📄 Jury instruction: case scheduling — Monday, January 23, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JAN\23\JURY-INSTRUCTION-CASE-SCHEDULI.DOC
TRIAL
▲ Day 4 of 167

Jury instruction: case scheduling

Date: Monday, January 23, 1995 • Utterances: 5
Judge Ito addresses the jury for the first time in open court, apologizing for a lengthy delay caused by pre-trial legal issues that ran longer than expected. He explains that preliminary jury instructions will be given today, with opening statements and evidence presentation to begin the following morning at 10:00 a.m. He also informs jurors that written copies of all instructions will be available in the jury room during deliberations.
1 (THE FOLLOWING PROCEEDINGS WERE HELD IN OPEN COURT, IN THE PRESENCE OF THE JURY:)
2 THE COURT:

LET'S HAVE THE JURORS JUST TAKE THE LAST TWO AVAILABLE SEATS, PLEASE. ALL RIGHT. THANK YOU, COUNSEL. ALL RIGHT. GOOD AFTERNOON, LADIES AND GENTLEMEN.

3 (THE JURY ANSWERED COLLECTIVELY, "GOOD AFTERNOON.")
4 THE COURT:

FIRST OF ALL, I HOPE THIS WILL BE THE LAST TIME THAT I HAVE TO APOLOGIZE TO YOU FOR KEEPING YOU WAITING SO LONG, BUT I SUSPECT THAT WON'T BE TRUE IN THIS CASE. FOR YOUR INFORMATION, I HAD PLANNED ON STARTING WITH YOU THIS MORNING AT 10:00 O'CLOCK. CERTAIN ISSUES WERE RAISED BEFORE ME THAT I HAD TO DEAL WITH, AND AS HAS BEEN MY EXPERIENCE UNFORTUNATELY, MANY OF THESE THINGS TOOK LONGER TO DEAL WITH THAN I HAD ORIGINALLY ANTICIPATED. HAD I KNOWN THAT WE WOULD BE THIS LATE GETTING STARTED WITH YOU TODAY, I WOULD NOT HAVE BROUGHT YOU IN TODAY. BUT WE'RE HERE, AND I WOULD LIKE TO USE AS MUCH OF THE COURT TIME AS WE HAVE AVAILABLE TO AT LEAST GET STARTED WITH SOME OF THE PRELIMINARIES. NOW, WHAT WILL HAPPEN TODAY IS, I AM GOING TO GIVE YOU SOME PRELIMINARY INSTRUCTIONS ON THE LAW THAT APPLIES TO THIS CASE. NOW, WHAT WE ARE GOING TO DO, AS SOON AS I FINISH DOING THAT IS, WE WILL RECESS FOR THE DAY, AND THEN TOMORROW MORNING AT 10:00 O'CLOCK, WE WILL START WITH THE OPENING STATEMENTS BY THE LAWYERS AND THEN PROCEED TO THE PRESENTATION OF EVIDENCE. NOW, WHAT I'M GOING TO GIVE YOU TODAY ARE PRELIMINARY INSTRUCTIONS. THIS IS SORT OF MY EFFORT TO GIVE YOU A GAUGE OR RULE BY WHICH YOU SHOULD LOOK AT THE EVIDENCE AS IT IS PRESENTED TO YOU. I'M REQUIRED BY THE LAW TO STATE TO YOU THE LAW THAT APPLIES TO THIS CASE HERE IN OPEN COURT. HOWEVER, IT'S ALSO MY PERSONAL POLICY TO MAKE THESE INSTRUCTIONS AVAILABLE TO YOU IN THE JURY ROOM WHEN YOU DO YOUR DELIBERATIONS IN WRITTEN FORM. SO I ENCOURAGE YOU EACH TO LISTEN VERY CAREFULLY TO MY INSTRUCTIONS ON THE LAW. HOWEVER, YOU NEED NOT TAKE ANY DETAILED NOTES AS TO THEIR CONTENTS SINCE THEY WILL BE AVAILABLE TO YOU IN THEIR EXACT WRITTEN FORM IN THE JURY ROOM.

KEY QUOTE
5 (READING.)

Temperature

routine

Key Quotes (3)

Lance A. Ito
I HOPE THIS WILL BE THE LAST TIME THAT I HAVE TO APOLOGIZE TO YOU FOR KEEPING YOU WAITING SO LONG, BUT I SUSPECT THAT WON'T BE TRUE IN THIS CASE.
Ito's candid self-aware aside signals to the jury that delays will be a recurring feature of this trial, setting expectations early.
Lance A. Ito
HAD I KNOWN THAT WE WOULD BE THIS LATE GETTING STARTED WITH YOU TODAY, I WOULD NOT HAVE BROUGHT YOU IN TODAY.
Reveals that pre-trial legal arguments consumed the entire morning session, hinting at the contentious motions practice happening outside the jury's view.
Lance A. Ito
YOU NEED NOT TAKE ANY DETAILED NOTES AS TO THEIR CONTENTS SINCE THEY WILL BE AVAILABLE TO YOU IN THEIR EXACT WRITTEN FORM IN THE JURY ROOM.
Establishes Ito's practice of providing written instructions — a juror-friendly procedural policy that distinguishes his courtroom management.

Notable Exchanges (1)

Lance A. ItoJury
Judge greets the jury and receives a collective 'Good afternoon' in response before launching into scheduling remarks.
cordial

Light Moments (1)

Lance A. Ito
Ito jokes that he hopes this will be the last time he has to apologize for delays, then immediately concedes 'I suspect that won't be true in this case' — a wry acknowledgment of the complexity ahead.

Objections

None recorded
Proceeding 4403 • 5 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 23, 1995 📄 Jury instruction: case schedul
JAN 23, 1995 KRT DvH TD