Procedural - Jury Sent to Deliberate - Day 31

Both sides deliver closing arguments and Judge Cannone instructs the jury, which retires to deliberate late in the afternoon.

← Day 30

Day 32 →

Procedural Procedural - Jury Sent to Deliberate

1 4:34:12

COURT CLERK: Could the juror sitting in seat number three, who is juror 79, step down and take your place as an alternate, and the juror sitting in seat number two, juror 14.

2 4:34:21

JUDGE CANNONE: All right, so ladies and gentlemen, we need to swear in the court officers. They're going to be in charge of you during your deliberations. I suggest that you listen to the oath that they are taking so that you can be aware of their responsibilities. Now you can swear them, Mr. Clerk.

3 4:34:36

COURT CLERK: You swear that you will keep this jury and alternates in some separate but convenient place until they agree, that you not suffer any person to speak to them, nor speak to them yourselves, nor ask them if they are agreed, nor suffer them to disperse until they're discharged of their verdict, except by further word of the court. So help you God.

4 4:34:55

JUDGE CANNONE: Thank you. All right, so jurors, I need not remind you that you have an important responsibility, but I believe that you will bring to bear all the wisdom and the judgment [unintelligible] that you possess in reaching your verdict in this case. All that we can expect from you is that you decide the case with integrity and with principle. We all expect you to reach an impartial verdict dictated by your logic, without bias, without prejudice or sympathy, and not prompted by any facts except those that you have heard in here in the court during trial. We are looking for impartial judgment dictated by your reasoning, and the fullest discharge of your oath as jurors. You may now retire and deliberate your verdict.

5 4:35:33

COURT OFFICER: Jurors, at this time, taking your notebooks. All rise. Follow me.

6 4:35:37

JUDGE CANNONE: May be seated. All right, so counsel, I'll give you a few minutes to work with Mr. McDermott on the verdict slips, and then I'll come back out. Thank you.

7 4:35:49

COURT OFFICER: All rise for the court.

8 7:31:58

COURT OFFICER: All rise.

9 7:33:08

JUDGE CANNONE: Thank you. Be seated. All right, jurors, so as you know I sent you a note at 4:00 asking if you wanted to go home and come back tomorrow — you said yes. I apologize it took us so long to get everybody together to do this. So I'm going to excuse you for today. When you come back tomorrow you will start again after coming into the courtroom. So I do have to give you those three cautions, and the cautions also concern the alternates. So please do not discuss this case or any aspect of this case with anybody. Do not do any independent research or investigation into this case. If you happen to see, hear, or read anything about this case, please disregard it and

Summary

The court clerk removes jurors 79 and 14 to alternate status, reducing the panel to twelve deliberating jurors. Judge Cannone directs the clerk to swear in the court officers who will supervise the jury during deliberations. After administering the oath, Judge Cannone delivers a final charge reminding jurors to decide the case with integrity, without bias or sympathy, based solely on the evidence presented at trial. The jury retires to deliberate at approximately 4:35 PM. After nearly three hours, the jury sends word they wish to adjourn for the day, and Judge Cannone excuses them with the standard cautions against discussing the case or conducting independent research.

Procedural Procedural - Jury Sent to Deliberate

Topics

alternate juror selection by seat numberswearing in of court officers for deliberation supervisionfinal judicial charge to jury before deliberationsjury request to adjourn after first day of deliberationsstandard jury cautions on case discussion and independent research

← Jury Instructions 4 of 4 Day 32 → Deliberation - Day 1