Courtroom monitors discussion

📄 Courtroom monitors discussion — Wednesday, February 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\FEB\8\COURTROOM-MONITORS-DISCUSSION.DOC

TRIAL

▲ Day 15 of 167

◀ Witness excused, jury recesses Approach sidebar ▶

Date: Wednesday, February 8, 1995 • Utterances: 16

Judge Ito addressed a note from a juror in another courtroom reporting that two witnesses had been watching TV monitors in the hallway before testifying. Court staff explained the monitor was covered with newspapers and facing the wall, but Cochran raised the valid concern that exhibits had been displayed on courtroom monitors — visible to anyone watching. Ito admonished both sides to keep witnesses away from any monitor coverage outside the courtroom.

# 1 (AT 3:56 P.M. THE JURY WAS EXCUSED AND THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT:)

# 2 THE COURT:

ALL RIGHT. THANK YOU, COUNSEL. HAVE A SEAT. ALL RIGHT. COUNSEL, I JUST WANTED TO PUT ON THE RECORD, I DISCUSSED THIS WITH YOU AT THE SIDE BAR, WITHOUT THE REPORTER BEING PRESENT, AND I HAVE RECEIVED A NOTE FROM A JUROR FROM ANOTHER COURTROOM APPARENTLY INDICATING THAT THEY OBSERVED THIS MORNING TWO OF OUR WITNESSES WATCHING SOME OF THE T.V. MONITORS OUTSIDE IN THE HALLWAY BEFORE THEY THEY WERE --

# 3 REPORTER OLSON:

I'M SORRY, YOUR HONOR. I CAN'T HEAR BECAUSE OF THE AUDIENCE REENTERING THE COURTROOM.

# 4 (BRIEF PAUSE.)

# 5 THE COURT:

ALL RIGHT. LET ME FINISH THE SENTENCE. -- BEFORE THEY WERE BROUGHT IN. I HAVE NOT BEEN OUT IN THE HALLWAY RECENTLY. MISS HAYSLETT, I HAVE A NOTE HERE INDICATING THAT APPARENTLY THERE ARE TWO TELEVISION MONITORS OUT IN THE HALLWAY RIGHT NOW.

# 6 MS. HAYSLETT:

THERE IS ONE THAT I KNOW OF. IT IS A MONITOR THAT THE OPERATOR OF THE REMOTE STILL CAMERA USES IN ORDER TO BE ABLE TO TAKE SHOTS INSIDE THE COURTROOM.

# 7 THE COURT:

ALL RIGHT. IS THAT VISIBLE TO INDIVIDUALS OUT IN THE HALLWAY?

# 8 MS. HAYSLETT:

IT IS COVERED WITH NEWSPAPERS ON ALL SIDES AND IT IS FACING THE WALL, SO IT IS NOT VISIBLE UNLESS SOMEBODY GETS AROUND BEHIND IT BESIDE THE OPERATOR, WHICH THE OPERATOR HAS BEEN VERY DILIGENT TO KEEP PEOPLE AWAY FROM.

KEY QUOTE

# 9 THE COURT:

ALL RIGHT. WAS THAT THE CONDITION THIS MORNING?

# 10 MS. HAYSLETT:

YES.

# 11 THE COURT:

ARE YOU AWARE OF ANY OTHER MONITOR THAT MIGHT BE OUT THERE?

# 12 MS. HAYSLETT:

I AM NOT AWARE OF ANY. I WILL BE GLAD TO CHECK.

# 13 THE COURT:

ALL RIGHT. LET ME ASK IF COUNSEL IS AWARE OF ANY MONITORS -- ANY OTHER MONITORS OTHER THAN THE REMOTE STILL CAMERA?

# 14 MR. COCHRAN:

NO. WE ARE NOT, YOUR HONOR. WE KNOW THERE IS ONE OUTSIDE, THE ONE THAT JERIANNE IS TALKING ABOUT.

# 15 THE COURT:

THE NOTE IS PRETTY SPECIFIC THAT THERE ARE WERE T.V. MONITORS, HOWEVER, WITHOUT SOUND. MY FIRST IMPRESSION IS THAT THIS IS A VIOLATION OF THE COURT'S ORDER THAT THEY ARE NOT SUPPOSED TO BE WATCHING ANY OF THE TESTIMONY; HOWEVER, I'M NOT CONCERNED ABOUT IT SINCE THERE WAS NO SOUND. HOWEVER, MR. COCHRAN CORRECTLY OBSERVED THAT WE HAVE EXHIBITED EXHIBITS ON THE TELEVISION MONITOR WHICH WOULD BE SOMETHING THAT IS INAPPROPRIATE FOR THEM TO BE WATCHING, AND APPARENTLY THEY WERE IN THE TOW OF SOMEBODY, SO I WOULD ADMONISH BOTH SIDES TO MAKE SURE THAT IF YOU HAVE WITNESSES WAITING OUTSIDE, THAT THEY BE NOT ALLOWED TO WATCH ANY OF THE MONITOR COVERAGE OUTSIDE, AND THAT IS A CLEAR VIOLATION.

# 16 MS. CLARK:

WE WILL TAKE CARE OF THAT. THANK YOU, YOUR HONOR.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

MR. COCHRAN CORRECTLY OBSERVED THAT WE HAVE EXHIBITED EXHIBITS ON THE TELEVISION MONITOR WHICH WOULD BE SOMETHING THAT IS INAPPROPRIATE FOR THEM TO BE WATCHING

Acknowledges the real concern — not just testimony but exhibits being visible to sequestered witnesses

Ms. Hayslett

IT IS COVERED WITH NEWSPAPERS ON ALL SIDES AND IT IS FACING THE WALL, SO IT IS NOT VISIBLE UNLESS SOMEBODY GETS AROUND BEHIND IT BESIDE THE OPERATOR, WHICH THE OPERATOR HAS BEEN VERY DILIGENT TO KEEP PEOPLE AWAY FROM.

Court media coordinator explains the safeguard in place for the remote camera monitor

Notable Exchanges (1)

Lance A. Ito•Ms. Hayslett•Johnnie Cochran

Judge inquires about hallway monitors after receiving a juror note; Hayslett explains the camera operator's monitor is shielded, Cochran confirms awareness of only that one monitor but flags that exhibits had been on screen.

measured, cooperative

Objections

None recorded

Proceeding 4791 • 16 utterances

Criminal Trial

Department 103