📄 Jury instruction: extended recess — Tuesday, January 24, 1995
📅 Jan 24 — Day 5
jury
Address:
C:\DEPT103\CRIMINAL\1995\JAN\24\JURY-INSTRUCTION-EXTENDED-RECE.DOC
TRIAL
▲ Day 5 of 167

Jury instruction: extended recess

Date: Tuesday, January 24, 1995 • Utterances: 1
Judge Ito admonishes the jury before an unexpected extended recess that occurred between the prosecution's opening statement and the defense's opening statement. He reassures jurors that the delay is unrelated to their personal safety, instructs them to keep an open mind since they have only heard one side, and orders them to return the following morning at 10:00 AM.
1 THE COURT:

ALL RIGHT. LADIES AND GENTLEMEN, JUST SO YOU UNDERSTAND, THIS HAS NOTHING TO DO WITH YOUR PERSONAL WELFARE OR SAFETY. IT'S AN ISSUE THAT IS A JURY ISSUE, BUT IT HAS NOTHING TO DO WITH YOUR WELFARE OR SAFETY. ALSO, THIS IS A VERY UNUSUAL POINT IN THE PROCEEDINGS, TO HAVE TO TAKE AN EXTENDED RECESS, BECAUSE NOW YOU HAVE HEARD THE OPENING STATEMENT MADE BY THE PROSECUTION. I WANT YOU TO BE VERY CAREFUL, VERY DILIGENT, THAT YOU KEEP AN OPEN MIND IN THIS CASE BECAUSE YOU STILL HAVE TO HEAR THE OPENING STATEMENT TO BE MADE ON BEHALF OF MR. SIMPSON AS WELL. SO LISTEN VERY CAREFULLY. YOU ARE NOT TO FORM ANY OPINIONS ABOUT THIS CASE. YOU ARE NOT TO FORM ANY JUDGMENTS. YOU ARE NOT TO EXPRESS ANY OPINIONS. YOU ARE NOT TO TALK TO ANYBODY ELSE ABOUT THIS CASE NOR ALLOW YOURSELF TO BE ADDRESSED ABOUT THIS CASE. ALL RIGHT. IT'S VERY IMPORTANT THAT YOU THINK ABOUT THAT VERY CAREFULLY TODAY BECAUSE IN FAIRNESS, BOTH SIDES OUGHT TO BE ABLE TO HAVE ACCESS TO YOU TO MAKE THEIR STATEMENTS TO YOU AT THE SAME TIME. SO KEEP AN OPEN MIND. THEN WE'LL HEAR THE OPENING STATEMENT BY MR. SIMPSON'S COUNSEL TOMORROW MORNING. I APOLOGIZE TO YOU SINCERELY FOR THIS DELAY. BELIEVE ME, IT HAS NOTHING TO DO WITH THE PARTIES HERE. IT'S NOT THEIR FAULT. IT'S SOMETHING THAT CAME UP THAT'S HIGHLY UNUSUAL THAT I NEED TO DEAL WITH. ALL RIGHT. WE'LL STAND IN RECESS UNTIL TOMORROW MORNING AS FAR AS THE JURY IS CONCERNED 10:00 O'CLOCK. I WANT COUNSEL HERE AT 9:00 O'CLOCK. THAT'S THE ORDER.

Temperature

procedural

Key Quotes (2)

Lance A. Ito
IN FAIRNESS, BOTH SIDES OUGHT TO BE ABLE TO HAVE ACCESS TO YOU TO MAKE THEIR STATEMENTS TO YOU AT THE SAME TIME.
Articulates the fairness rationale for the admonishment — the jury should not begin forming opinions mid-opening-statement sequence.
Lance A. Ito
IT HAS NOTHING TO DO WITH THE PARTIES HERE. IT'S NOT THEIR FAULT. IT'S SOMETHING THAT CAME UP THAT'S HIGHLY UNUSUAL THAT I NEED TO DEAL WITH.
Ito deliberately shields both sides from any inference of wrongdoing while acknowledging something significant enough to halt proceedings.

Objections

None recorded
Proceeding 4499 • 1 utterances
Criminal Trial
Department 103
⚖️ Start
📂 JAN 24, 1995 📄 Jury instruction: extended rec
JAN 24, 1995 KRT DvH TD