📄 Jury opening — Wednesday, August 16, 1995
Address:
C:\DEPT103\CRIMINAL\1995\AUG\16\JURY-OPENING.DOC
TRIAL
▲ Day 137 of 167

Jury opening

Date: Wednesday, August 16, 1995 • Utterances: 6
Judge Ito addressed the jury to apologize for the delayed start, explaining there was a security incident elsewhere in the building unrelated to the trial. He acknowledged the jury's frustrations with time lost to legal proceedings, then recalled Michele Kestler to the stand to resume her direct examination by Peter Neufeld.
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. Please be seated. Let the record reflect that we've been rejoined by all the members of our jury panel. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

3 THE COURT:

First of all, let me thank you again for your great endurance and patience with us. As I mentioned to you yesterday, that there were--there was a possibility that we would have a delay getting started this morning, and that's why I left you to sleep in a little this morning over at the hotel. And as luck would have it, when we got started or wanted to get started at 1:00 o'clock this afternoon, there was a security problem in another part of the building this afternoon that kept us from getting started, and we were all sitting here waiting and we just--for reasons that are beyond our control, but have nothing to do with this trial, we just couldn't get started.

And as I mentioned to you yesterday, but I don't think I can say it to you enough times, always in the back of my mind, I'm aware that you're either back there or upstairs or at the hotel and I'm always aware that we're taking your time and that court time not spent dealing with you is in your minds wasted time. And I understand your frustrations and concerns that we don't spend more time presenting evidence to you. By the same token, I think you know this is a very long and very complicated case and there are many complicated legal issues that I have to deal with every day regarding what evidence will be presented to you, and unfortunately, some of those hearings I can't take care of in 20 minutes. You've probably learned by now that I'm a very optimistic person. I always think I can do something in 20 minutes which ends up taking me an hour and a half to do as far as resolving some of those issues. And for that fault, I apologize to you. But if I think I stay optimistic, hopefully we'll finish this case soon. Please bear with us, and on behalf of both parties, I thank you for your patience in this matter. Miss Kestler, would you please resume the witness stand, please.

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

4 THE COURT:

All right. The record should reflect that Miss Michele Kestler is on the witness stand undergoing direct examination by Mr. Neufeld. Good afternoon, Miss Kestler.

5 MS. KESTLER:

Good afternoon, your Honor.

6 THE COURT:

And you are reminded you are still under oath. Mr. Neufeld, you may continue.

Temperature

routine

Key Quotes (2)

Lance A. Ito
You've probably learned by now that I'm a very optimistic person. I always think I can do something in 20 minutes which ends up taking me an hour and a half to do.
Rare moment of self-deprecating candor from the judge, acknowledging his tendency to underestimate how long legal issues take to resolve.
Lance A. Ito
Always in the back of my mind, I'm aware that you're either back there or upstairs or at the hotel and I'm always aware that we're taking your time and that court time not spent dealing with you is in your minds wasted time.
Reflects the judge's ongoing management of jury morale in a lengthy sequestered trial.

Light Moments (1)

Lance A. Ito
Ito jokes about his optimism, admitting he consistently thinks hearings will take 20 minutes but they always run an hour and a half.

Objections

None recorded
Proceeding 7340 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 16, 1995 📄 Jury opening
AUG 16, 1995 KRT DvH TD