Afternoon recess

📄 Afternoon recess — Tuesday, February 7, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\7\AFTERNOON-RECESS.DOC

TRIAL

▲ Day 14 of 167

◀ Cross-examination of Stewart Tanner Evidence and discovery discussion ▶

Date: Tuesday, February 7, 1995 • Utterances: 6

The witness (Mr. Tanner) was excused after Marcia Clark declined redirect examination. Judge Ito then released the jury for the noon recess, delivering an unusually detailed admonition reminding jurors not to discuss any aspect of the case — including case length, sidebar conversations, attorney clothing, or courtroom personalities.

# 1 THE COURT:

ANY REDIRECT?

# 2 MS. CLARK:

NO, THANK YOU, YOUR HONOR. NO FURTHER QUESTIONS.

# 3 THE COURT:

ALL RIGHT. MR. TANNER, THANK YOU VERY MUCH. YOU ARE EXCUSED. PLEASE DON'T DISCUSS YOUR TESTIMONY WITH ANYBODY ELSE OTHER THAN THE ATTORNEYS UNTIL THE MATTER HAS BEEN CONCLUDED.

# 4 THE WITNESS:

THANK YOU.

# 5 THE COURT:

THANK YOU VERY MUCH, SIR. ALL RIGHT. LADIES AND GENTLEMEN, WE ARE GOING TO TAKE OUR RECESS FOR THE NOON HOUR. I WANT YOU TO LISTEN VERY CAREFULLY TO ME, HOWEVER, BEFORE I RELEASE YOU. IF YOU RECALL, EVERY TIME THAT I EXCUSE YOU, I TELL YOU NOT TO DISCUSS THE CASE AMONGST YOURSELVES, FORM ANY OPINIONS ABOUT THE CASE, DON'T ALLOW ANYBODY TO TALK TO YOU ABOUT THE CASE OR ALLOW YOURSELF TO BE ENGAGED IN ANY TYPE OF INAPPROPRIATE CONDUCT. WHEN I SAY NOT TO DISCUSS THE CASE, I MEAN EVERYTHING THAT GOES ON HERE IN THE COURTROOM IS NOT TO ENTER INTO -- IS NOT TO BE A TOPIC OF YOUR DISCUSSION. THAT MEANS, YOU'RE NOT TO DISCUSS HOW LONG THE CASE IS TAKING, YOU ARE NOT TO DISCUSS WHAT GOES ON AT THE SIDEBAR, YOU ARE NOT TO DISCUSS THE APPAREL OF THE ATTORNEYS, YOU ARE NOT TO DISCUSS THE PERSONALITIES OF THE COURTROOM PERSONNEL. ANYTHING THAT IS CONNECTED WITH THIS CASE, YOU MAY NOT DISCUSS AMONGST YOURSELVES. YOU UNDERSTAND THAT? SO THAT ORDER IS VERY CLEAR. ALL RIGHT. HAVE A VERY PLEASANT LUNCH, AND WE'LL SEE YOU BACK HERE AT 1:30. ALL RIGHT. WE'LL BE IN RECESS. THANK YOU, COUNSEL.

# 6 (AT 12:10 P.M., THE NOON RECESS WAS TAKEN UNTIL 1:30 P.M. OF THE SAME DAY.)

Temperature

routine

Key Quotes (1)

Lance A. Ito

YOU ARE NOT TO DISCUSS THE APPAREL OF THE ATTORNEYS, YOU ARE NOT TO DISCUSS THE PERSONALITIES OF THE COURTROOM PERSONNEL.

Ito's expanded admonition goes beyond boilerplate, explicitly listing mundane topics like clothing and personalities — suggesting juror conduct had been a concern.

Notable Exchanges (1)

Lance A. Ito•Jurors

Ito delivered an unusually expansive jury admonition covering topics like sidebar discussions, attorney apparel, and courtroom personalities in addition to the standard prohibition on case discussion.

procedural

Objections

None recorded

Proceeding 4659 • 6 utterances

Criminal Trial

Department 103