Sidebar: jury box proximity and conduct

📄 Sidebar: jury box proximity and conduct — Friday, June 30, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\30\SIDEBAR-JURY-BOX-PROXIMITY-AND.DOC

TRIAL

▲ Day 107 of 167

◀ Direct examination of Douglas Deedrick (part 3) Direct examination of Douglas Deedrick (part 4) ▶

Date: Friday, June 30, 1995 • Utterances: 6

Judge Ito called a sidebar after noticing a juror react to something near the jury box. Bailey explained he had only asked co-counsel Morton to avoid blocking a juror, and Ito issued a general caution to all counsel about conduct near the jury box.

# 1 THE COURT:

Excuse me, counsel. Over at the sidebar, please, with the court reporter.

# 2 (The following proceedings were held at the bench:)

# 3 THE COURT:

We're over at the sidebar. What was going on between you and the jurors?

# 4 MR. BAILEY:

Nothing. I said to Mr. Morton, "Please be careful not to block this gentleman." I never spoke to the juror.

# 5 THE COURT:

All right. I saw the juror react to something. I'm going to caution all counsel to make certain there are no comments going on in the proximity of the jury box. Be careful with that, Mr. Bailey.

KEY QUOTE

# 6 MR. BAILEY:

Very well.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

I saw the juror react to something. I'm going to caution all counsel to make certain there are no comments going on in the proximity of the jury box.

Judge asserting control over counsel behavior near jurors to prevent any improper communication.

F. Lee Bailey

Nothing. I said to Mr. Morton, 'Please be careful not to block this gentleman.' I never spoke to the juror.

Bailey defending himself by clarifying he addressed co-counsel, not the juror directly.

Notable Exchanges (1)

Lance A. Ito•F. Lee Bailey

Judge questioned Bailey about apparent juror interaction; Bailey explained the remark was directed at co-counsel Morton, not the juror. Judge accepted the explanation but issued a caution.

procedural

Objections

None recorded

Proceeding 6622 • 6 utterances

Criminal Trial

Department 103