All right. Ladies and gentlemen, thank you for your patience, and I just have a few final instructions I need to give to you before you start your deliberations on this matter.

FINAL JURY INSTRUCTIONS

Ladies and gentlemen, I have not intended by anything that I have said or done or by any questions that I may have asked or by any of the rulings that I have made in your presence to intimate or suggest what you should find to be the facts or that I believe or disbelieve any of the witnesses. If anything that I have done during the course of this trial or said has seemed to so indicate to you, you will disregard it and form your own conclusion. The instructions which I have given to you will be made available in written form for your deliberations. They must not be defaced or written upon in any way. You will find that the instructions may be typed, printed or handwritten. Portions may have been added or deleted. You must disregard any deleted part of an instruction and not speculate as to what it was or as to the reason for its deletion.

You are not to be concerned with the reasons for any modifications. Every part of the text of an instruction, whether it is typed, printed or handwritten, is of equal importance. You are to be governed only by the instruction in its final wording. The People and the Defendant are entitled to the individual opinion of each juror. Each of you must consider the evidence for the purpose of reaching a verdict if you can do so. Each of you must decide the case for yourself, but should do so only after discussing the evidence and the instructions with the other jurors. Do not hesitate to change an opinion if you are convinced it is wrong. However, do not decide any question in a particular way because a majority of the jurors or any of them favor such a decision. Do not decide any issue in this case by chance such as the drawing of lots or by any other chance determination.

The attitude and conduct of jurors at all times are very important. It is rarely helpful for a juror at the beginning of the deliberations to express an emphatic opinion on the case or to announce a determination to stand for a certain verdict. When one does that at the outset, a sense of pride may be aroused and one may hesitate to change a position even if it is shown to be wrong. Remember that you are not partisans or advocates in this matter. You are the impartial judges of the facts. In your deliberations, do not discuss or consider the subject of penalty or punishment. That subject must not in any way affect your verdict. Do not disclose to anyone outside the jury, not even to me or to any member of my staff, either orally or in writing, how you may be divided numerically in your balloting as to any issue unless I specifically direct otherwise.

You have been given notebooks and pencils. You are to leave them in your seat in the jury room when you leave each day and at each recess. You will be able to take them into the jury room for your deliberations. You are reminded that notes are only an aid to memory and should not take precedence over independent recollection. A juror who does not take notes should rely upon his or her independent recollection of the evidence and not be influenced by the fact that other jurors do take notes. Notes are for the notetaker's own personal use in refreshing his or her recollection of the evidence. Finally, should any discrepancy exist between a juror's recollection of the evidence and his or her notes, he or she may request that the court reporter read back the relevant proceedings, and the trial transcript must prevail over any notes.

In this case, there are three possible verdicts as to each count. These various possible verdicts are set forth in the forms of verdict which you will receive. Only one of the possible verdicts may be returned by you as to any particular count. If you all have agreed upon one verdict as to a particular count, the corresponding form--excuse me--the corresponding form is the only verdict form to be signed as to that count. The other forms are to be left unsigned. During the periods of recess, you must not discuss with anyone any subject connected with this trial and you must not deliberate further upon the case until all 12 of you are together and reassembled in the jury room. Once the clerk or the bailiff has been notified that the jury has reassembled, you may continue your deliberations.

During the course of their arguments, counsel for both sides argued that, quote, "The world is watching," unquote. You are reminded that you must not be influenced by mere sentiment, conjecture, sympathy, passion, prejudice, public opinion or public feeling. Both the Prosecution and the Defendant have a right to expect that you will conscientiously consider and weigh all the evidence, apply the law as I have instructed you and reach a just verdict regardless of the consequences. You shall now retire and select one of your number to act as Foreperson. He or she will preside over your deliberations. In order to reach verdicts, all 12 jurors must agree as to the decision and as to any finding you have been instructed to include in your verdict. As soon as all of you have agreed upon a verdict so that when polled, each may state truthfully that the verdicts express his or her vote, have them dated and signed by your Foreperson and then return with them to this courtroom. You are to return to the clerk any unsigned verdict forms. Mrs. Robertson, are you prepared to swear the bailiff?

Yes, your Honor.

Sergeant Smith.

Raise your right hand, please. You do solemnly swear that you will take charge of the jury and keep them together, that you will not speak to them yourself, nor allow anyone else to speak to them, upon matters connected with this case except by order of this court, and when they have agreed upon a verdict, you will return them into the court, so help you God?

I do.

And further, do you solemnly swear that you'll take charge of the alternate jurors and keep them apart from the jury while they deliberate on the cause, until otherwise instructed by the court, so help you God?

I do.

All right. Ladies and gentlemen, I'm going to ask that you step into the jury room to proceed with your election of a Foreperson. As soon as you have done that, would you notify the bailiff by pressing on our buzzer three times here that you've reached a determination as to the Foreperson, and then I'll bring you out for the closing admonitions and then we'll conclude the session for the day. In fact, I think what I will do is give them the closing admonition at this time. Ladies and gentlemen, as I've indicated to you, you are not to discuss the case while you are away from the jury room. Your jury deliberations may take place only while all 12 of you are assembled in the jury room. Otherwise, when you go back to the hotel, when we conclude for the day and during the course of any recesses, you may not discuss amongst yourselves the facts and circumstances of the case. You may not conduct any deliberations while you are at the hotel or anywhere in-between. All right. And I'll ask the 12 jurors to step back into the jury room at this time and we'll have the bailiffs take charge of the two alternates. All right. I need to see counsel. Excuse me. Sergeant Smith, do we have anyone in the jury room presently?

I'll have to check.

If you could escort the two alternates to the jury room. Be seated, ladies and gentlemen.