Sidebar: juror demeanor

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

Address:

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

TRIAL

▲ Day 21 of 167

◀ Off-the-record discussion Redirect examination of Ronald Phillips (part 2) ▶

Date: Friday, February 17, 1995 • Utterances: 6

Defense attorney Robert Shapiro raised a concern at sidebar about juror 602, who he claimed had been staring blankly into space for 25 minutes, barely moving his head even when attorneys approached the witness stand. Judge Ito acknowledged the concern but gave a measured response, saying he would make his own observations.

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

# 2 THE COURT:

WE'RE OVER AT THE SIDEBAR. MR. SHAPIRO.

# 3 MR. SHAPIRO:

I WOULD LIKE TO DRAW TO THE ATTENTION OF THE COURT THE DEMEANOR OF JUROR 602. I HAVE BEEN WATCHING HIM FOR THE LAST 25 MINUTES. AND WITH THE EXCEPTION OF A MOMENT AGO WHEN HE TURNED HIS HEAD AND ONCE WHEN HE LOOKED AT THE WITNESS STAND, HE HAS CONTINUALLY STARED OUT INTO SPACE. EVEN WHEN ALL OF THE LAWYERS APPROACHED THE WITNESS STAND, HE DID NOT MOVE HIS HEAD AWAY FROM HIS FIXED POSITION, WHICH APPEARS TO BE GOING TOWARDS THE DIRECTION OF MYSELF, DEPUTY MAGNERA AND MR. SIMPSON. I POINTED THIS OUT TO DEPUTY MAGNERA. HE HAS NOTICED IT ON SEVERAL OCCASIONS AND THE PRESS HAS REPORTED THIS. AND IT APPEARS THAT THIS MAN IS NOT CONCENTRATING AT ALL ON THESE PROCEEDINGS AND I WOULD LIKE THE RECORD TO NOTE THAT AND THEN FOR THE COURT TO PAY SOME PARTICULAR ATTENTION TO THIS JUROR.

# 4 THE COURT:

I'LL MAKE MY OWN OBSERVATIONS. THANK YOU.

KEY QUOTE

# 5 MS. CLARK:

ANY OTHER OBSERVATIONS?

# 6 THE COURT:

HE JUST ASKED ME TO WATCH. I'LL WATCH.

Temperature

procedural

Key Quotes (2)

Robert Shapiro

HE HAS CONTINUALLY STARED OUT INTO SPACE. EVEN WHEN ALL OF THE LAWYERS APPROACHED THE WITNESS STAND, HE DID NOT MOVE HIS HEAD AWAY FROM HIS FIXED POSITION

Core allegation — juror may be disengaged or inattentive, potentially grounds for removal

Lance A. Ito

I'LL MAKE MY OWN OBSERVATIONS. THANK YOU.

Terse, non-committal response — Ito declines to act immediately but acknowledges the concern

Notable Exchanges (1)

Robert Shapiro•Lance A. Ito

Shapiro formally raised juror 602's blank staring behavior for the record, noting that a courtroom deputy and press had also observed it. Ito brushed off the request with minimal engagement.

strategic

Objections

None recorded

Proceeding 4888 • 6 utterances

Criminal Trial

Department 103