Jury returns to courtroom

📄 Jury returns to courtroom — Monday, September 11, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\11\JURY-RETURNS-TO-COURTROOM.DOC

TRIAL

▲ Day 151 of 167

◀ Legal discussions Direct examination of Mark Krueger ▶

Date: Monday, September 11, 1995 • Utterances: 5

Judge Ito brings the jury back into the courtroom and explains an unusual procedural situation: the Defense has not yet formally rested, but unresolved legal issues have caused delays. Rather than waste the jury's time, Ito exercises his judicial discretion to allow the Prosecution to begin presenting rebuttal witnesses even though the Defense case is technically still open.

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

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. You all look vaguely familiar. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

# 3 THE COURT:

All right. Let the record reflect that we've been rejoined by all the members of our jury panel. Ladies and gentlemen, my apologies to you for the delay in getting started today. As I mentioned to you, there were a number of significant legal issues that I had to resolve, some of which are still unresolved. As a result, the prose--excuse me--the Defense has indicated to me that they have not finalized their decision whether to rest their case at this point in time, and I have allowed them to delay that decision for a brief period of time to give them the opportunity to contemplate the legal issues and the factual issues that are involved in making that decision. However, as the trial court Judge, I have the discretion to adjust the order in which evidence is presented to you, and I have decided to exercise that discretion and I am directing the Prosecution to make use of this time by beginning the presentation of some of their rebuttal witnesses. So at this time, you should understand that the Defense has not formally rested their case. However, the Prosecution will take advantage of this time since we have you here to begin presenting rebuttal witnesses as to their rebuttal case. So you should underline that we're shifting focus at this point in time, but we have not concluded the Defense case yet. All right. Miss Clark, are you prepared to present a new witness on your rebuttal case?

# 4 MS. CLARK:

Yes, I am, your Honor.

R E B U T T A L

# 5 THE COURT:

All right. You may call your first rebuttal witness.

Temperature

procedural

Key Quotes (3)

Lance A. Ito

You all look vaguely familiar.

A rare moment of levity from Ito, acknowledging the jury with a light joke after a delay.

Lance A. Ito

The Defense has indicated to me that they have not finalized their decision whether to rest their case at this point in time, and I have allowed them to delay that decision for a brief period of time to give them the opportunity to contemplate the legal issues and the factual issues that are involved in making that decision.

Reveals that significant unresolved legal issues are keeping the Defense from formally resting — a notable moment of procedural uncertainty late in the trial.

Lance A. Ito

You should underline that we're shifting focus at this point in time, but we have not concluded the Defense case yet.

Ito carefully instructs the jury to hold two things in mind simultaneously — the Defense case is still open while rebuttal begins.

Notable Exchanges (1)

Lance A. Ito•Marcia Clark

Ito confirms Clark is ready, she confirms she is, and he directs her to call her first rebuttal witness.

procedural

Light Moments (1)

Lance A. Ito

Judge Ito greets the returning jury with 'You all look vaguely familiar.'

Objections

None recorded

Proceeding 7585 • 5 utterances

Criminal Trial

Department 103