📄 Jury entry and procedural matters — Friday, August 25, 1995
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C:\DEPT103\CRIMINAL\1995\AUG\25\JURY-ENTRY-AND-PROCEDURAL-MATT.DOC
TRIAL
▲ Day 142 of 167

Jury entry and procedural matters

Date: Friday, August 25, 1995 • Utterances: 9
Judge Ito opens court by informing the jury they have surpassed the Manson trial jury's sequestration record, offers words of appreciation for their endurance, and explains that he will work through the weekend on a significant pending legal issue to avoid further delays. He notes Marcia Clark's absence but confirms the prosecution will proceed, then recalls Dr. Henry Lee to the stand to resume direct examination by Barry Scheck.
1 (The following proceedings were held in open court, in the presence of the jury:)
2 THE COURT:

All right. Ladies and gentlemen, why don't you have a seat. All right. Let the record reflect we've been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

3 THE COURT:

I don't know quite how to tell you this. You have a rather unusual distinction as a sequestered jury. As you know, you've been sequestered since mid-January, and as of yesterday, you have surpassed the amount of time that the mansion jury, if you recollect from 20 years ago, was in sequestration. So some kind of a dubious record I'm sure. In talking to some of you individually and in observing you, I know that you are very tough and tenacious group of people. I know that you've made a commitment to see this matter through and I know that you are disappointed with the delays that we've had, but I'm sure after I've tried to explain them to you, you understand that there's certain things that just have to be taken up out of your presence and that take a substantial amount of time unfortunately. I want you to know that I've expressed again my concern to the lawyers for both sides that we move this case along at a little faster pace. Before me right now, there is a very significant legal issue that I'm going to have to spend a considerable amount of time considering outside your presence, but I'm going to be doing that this Friday afternoon and I anticipate working on these matters over the weekend both Saturday and Sunday so that we don't take up jury time for those matters. I want you to know we're very cognizant of the demands that we've made upon you. I know that this has not been an easy experience for any of you. Probably fun for about the first eight hours. Then after that, it became real tough. But each of you has shown us by your endurance and by your cheerfulness every day when you come in here that you're still with us. But I want you to know we appreciate the burden we've placed upon you and the demands and restrictions that we've placed upon you. This is much wore than being in the army I'm sure from your perspective. But I want you to know that each and every person involved in the Prosecution and the Defense in this case appreciates your sacrifices and they will keep that in mind in the future as they prepare their examinations of witnesses and will hopefully keep their examinations to what is absolutely necessary. All right. Having said that, also, Miss Clark, one of the lead Prosecutors, is not available today. However, the Prosecution has decided to proceed in her absence, and she can read the transcript and/or see it on TV to catch up with us. All right. Dr. Lee, would you resume the witness stand, please.

4 DR. LEE:

Yes, your Honor.

Henry C. Lee, the witness on the stand at the time of the evening adjournment, resumed the stand and testified further as follows:

5 THE COURT:

All right. Let the record reflect that Dr. Henry Lee--

6 DR. LEE:

Good morning.

7 THE COURT:

--is again on the witness stand undergoing direct examination by Mr. Scheck. All right. Good morning again, Dr. Lee.

8 DR. LEE:

Good morning.

9 THE COURT:

All right. Doctor, you are reminded, sir, that you are still under oath. Mr. Scheck, you may continue with your direct examination.

Temperature

routine

Key Quotes (3)

Lance A. Ito
You have a rather unusual distinction as a sequestered jury. As you know, you've been sequestered since mid-January, and as of yesterday, you have surpassed the amount of time that the mansion jury, if you recollect from 20 years ago, was in sequestration.
Marks a grim milestone — the jury has now endured a longer sequestration than the Manson trial jury, underscoring the extraordinary burden placed on them.
Lance A. Ito
Probably fun for about the first eight hours. Then after that, it became real tough.
A rare moment of levity from the bench, humanizing the judge and acknowledging the jury's ordeal with dry humor.
Lance A. Ito
Miss Clark, one of the lead Prosecutors, is not available today. However, the Prosecution has decided to proceed in her absence, and she can read the transcript and/or see it on TV to catch up with us.
Casual aside that reveals how media-saturated the trial was — the judge matter-of-factly notes that Clark can watch on television.

Notable Exchanges (1)

Lance A. ItoThe Jury
Judge addresses the jury collectively about the sequestration milestone, upcoming weekend work on a pending legal issue, and his appeals to counsel to streamline examinations.
conciliatory

Light Moments (2)

Lance A. Ito
Judge jokes that sequestration was 'probably fun for about the first eight hours' and that it is 'much more than being in the army.'
Lance A. Ito
Judge dryly notes Marcia Clark 'can read the transcript and/or see it on TV to catch up with us.'

Objections

None recorded
Proceeding 7436 • 9 utterances
Criminal Trial
Department 103
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📂 AUG 25, 1995 📄 Jury entry and procedural matt
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