Jury instructions

📄 Jury instructions — Wednesday, September 20, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\20\JURY-INSTRUCTIONS.DOC

TRIAL

▲ Day 158 of 167

◀ Motion: Sims recall and syringe stipulation Direct examination of Comm. Keith Bushey ▶

Date: Wednesday, September 20, 1995 • Utterances: 3

Judge Ito addresses the jury to explain a procedural change in witness order, noting that he has required the prosecution to begin their rebuttal case before the defense formally rested due to unresolved issues. He frames the reordering as a matter of efficiency and then invites the prosecution to call their next witness.

# 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. And let the record reflect that we have been rejoined by all the members of our jury panel. Good morning again, ladies and gentlemen.

THE JURY: Good morning.

# 3 THE COURT:

Ladies and gentlemen, one of the things that the trial court is empowered to do is to change the order of witnesses and change who gets to present evidence at what particular time. And if you recollect, I've required the Prosecution to start their rebuttal case before the Defense formally rested because there were some issues that were still left open. At this time I'm going to allow the Prosecution to call a witness in rebuttal to some of the Defense case that we just heard, again out of order, but in order to use your time and our time most efficiently. All right. Miss Clark.

Temperature

routine

Key Quotes (1)

Lance A. Ito

I've required the Prosecution to start their rebuttal case before the Defense formally rested because there were some issues that were still left open.

Reveals the unusual procedural posture of the trial at this point — the defense had not yet formally rested, yet rebuttal was already underway.

Objections

None recorded

Proceeding 7783 • 3 utterances

Criminal Trial

Department 103