Jury return

📄 Jury return — Monday, July 31, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUL\31\JURY-RETURN.DOC

TRIAL

▲ Day 125 of 167

◀ Motion: glove drying experiment Direct examination of Professor Herbert MacDonell (part 1) ▶

Date: Monday, July 31, 1995 • Utterances: 13

A brief administrative transition before resuming testimony. Cheri Lewis clarified that her earlier comment about ambiguity was referencing the Gretchen Stockdale motion, but Judge Ito shut down further discussion and called the jury in. Professor Herbert MacDonell was then reminded he was still under oath and direct examination by Peter Neufeld resumed.

# 1 MR. NEUFELD:

I understand that. I just believe under the 6th amendment we have a right to a ruling beforehand.

KEY QUOTE

# 2 THE COURT:

Okay. All right. Okay. Let's have the jury, please.

# 3 MS. LEWIS:

Your Honor, I wanted to mention that the comment I made earlier was with regard to the Gretchen Stockdale motion.

# 4 THE COURT:

Counsel, counsel, let's put that to rest.

# 5 MS. LEWIS:

I'm sorry for the ambiguity.

# 6 THE COURT:

I'm not even thinking about that right now, counsel. Let's have the jury, please.

KEY QUOTE

# 7 (Brief pause.)

# 8 (The following proceedings were held in open court, in the presence of the jury:)

# 9 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. The record should reflect that we have been rejoined by all the members of our jury panel. Good morning, ladies and gentlemen.

THE JURY: Good morning.

# 10 THE COURT:

First, I'm happy to see all of you back here today and you all seem to be fit, ready to proceed. Secondly, my apologies to you for keeping you waiting so long, but we had a number of interesting legal issues that I had to deal with before we were able to continue with Mr. MacDonell's testimony. All right. Professor, would you resume the witness stand, please.

Herbert MacDonell, having been previously sworn, resumed the stand and testified further as follows:

# 11 THE COURT:

All right. The record should reflect that Professor Herbert MacDonell is again on the witness stand undergoing direct examination by Mr. Neufeld. Good morning, professor.

# 12 PROF. MACDONELL:

Good morning.

# 13 THE COURT:

Sir, you are reminded that you are still under oath. And Mr. Neufeld, you may continue.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

I'm not even thinking about that right now, counsel. Let's have the jury, please.

Ito firmly redirecting away from the Stockdale motion discussion, signaling he wanted to move on without relitigating the prior sidebar.

Peter Neufeld

I just believe under the 6th amendment we have a right to a ruling beforehand.

Neufeld asserting a constitutional basis for receiving a pretrial ruling, likely on an evidentiary or confrontation issue tied to the Stockdale motion.

Notable Exchanges (1)

Cheri Lewis•Lance A. Ito

Lewis attempted to clarify that her earlier ambiguous comment concerned the Gretchen Stockdale motion; Ito cut her off and declined to re-engage with it.

terse

Objections

None recorded

Proceeding 7081 • 13 utterances

Criminal Trial

Department 103