Sidebar: juror 98

📄 Sidebar: juror 98 — Friday, February 17, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\17\SIDEBAR-JUROR-98.DOC

TRIAL

▲ Day 21 of 167

◀ Juror called to bench Jury instructions: weekend recess ▶

Date: Friday, February 17, 1995 • Utterances: 28

Judge Ito held a brief bench conference with Juror 98 to express condolences over a family loss and arrange accommodations for the juror to attend a funeral in St. Louis, including a recess and sheriff escort. The proceeding then shifted to brief administrative matters: F. Lee Bailey raising an affidavit about Rosa Lopez threatening to flee again, and Cochran requesting to leave for a meeting with Judge Bascue.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD AT THE BENCH:)

# 2 (JUROR 98 APPROACHES THE BENCH.)

# 3 THE COURT:

HELLO, NO. 98. FIRST OF ALL, I ADVISED COUNSEL OF THE LOSS OF YOUR FAMILY AND I WANT TO EXPRESS TO YOU OUR SADNESS IN HEARING THAT. I KNOW IT'S A GREAT BURDEN TO YOU GIVEN THE SITUATION THAT YOU'RE IN. JUROR NO. 98: THANK YOU.

# 4 THE COURT:

THE BAILIFF TOLD ME YOU HAD TO MAKE SOME PHONE CALLS AND BECAUSE OF YOUR STANDING IN THE FAMILY, THAT IT IS SOME OF YOUR RESPONSIBILITY TO MAKE THE ARRANGEMENTS FOR YOUR FAMILY; IS THAT CORRECT? JUROR NO. 98: I WOULD LIKE TO BE ON HAND ANYWAY AND TO SEE WHAT HAPPENS. I STILL NEED TO MAKE SOME MORE PHONE CALLS.

# 5 THE COURT:

OKAY. DO YOU KNOW WHEN THE FUNERAL IS GOING TO BE, WHEN IT'S SCHEDULED? JUROR NO. 98: MORE THAN LIKELY IN ST. LOUIS. PROBABLY HAVE TWO LOCATIONS, BUT IF POSSIBLE, I'LL SEE ABOUT THE ONE IN ST. LOUIS.

# 6 THE COURT:

AND WHEN DO YOU THINK THAT MIGHT BE? JUROR NO. 98: I ANTICIPATE AT LEAST SOMEWHERE ABOUT NEXT WEEK, MAYBE THE WEEKEND.

# 7 THE COURT:

OKAY. COUNSEL, WHAT I'M GOING TO DO THEN, I'M GOING TO ASK 98 TO ADVISE THE BAILIFF AS SOON AS WE KNOW WHAT THE ARRANGEMENTS ARE, AND IF REASONABLY POSSIBLE, WE'LL TAKE A RECESS FOR THAT DAY.

# 8 MR. COCHRAN:

SURE, YOUR HONOR.

# 9 THE COURT:

OF COURSE, YOU UNDERSTAND THAT THE SHERIFF'S DEPARTMENT IS GOING TO HAVE TO GO WITH YOU. JUROR NO. 98: I HAVE NO PROBLEM.

# 10 THE COURT:

BUT I WANT YOU TO UNDERSTAND WE'LL DO EVERYTHING WE CAN TO TRY TO ACCOMMODATE YOU IN THIS. JUROR NO. 98: THANK YOU.

# 11 THE COURT:

OKAY. ALL RIGHT. JUROR NO. 98: THANK YOU.

# 12 THE COURT:

ADVISE THE SHERIFF'S WHAT YOUR ARRANGEMENTS ARE. AND I'M GOING TO TELL -- COUNSEL, I WOULD LIKE YOUR PERMISSION FOR THE BAILIFF TO CALL ME AND GIVE ME THE OPTION TO MAKE WHATEVER ORDERS ARE APPROPRIATE --

# 13 MR. COCHRAN:

SO STIPULATED.

# 14 THE COURT:

-- IN YOUR ABSENCE.

# 15 MS. CLARK:

ABSOLUTELY.

# 16 MR. COCHRAN:

JUST LET US KNOW. JUROR NO. 98: THANK YOU.

# 17 THE COURT:

THANK YOU VERY MUCH. (JUROR NO. 98 RETURNED TO THE JURY BOX.)

# 18 THE COURT:

OKAY.

# 19 MR. BAILEY:

WE HAVE AN AFFIDAVIT FROM ROSA LOPEZ THAT I WOULD LIKE TO PRESENT TO YOU TODAY. THE PRESS WENT OUT AND FOUND HER AT HER SISTER'S HOME AND SHE'S THREATENING TO LEAVE AGAIN.

# 20 MR. DARDEN:

THAT RAISES AN INTERESTING ISSUE. AM I ALLOWED TO SERVE MISS LOPEZ?

KEY QUOTE

# 21 THE COURT:

I'M SURE YOU ARE. THERE'S NO PROVISION FOR IMMUNITY FROM SERVICE OF A SUBPOENA.

KEY QUOTE

# 22 MR. DARDEN:

THANK YOU.

# 23 THE COURT:

IN ANY EVENT, LET'S GET RID OF THE JURY. WE HAVE A FEW MORE DNA ISSUES.

# 24 MR. COCHRAN:

CAN I BE EXCUSED? JUDGE BASCUE WANTS TO SEE MYSELF AND MR. SHAPIRO. CAN WE GO UPSTAIRS? HE IS WAITING FOR US. JUDGE, ON THE SCHEDULE, YOU SAID YOU WOULD LET US KNOW. WHEN DO YOU THINK YOU'LL KNOW?

# 25 THE COURT:

I DON'T KNOW. SHE'S ASKED FOR SOME SPECIAL PHONE PRIVILEGES TO CALL BACK --

# 26 MR. COCHRAN:

YOU KNOW HOW TO REACH ME IF SOMETHING COMES UP.

# 27 THE COURT:

NO. I'VE GOT THE PROSECUTION'S CARD AND I KNOW HOW TO GET IN TOUCH WITH THESE PEOPLE.

KEY QUOTE

# 28 MR. SHAPIRO:

THANKS, JUDGE. HAVE A GOOD HOLIDAY.

Temperature

procedural

Key Quotes (4)

F. Lee Bailey

THE PRESS WENT OUT AND FOUND HER AT HER SISTER'S HOME AND SHE'S THREATENING TO LEAVE AGAIN.

Reveals ongoing Rosa Lopez flight risk issue, with press involvement complicating the defense's witness situation.

Christopher Darden

THAT RAISES AN INTERESTING ISSUE. AM I ALLOWED TO SERVE MISS LOPEZ?

Prosecution explores subpoenaing Lopez, suggesting they want her testimony despite her being a defense witness.

Lance A. Ito

I'M SURE YOU ARE. THERE'S NO PROVISION FOR IMMUNITY FROM SERVICE OF A SUBPOENA.

Judge clarifies Lopez can be subpoenaed, opening the door for prosecution to compel her testimony.

Lance A. Ito

NO. I'VE GOT THE PROSECUTION'S CARD AND I KNOW HOW TO GET IN TOUCH WITH THESE PEOPLE.

Mild dig at Cochran as he rushes out — judge notes he has prosecution contact info, not Cochran's.

Evidence (1)

Informal

Affidavit from Rosa Lopez

presented by F. Lee Bailey regarding Lopez's threat to leave again

Notable Exchanges (3)

Lance A. Ito•Juror 98

Judge personally expressed condolences for juror's family loss and arranged funeral accommodations including a recess and sheriff escort to St. Louis.

compassionate

F. Lee Bailey•Christopher Darden•Lance A. Ito

Bailey raises the Rosa Lopez affidavit; Darden immediately asks if he can serve her a subpoena; Ito confirms no immunity from subpoena exists.

strategic

Johnnie Cochran•Lance A. Ito

Cochran requests to leave for a meeting with Judge Bascue; Ito notes he has the prosecution's contact info but not Cochran's as he departs.

light

Light Moments (2)

Robert Shapiro

Robert Shapiro's parting line 'THANKS, JUDGE. HAVE A GOOD HOLIDAY.' closes the proceeding on a casual note.

Lance A. Ito

Ito pointedly tells Cochran he has the prosecution's card and knows how to reach them — implying Cochran is the one rushing off without leaving contact info.

Objections

None recorded

Proceeding 4903 • 28 utterances

Criminal Trial

Department 103