Sidebar: juror distress and positioning

📄 Sidebar: juror distress and positioning — Thursday, June 8, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\8\SIDEBAR-JUROR-DISTRESS-AND-POS.DOC

TRIAL

▲ Day 91 of 167

◀ Direct examination of Lakshmanan Sathyavagiswaran (afternoon, part 5) Court adjourned ▶

Date: Thursday, June 8, 1995 • Utterances: 17

During what appears to be a difficult day of testimony, a juror visibly signaled distress — making a 'time out' sign toward the bailiff and appearing near tears. Counsel and the judge briefly conferred at the bench about ending the session early, with concerns raised about juror concentration and the emotional toll of the day's evidence. The judge agreed to adjourn.

# 1 THE COURT:

All right. Let me see counsel with the court reporter, please

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

# 3 THE COURT:

We just had another juror have to get up and leave and she appeared to be having a hard time, from the expression on her face.

# 4 MR. COCHRAN:

From what I saw was that she was pointing toward the bailiff, and she is the one who is always jovial and smiling, and she seemed as though she was close to tears and she started pointing to the bailiff and she went like this, for the record, (Indicating), the time out sign like a "T." So may I suggest, your Honor, this may be--let's see--may be a time to end it today.

# 5 MR. KELBERG:

You know, your Honor, with an evening's rest, it might be easier for the jurors.

# 6 THE COURT:

It has been a long day.

# 7 MR. KELBERG:

It has been a long day.

# 8 MR. COCHRAN:

Tough day for these folks.

# 9 MR. KELBERG:

Judge, I would go until midnight if it was a matter of just doing it, but I think that it's tough stuff for any group of people to have to listen to for any period of time.

KEY QUOTE

# 10 THE COURT:

Robert, you are--

# 11 MR. DARDEN:

Does the board have to be that close to the box?

# 12 MR. COCHRAN:

Look at alternate no. 2.

# 13 MR. SHAPIRO:

I don't think this jury can concentrate.

KEY QUOTE

# 14 MR. COCHRAN:

Look at 1386, your Honor, and she had her eyes closed.

KEY QUOTE

# 15 THE COURT:

165 is--

# 16 MR. KELBERG:

We can't move the board back.

# 17 THE COURT:

All right. Let's call it a day.

Temperature

emotional

Key Quotes (4)

Johnnie Cochran

she is the one who is always jovial and smiling, and she seemed as though she was close to tears and she started pointing to the bailiff and she went like this, for the record, (Indicating), the time out sign like a 'T.'

Vivid description of juror distress; Cochran uses the moment to advocate for ending the day early.

Brian Kelberg

Judge, I would go until midnight if it was a matter of just doing it, but I think that it's tough stuff for any group of people to have to listen to for any period of time.

Prosecution concedes the testimony is emotionally taxing even for them, implicitly acknowledging the jury's burden.

Robert Shapiro

I don't think this jury can concentrate.

Blunt assessment from defense; signals concern that continued testimony would be counterproductive.

Johnnie Cochran

Look at 1386, your Honor, and she had her eyes closed.

Cochran calls attention to a specific juror (by number) who appears checked out, reinforcing the case for adjournment.

Notable Exchanges (2)

Johnnie Cochran•Brian Kelberg•Lance A. Ito

Both sides and the judge quickly aligned on ending the session early after observing a distressed juror signaling for a break. Unusual moment of cross-aisle agreement.

collaborative

Christopher Darden•Brian Kelberg

Darden raised whether a display board needed to be repositioned relative to the jury box, suggesting concern about juror comfort or sightlines.

procedural

Objections

None recorded

Proceeding 6322 • 17 utterances

Criminal Trial

Department 103