ito's awareness of and concern for juror morale during a sequestered, drawn-out trial.

Notable Exchanges (1)

Lance A. ItoThe Jury
Ito delivers an extended apology for the day's delay, disclosing that it involves admissibility issues and — strikingly — his own role in the trial, without elaborating further. The jury responds only with a collective 'Good afternoon.'
measured, apologetic

Light Moments (1)

Lance A. Ito
Ito jokes that the jury should bring extra skeins of yarn, crossword puzzles, and suggests the sheriff may take them shopping at Target if court doesn't reconvene the next day.

Objections

None recorded
Proceeding 7319 • 4 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 15, 1995 📄 Jury instruction: trial delay
AUG 15, 1995 KRT DvH TD