📄 Jury instruction: trial status — Friday, September 1, 1995
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TRIAL
▲ Day 146 of 167

Jury instruction: trial status

Date: Friday, September 1, 1995 • Utterances: 3
Judge Ito addresses the sequestered jury after several days of delay to apologize for complex evidentiary matters that kept them waiting. He acknowledges their frustration — relayed by bailiffs six times that morning — explains no witnesses will be heard that day, and tells them trial will resume Tuesday after the holiday. The tone is warm and personal, with jokes about gifts the jury brought him and a rough van ride.
1 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. Let the record reflect that all the members of our jury panel have rejoined us, folks that we haven't seen for several days. I seem to recognize most of you. Good morning, ladies and gentlemen.

THE JURY: Good morning.

2 THE COURT:

I understand that the ride back yesterday was a little rough?

THE JURY: Pretty rough.

3 THE COURT:

Pretty rough? I understand Deputy Dinwittie was the worse of them all. Thank you for the Catalina hourglass. I appreciate that. As you know, we've been engaged--as I mentioned to you the other evening when I came over to the hotel to talk to you all, that we've had some serious evidentiary problems that I've had to resolve and that we've been working on ever since. And part of the problem was, one of the issues was very complex, and I had to take two full days both here in the courthouse and at home working on some of these issues, and we've pretty much shot the day resolving those matters. So I apologize to you. The bailiffs have communicated to me on six separate occasions this morning that you are not happy campers to be kept on ice again for such a long period. And the attorneys will tell you, will nod in unison that my proddings to them are always, we have to remember that we have a jury that is sequestered and that is sitting and doing nothing and essentially going nuts while we're out here arguing these legal points. And I want you to know that we are all very cognizant of the fact that you're back there or that you're back at the hotel. We know that you don't all like to go shopping all day every day, and I apologize to you. I've tried to convey to you how personally I feel for your welfare. And I know that you're not happy to hear this again, but we have concluded the session. I have other sessions scheduled this afternoon with the lawyers to try to resolve these matters. I had wanted to at least get one witness on and start it in front of you today so you would feel that the day was not a complete waste of your time. But unfortunately, the time has come where we just don't have enough time to do that for the remainder of the day. I don't want to be overly dramatic about this with you, but I want you to know that it pains me deeply to know that you're there and that we're not accomplishing things and it seems to you that we're not moving forward, and I can't think of any other way to express it other than to tell you that I'm deeply sorry for that. I'll do my best to make sure you have some other activities to take up your time and we will proceed with witnesses Tuesday morning when we come back after the holiday. So having said that--oh, by the way, thanks for the cigar. I appreciate that as well. Remember my admonitions to you; don't discuss the case amongst yourselves, don't form any opinions--this is especially important--do not allow anybody to communicate with you with regards to the case. You may have a deep curiosity as to what it is that has interrupted the trial for such a long period of time. And at some point in time, after the trial is over, we'll let you know what that is. But you have to remain steadfast in your commitment to the court that you will not allow anybody to communicate with you with regards to these matters. I indicated to you when we started the trial that we would keep a compilation of the press clippings, some of the television coverage on videotapes so that you'll be able to find out what the big deal was or wasn't as the case may be while you were being kept in the dark. And I understand it's not fair to you. It may not seem fair to you, but at some point in time, you will be able to know what it was that was occupying our time here. I can just assure you that this has been very difficult for me, it's been very difficult for the lawyers and it's been a very difficult process for us all, and I know I share the opinion of both sides that we are deeply saddened that this has been a burden to you. All right. Having said that, we'll stand in recess, as far as the jury is concerned, until Tuesday morning. As far as the lawyers are concerned, we'll stand in recess until 2 o'clock.

Temperature

light

Key Quotes (3)

Lance A. Ito
The bailiffs have communicated to me on six separate occasions this morning that you are not happy campers to be kept on ice again for such a long period.
Candid acknowledgment of jury frustration; reveals the court was acutely aware of sequestration burden.
Lance A. Ito
I don't want to be overly dramatic about this with you, but I want you to know that it pains me deeply to know that you're there and that we're not accomplishing things.
Unusually personal expression of empathy from the bench, reflecting the strain of a prolonged sequestration.
Lance A. Ito
At some point in time, after the trial is over, we'll let you know what that is.
Confirms the evidentiary dispute was significant enough to be shielded from the jury entirely, with resolution promised only post-verdict.

Evidence (1)

Informal
Unspecified complex evidentiary matters kept under seal from the jury
discussed in general terms; resolution deferred until after trial

Notable Exchanges (1)

Lance A. ItoThe Jury
Judge asked about the rough ride back; jury collectively confirmed it was 'pretty rough,' prompting Ito to single out Deputy Dinwittie as the worst offender.
light

Light Moments (3)

Lance A. Ito
Ito thanked the jury for a Catalina hourglass gift they brought him.
Lance A. Ito
Ito also thanked the jury for a cigar.
Lance A. Ito
Judge called out Deputy Dinwittie by name as 'the worse of them all' regarding the rough van ride back.

Objections

None recorded
Proceeding 7475 • 3 utterances
Criminal Trial
Department 103
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📂 SEP 1, 1995 📄 Jury instruction: trial status
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