One matter of sequestration I wanted to ask counsel about. My research attorney advises me that there is case law that alternate jurors are to be kept separate from sequestered jurors during part of their deliberations, which would mean--which includes at the hotel according to the case law that I've read. Now they've been admonished not to conduct any deliberations while they are away from the jury room here in the court--and I'll be issuing shortly a schedule of jury deliberations--what are your thoughts as far as keeping the two alternates separate?
Your Honor, with regard to that, I think you've admonished them. Defense has absolutely no objection to the alternates being able to be with the other jurors during the time they are at the hotel. They're not going to deliberate. They've been together all this time. I think that's appropriate. We have no objection to that, your Honor.
I've got to say, your Honor, I feel so sorry for them, how can we have two of them separated from all of them? It's hard enough where they live. I can't object to them being together after all they've been through. So--
KEY QUOTEAll right. It will be bad enough keeping them separate in another room during this time in any event. All right. Counsel, I am going to direct counsel to be available within one hour's phone call, within one hour of receiving a call from Mrs. Robertson, the clerk, to be available with regards to questions and jury read back. And I understand that both sides wish to be present during any read back. The Defendant wishes to be present; is that correct?
Yes, your Honor. That is, Mr. Carl Douglas will be sitting in for all read backs. Mr. Simpson would like to be present for all such read backs if the court pleases. There's one other request I have, your Honor, with regard to the verdict when you get to that point. Shall I do that now?
All right. Miss Clark, any problem with designating one individual on your team to be the person to respond within one hour to Mrs. Robertson's call?
Yes. I mean no. No. Is it all right with the court we can alternate? I don't want to have any one person always be summoned and absolutely, I'll have somebody here in one hour.
Yes. The court--as the court knows, this is part of the case where one does not know how long it will take. And this has been a very long trial, and because counsel have been tied up in this matter for some time--maybe we have a verdict already. They want to go home. Any question would be moot.
Good sign that they can agree that quickly on a Foreperson. But since--can we have it quiet, please.
KEY QUOTEThe point I was going to indicate to the court is whether or not--it may not be necessary--whether or not we may be able to--and the court will be out of the area I believe on some weekends--and that could we have a 24-hour window from the time that the court gets the verdict to the time that all counsel who wants to be present if it's at all possible?
My concern, counsel, is that we have a sequestered jury, and to keep them any longer than is necessary after they deliver a verdict would be very difficult.
Let's say four hours. Let's see where you are when it happens. Let's not create any windows that are too wide, keeping in mind that once this jury reaches a verdict, I expect they'll want to go home.
KEY QUOTEAll right. That will give all parties enough time to get their--the interested parties together and to assemble here at the courthouse. All right. Miss Clark, Mr. Cochran, anything else we need to take up?
One question. If the verdict is at 5:00 o'clock in the afternoon, I presume court will then go over more than likely to the next day?
I'll issue a deliberation schedule, an anticipated schedule of returning verdicts while this jury deliberates contemplating--as you know, the jury is asking for permission to deliberate on Saturdays, as they're telling me on the questionnaire since they're here, they might as well work on Saturday. If a verdict is returned on a Saturday, it will probably be held until Monday essentially because of logistical problems of opening the courthouse over the weekend to take a verdict.
So you should anticipate that. Anything else? All right. Counsel, thank you very much.
I've got to say, your Honor, I feel so sorry for them, how can we have two of them separated from all of them? It's hard enough where they live. I can't object to them being together after all they've been through.
That seems the humane thing to do.
Good sign that they can agree that quickly on a Foreperson.
Let's say four hours. Let's see where you are when it happens. Let's not create any windows that are too wide, keeping in mind that once this jury reaches a verdict, I expect they'll want to go home.