Commonwealth v. Read — Trial ArchiveProcedural — Jury Viewing
12 linesJUDGE CANNONE: All right. Jurors, we are getting ready to go for our view. So we are about to visit a place which you'll be hearing about some more, you've heard about, you've seen photographs of. And, in court terminology, we call this a view. The purpose of the view is to help you better to understand the evidence which you'll hear during the trial and to help you appreciate the location and its surroundings. The view that you take is a part of this case. The observations that you make while on the view may be used and considered in your deliberations in reaching a verdict. The place that we're going to go you've seen photos of. You've heard it's 34 Fairview Road. The lawyers and I will accompany you on the bus. The attorneys may point out to you the arrangement of the scene and items that they want you to pay special note of. But, otherwise, they cannot discuss anything in this case in regard to this case. They can't talk to you. All right?
They'll be able to do an opening here, and they will be able to point these things out. While you're on the view, it's very important that you can't take notes and you certainly can't use your phones and take photographs. All right? It's really just for you to see. You cannot conduct any independent investigation while we are there or at any time during the trial as you've been told. You're not to return to the scene or ask anyone else to do it for you until the case is over. So this is your opportunity to take a look when we go. What you are to do on the view may be best summarized in two very familiar words, which is, stop and look. Okay? Your responsibility is to see the place, to observe it carefully and to remember what you see. So during your trip to and from the place that we are going to view, you are not to discuss this case or anything about it among yourselves or with anyone, and you're not to permit anyone to talk with you about the case.
You will be under the supervision of our great court officers at all times, and you'll remain together until you return to court unless the court officers direct you otherwise. And, just so that you know, because some of this came up during our jury selection process, spectators, if there are any, and all members of the press have been ordered to stay 100 yards away from you. All right? So you can go and you can look and take your time looking without worrying about any interference from anyone. All right? So with that, Mr. Clerk, could you swear in, please, the court officers.
(Whereupon, the court officers are duly Sworn.)
JUDGE CANNONE: So, Mr. Lally, do you want to doa short view opening?
MR. LALLY: Yes. Thank you. VIEW OPENING ON BEHALF OF THE COMMONWEALTH:
MR. LALLY: So, ladies and gentlemen, as Her Honor just described, we are about to go toa place. When we arrive there and during the time when we are there, this is not a point where we can have any sort of conversation or back and forth. So all I'm going to be asking you to do is just take note of certain locations and certain items as you see. And, again, as with anything in this case, this is as you find them, as you observe them. Okay? So first, I'm going to ask you to sort of when we arrive ina general area as far as taking note of sort of street names, when you're coming into and when you're exiting form this particular area. When we arrive at a specific location, I am going to ask you to take note of certain things about the roadway. Okay?
Certainly any abutments to the roadway, any residences that you observe, the distances between the roadway and landmarks or any items that you observe on the property; specifically a driveway, specifically a front door, any other sort of items of interest within the front lawn area of that home. I am also going to ask you to take note of the roadway, itself, and sort of the width of that roadway, whether or not you find any sort of lanes separating within that roadway and individual width of some of those lanes, as well. Lastly, there is also going to be a vehicle there, as well; and I am going to ask you to take note of certain things with respect to that vehicle, with respect to the size of the vehicle, with respect to the height of the vehicle, with respect to anything that you observe specifically from the front, the side, the back, all of the exterior of that vehicle, and then also some of the interior of that vehicle. Specifically, I'm going to ask you to take note of sort of the center console in the front driver's compartment of that vehicle and anything you observe in that location, as well. And that is all I am asking you to do on this case, and I thank you again for your time.
JUDGE CANNONE: Mr. Jackson? VIEW OPENING ON BEHALF OF THE DEFENDANT
MR. JACKSON: Thank you, ladies and gentlemen. This is the firs time we've been able to -- I've been able to speak to you directly. So I want to take the opportunity to introduce myself and thank you for your service and thank you for your time and commitment to this. I am going to echo a lot of what Mr. Lally just said. There is nothing magical about this other than it gives you perspective. It's an opportunity to introduce you in three-dimensional form to stuff that you've been seeing in two- dimensional form: the photographs, some of the testimony, diagrams that you might see.
JUDGE CANNONE: I'm sorry. We're really pointed on what you can say.
MR. JACKSON: What we are going to ask you to do is take special note of the relationships of physical items out at the scene. Much as Mr. Lally just indicated, there are going to be physical things out at the scene. You've heard about a flagpole, a fire hydrant, a house. We are going to ask you to take special note of where those are in relation to other things physically at the scene that will hopefully, with the Court's instruction, give you some assistance in putting together the testimony that you think is relevant and the documents that you think are relevant. Again, to echo what Mr. Lally said, we are going to ask you to look at the roadway, the vehicle, the house, the physical items at the home and the relationship between and among all of those things to each other. Hopefully, that will give you a very good understanding of what we are dealing with, especially with the exhibits. Thank you.
JUDGE CANNONE: All right. So, folks, we are all set. We will see you at the bus in one minute.
(Whereupon, the jury exits the courtroom and is escorted to the bus.)
(Without jury.)