Jury instruction: witness conduct

📄 Jury instruction: witness conduct — Friday, February 3, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\3\JURY-INSTRUCTION-WITNESS-CONDU.DOC

TRIAL

▲ Day 12 of 167

◀ Administrative matters: Ron Shipp gesture Direct examination of Sgt. Robert Lerner ▶

Date: Friday, February 3, 1995 • Utterances: 5

Judge Ito briefly instructs the jury to disregard a gesture made by witness Ron Shipp toward someone in the audience as he was leaving the courtroom the previous afternoon. The instruction is a single-sentence admonishment before the prosecution is directed to call its next witness.

# 1 (BRIEF PAUSE.)

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

# 3 THE COURT:

ALL RIGHT. THANK YOU, LADIES AND GENTLEMEN. BE SEATED, PLEASE. ALL RIGHT. LET THE RECORD REFLECT THAT WE HAVE NOW BEEN REJOINED BY ALL THE MEMBERS OF OUR JURY PANEL. GOOD MORNING, LADIES AND GENTLEMEN.

# 4 THE JURY:

GOOD MORNING.

# 5 THE COURT:

LADIES AND GENTLEMEN, IT WAS BROUGHT TO MY ATTENTION THAT YESTERDAY AFTERNOON, WHEN MR. SHIPP WAS LEAVING THE COURTROOM, HE MAY HAVE MADE A GESTURE TO SOMEBODY IN THE AUDIENCE THAT YOU MAY HAVE OBSERVED. YOU ARE TO DISREGARD ANY CONDUCT LIKE THAT HERE IN THE COURTROOM. ALL RIGHT. MR. DARDEN, WOULD YOU CALL YOUR NEXT WITNESS.

Temperature

routine

Key Quotes (1)

Lance A. Ito

IT WAS BROUGHT TO MY ATTENTION THAT YESTERDAY AFTERNOON, WHEN MR. SHIPP WAS LEAVING THE COURTROOM, HE MAY HAVE MADE A GESTURE TO SOMEBODY IN THE AUDIENCE THAT YOU MAY HAVE OBSERVED. YOU ARE TO DISREGARD ANY CONDUCT LIKE THAT HERE IN THE COURTROOM.

The instruction signals that Shipp's behavior after testifying drew enough concern to warrant a formal jury admonishment, suggesting the gesture was potentially prejudicial or improper.

Notable Exchanges (1)

Lance A. Ito•The Jury

Judge issues a curative instruction regarding Ron Shipp's courtroom conduct, then immediately pivots to Darden to call the next witness — no elaboration, no sidebar.

procedural

Objections

None recorded

Proceeding 4588 • 5 utterances

Criminal Trial

Department 103