Court address to jury

📄 Court address to jury — Friday, February 24, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\24\COURT-ADDRESS-TO-JURY.DOC

TRIAL

▲ Day 25 of 167

◀ Jury communication discussion Morning session opening ▶

Date: Friday, February 24, 1995 • Utterances: 3

Judge Ito addressed the jury at the end of a Friday session to explain why they had been brought to court only to be sent home without testimony. He had planned to call a witness out of order and work until midnight, but an unspecified problem arose that prevented the testimony. Court was adjourned until Monday, February 27 at 9:00 a.m.

# 1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)

# 2 THE COURT:

AHA, NOT AS WELL GROOMED TODAY. CAUGHT YOU. ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED. THE RECORD SHOULD REFLECT THAT WE HAVE BEEN JOINED BY PEOPLE WHO LOOK LIKE OUR JURY. LADIES AND GENTLEMEN, LET ME, FIRST OF ALL, WELCOME YOU BACK TO COURT. AS YOU CAN SEE, IT IS RATHER LATE ON A FRIDAY AND WE ARE STILL WORKING. WE HAVE BEEN IN SESSION ALL DAY TODAY AND I MADE A DECISION ABOUT AN HOUR AGO THAT THERE WAS AN UNUSUAL SITUATION WHERE I WAS GOING TO CALL A WITNESS OUT OF ORDER AND PRESENT THAT WITNESS TO YOU THIS EVENING. AFTER I MADE THAT DECISION, ANOTHER PROBLEM CAME UP THAT INDICATED THAT WE COULD NOT GO FORWARD WITH THAT TESTIMONY THIS EVENING. I WAS PLANNING ON GOING UNTIL MIDNIGHT TONIGHT WITH THIS WITNESS, IF NECESSARY, BECAUSE OF THE SITUATION THAT AROSE. THINGS HAVE CHANGED AND SUDDENLY WE ARE NOT GOING TO DO THAT, BUT THAT IS WHY YOU WERE BROUGHT OVER AND THAT WAS MY INTENTION, SO I APOLOGIZE TO YOU FOR EMBARRASSING YOU LIKE THIS AND BRINGING YOU OVER, BECAUSE NOW SOMETHING HAS CHANGED AND NOW WE ARE GOING TO QUIT AND START AGAIN FRESH MONDAY MORNING AT NINE O'CLOCK. BUT I THOUGHT I SHOULD AT LEAST TELL YOU WHY YOU WERE ROUSTED OUT FROM YOUR LOCATION, BROUGHT OVER HERE AND TOLD THAT WE WERE GOING TO PROCEED. I DIDN'T MEAN TO EMBARRASS YOU AND I APPRECIATE YOUR GOOD HUMOR WITH ALL OF THIS AND BEARING WITH US. THIS IS GOING TO BE AN UNUSUAL TRIAL AND THINGS LIKE THIS ARE GOING TO HAPPEN, I'M SURE, AGAIN. I SEE SOME NODS. YOU KNOW THAT THIS IS NOT EASY FOR ALL OF US. I KNOW THAT YOU ARE ALL IMPRESSED TO SEE ALL OF US HERE STILL WORKING AT TEN MINUTES AFTER 6:00 ON A FRIDAY, BUT FROM THE SMILES I CAN SEE I HAVEN'T ANTAGONIZED TOO MANY OF YOU. ALL RIGHT. SO WE WILL SEE YOU AGAIN. REMEMBER MY ADMONITIONS TO YOU, THOUGH. DON'T DISCUSS THE CASE AMONG YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DON'T CONDUCT ANY DELIBERATIONS UNTIL THE MATTER HAS BEEN SUBMITTED TO YOU, AND DO NOT ALLOW ANYBODY TO COMMUNICATE WITH YOU REGARDING THE CASE. THERE ARE SOME OTHER THINGS THAT I WILL NEED TO TALK TO YOU ABOUT ON MONDAY, BUT I WILL SEE YOU MONDAY. ALL RIGHT. HAVE A NICE WEEKEND.

ALL RIGHT. WE ARE IN RECESS. NINE O'CLOCK.

KEY QUOTE

# 3 (AT 6:12 P.M. AN ADJOURNMENT WAS TAKEN UNTIL, MONDAY, FEBRUARY 27, 1995, 9:00 A.M.)

Temperature

routine

Key Quotes (3)

Lance A. Ito

I APOLOGIZE TO YOU FOR EMBARRASSING YOU LIKE THIS AND BRINGING YOU OVER, BECAUSE NOW SOMETHING HAS CHANGED AND NOW WE ARE GOING TO QUIT AND START AGAIN FRESH MONDAY MORNING AT NINE O'CLOCK.

Rare judicial apology to the jury, acknowledging the disruption caused by last-minute logistical changes.

Lance A. Ito

AHA, NOT AS WELL GROOMED TODAY. CAUGHT YOU.

Ito opens with a light, teasing remark to the jury, setting a warm tone before delivering the disappointing news.

Lance A. Ito

THIS IS GOING TO BE AN UNUSUAL TRIAL AND THINGS LIKE THIS ARE GOING TO HAPPEN, I'M SURE, AGAIN.

Ito signals to the jury early on to expect procedural irregularities throughout the trial.

Light Moments (2)

Lance A. Ito

Ito teases the jury about their appearance — 'AHA, NOT AS WELL GROOMED TODAY. CAUGHT YOU.' — and notes the smiles in the room despite the inconvenience.

Lance A. Ito

Ito jokes that the jury must be 'impressed' to see everyone still working at 6:10 on a Friday evening.

Objections

None recorded

Proceeding 5061 • 3 utterances

Criminal Trial

Department 103