📄 Court adjournment — Thursday, August 17, 1995
📅 Aug 17 — Day 138
juryscheduling
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C:\DEPT103\CRIMINAL\1995\AUG\17\COURT-ADJOURNMENT.DOC
TRIAL
▲ Day 138 of 167

Court adjournment

Date: Thursday, August 17, 1995 • Utterances: 3
Judge Ito excuses the jury for a day-and-a-half recess due to scheduling difficulties with out-of-state witnesses. He softens the news with humor, telling the jury there is 'light at the end of the tunnel' — the defense anticipates wrapping its case by Monday, August 28th — while noting he will spend 20-30 hours personally preparing for an unspecified legal issue during their time off.
1 (The following proceedings were held in open court:)
2 THE COURT:

All right. Ladies and gentlemen, good news and bad news. I'll let you contemplate that concept for a few moments. I don't know if I should tell you the good news first or the bad news and I can't figure out which is which at this point. The good news is that the Defense tells me that if we go according to schedule, and of course depending on the variabilities of cross-examination, they anticipate calling their last witness on Monday, August the 28th, which is a week after next, the Monday after the week after next. That's the good news. And I've asked the Prosecution to begin scheduling their rebuttal witnesses for the week of August the 28th. So there's light at the end of the tunnel. That's the good news. Bad news is, the witnesses who are scheduled next in order are from out of state, and we've had scheduling difficulties and we're not going to be able to present you any further witnesses today and tomorrow. So you're going to have a long day tomorrow to--and I've told the sheriff's about this, and hopefully we'll use the time to finish up any personal errands that you have, any additional trips to target and all of that. So we'll try to see if we can't get you out to the beach for an extra day or some other activity. I apologize to you, but as you know, as I mentioned to you when we started the case, these things happen. There are scheduling problems. Also, there's a legal issue that I need to address with the lawyers, and my anticipation is, it will probably take me personally perhaps 20 to 30 hours of working to prepare for that hearing. So while you are taking care of personal business and going to the beach tomorrow and all of that, I'll be here working as usual. So it's not that we are sitting around wasting time. We'll also take the time, remainder of today to take care of some other legal issues and we'll put the time to good use in your absence. But we just don't have any other witnesses to present to you at this time. I'm sure you understand this has been a long trial and sometimes when you have witnesses coming from far distances, it's hard to make these arrangements, and that's what happened to us today. But there is light at the end of the tunnel. I've told the lawyers we need to pick up the pace a little once we get the witnesses here because I would like to see this jury as it sits today decide this case. All right. Remember my admonitions to you; don't discuss the case amongst yourselves, form any opinions on the case, conduct any deliberations until the matter has been submitted to you or allow anybody to communicate with you with regard to the case. As far as the jury is concerned, we'll stand in recess until Monday morning, 9 o'clock. We'll stand in recess.

3 (At 1:50 P.M., an adjournment was taken until, Monday, August 21, 1995, 9:00 A.M.)

Temperature

routine

Key Quotes (3)

Lance A. Ito
There is light at the end of the tunnel. I've told the lawyers we need to pick up the pace a little once we get the witnesses here because I would like to see this jury as it sits today decide this case.
Signals the judge's concern about jury continuity and his intent to push toward a verdict without empaneling alternates.
Lance A. Ito
I'll be here working as usual. So it's not that we are sitting around wasting time.
Ito manages jury goodwill by contrasting their beach day with his own 20-30 hours of legal prep work.
Lance A. Ito
Good news and bad news. I'll let you contemplate that concept for a few moments. I don't know if I should tell you the good news first or the bad news and I can't figure out which is which at this point.
Sets the informal, self-deprecating tone Ito uses to soften a frustrating scheduling announcement.

Light Moments (2)

Lance A. Ito
Judge jokes about jury running personal errands and making 'additional trips to target' during their forced day off, then offers to arrange a beach outing.
Lance A. Ito
Ito openly admits he cannot decide which is the 'good news' and which is the 'bad news,' playing up the ambiguity for the jury.

Objections

None recorded
Proceeding 7357 • 3 utterances
Criminal Trial
Department 103
⚖️ Start
📂 AUG 17, 1995 📄 Court adjournment
AUG 17, 1995 KRT DvH TD