Preliminary Jury Instructions — Trial Conduct, Communication Rules, and Defendant's Rights
124 linesBAILIFF: Court is now in session, the Honorable Judge Stephen Everett, now presiding.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: We have the Court TV staff here.
JUDGE EVERETT: I've been told that you're wanting to test, ma'am, did you already do that?
COURT STAFF: Yes.
JUDGE EVERETT: Okay.
COURT STAFF: That's just the small addition that is already sitting on the witness microphone here.
JUDGE EVERETT: And on the jury box, where is the microphone?
JUDGE EVERETT: If you can show me.
OFF RECORD: Your Honor?
JUDGE EVERETT: Yes, ma'am.
COURT STAFF: Those are the flat marks on the rail.
JUDGE EVERETT: And this has already been tested with the --
COURT STAFF: Yes.
JUDGE EVERETT: Those microphone additions will be fine.
JUDGE EVERETT: Ready, still photography — that's to take place. Uh, this camera does not click or make noise, correct? All right, it needs to be completely silent if any still photography is to take place. Once again, no pictures of the jurors, no video of the jurors. Their identities are to remain unknown until the trial has been concluded.
JUDGE EVERETT: The parties have anything that they wish to bring to the court's attention before we get going?
MR. RASHBAUM: Judge, briefly, may we do a sidebar?
JUDGE EVERETT: You may.
JUDGE EVERETT: I want to bring the jurors in. It started this morning. I just want to — It was brought to my attention yesterday that someone was taking a photograph to try to zoom in on what was happening at the defense table.
JUDGE EVERETT: Whether it be the state or the defense, no one is to be doing any zooming in of what is being communicated between counsel or the parties or in some way trying to decipher what is taking place with them.
JUDGE EVERETT: Also, whenever you jurors are in the building or create an issue, that's going to appear with the trial itself actually taking place. Anyone have any questions concerning this?
JUDGE EVERETT: Yes, ma'am.
BAILIFF: Your Honor, just a quick question. Um, I set up my camera this morning in the hallway. Whenever I saw someone that wasn't legal counsel, I turned it away. Is that okay, or would you prefer me to not do things like that?
JUDGE EVERETT: You can have cameras in the hallway — is really the issue. Again, it is broadcasting anything that the numbers are of the jurors until the trial is over. It's not to be released either in photographic, video form, or any — questions, concerned?
JUDGE EVERETT: Do we have all the jurors in the back?
COURT STAFF: We do.
JUDGE EVERETT: This probably will be something that we go through frequently.
JUDGE EVERETT: Are we on potty break right now, or are we good to come out?
BAILIFF: They have been. Let me get a head count. If they are ready — are you ready, or?
JUDGE EVERETT: I'm ready if they are.
BAILIFF: Okay, I will check on them.
JUDGE EVERETT: 15 people a new one is a bit of a task. So once they're finished with their restroom breaks, they'll be brought out.
JUDGE EVERETT: Also, as a preliminary matter while we're waiting, did either party request any instructions other than what was discussed yesterday — the preliminary instruction and the note-taking instruction?
JUDGE EVERETT: Mr. Rashbaum, as a part of the preliminary instruction, there is a portion that's optional concerning the right to remain silent. Do you desire to have it read?
MR. RASHBAUM: Yes, Your Honor.
JUDGE EVERETT: It will be read.
MS. CAPPLEMAN: If we're waiting a couple minutes on the juror, we do have some stipulations, Your Honor.
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: May I approach with two stipulations — one regarding DNA evidence and one, some surveillance stipulations of authenticity regarding surveillance cases?
JUDGE EVERETT: You may.
JUDGE EVERETT: Stipulations that have been previously provided by the parties concerning the firearm — state exhibits 122 and 123 — and also the drop-off and pick-up schedule. I assume the parties are just going to alert me to the time when they wish these to be read.
MS. CAPPLEMAN: Yes, Your Honor. And that's true of the DNA stipulation as well that I've just handed to you.
JUDGE EVERETT: Okay.
JUDGE EVERETT: Thank you. I — like to call that the James Bevel Memorial Rule, for defense counsel who does not know what I'm talking about.
MR. RASHBAUM: I do know.
JUDGE EVERETT: Okay.
JUDGE EVERETT: Said with respect and for Mr. Bevel, but still a good reminder.
JUDGE EVERETT: Good morning, ladies and gentlemen of the jury.
JUDGE EVERETT: Before we get started with the trial, I'm going to give you an instruction that's going to explain to you how the trial is going to be conducted.
JUDGE EVERETT: Also, I'm going to give you an instruction concerning note-taking as well. Does everyone have a notepad and pen in their seats?
JUROR: Yes, sir.
JUDGE EVERETT: All right. And for the record, the jurors have answered in the affirmative.
JUDGE EVERETT: Once I have given those two instructions to you, the attorneys are going to present their opening statements, and the state will begin with the presentation of its case.
JUDGE EVERETT: Once again, I will be reading to you a fair amount during the trial. It's not that I don't wish to have a normal conversation with you, but rather the instruction on the law that you're to receive throughout the trial must be specific and uniform.
JUDGE EVERETT: Ladies and gentlemen of the jury, you have been selected and sworn as the jury to try the case of the State of Florida versus Charles Adelson.
JUDGE EVERETT: This is a criminal case.
JUDGE EVERETT: Charles Adelson is charged with first-degree murder, conspiracy to commit murder, and solicitation to commit murder. The definition of these offenses will be explained to you later in the trial.
JUDGE EVERETT: The state's charging document, which is called an indictment, is not evidence and is not to be considered by you as any proof of guilt. It will be my responsibility during this trial to explain the law to you. It is your solemn responsibility to determine if the state proved its accusations beyond a reasonable doubt against Charles Adelson in accordance with the law that I will provide to you. Thus, the province of the jury and the province of the court are well defined, and they do not overlap.
JUDGE EVERETT: This is one of the fundamental principles of our system of justice.
JUDGE EVERETT: Before proceeding further, it will be helpful if you understand how a trial is conducted.
JUDGE EVERETT: At the beginning of the trial, the attorneys will have an opportunity, if they wish, to make an opening statement. The opening statement gives the attorneys a chance to tell you what evidence they believe will be presented during the trial. What the lawyers say is not evidence, and you are not to consider it as such.
JUDGE EVERETT: Following the opening statements, witnesses will be called to testify under oath. They will be examined and cross-examined by the attorneys.
JUDGE EVERETT: Documents and other exhibits may also be produced as evidence.
JUDGE EVERETT: After the evidence has been presented, I will give you instructions on the law. The attorneys will then have their opportunity to make their closing arguments.
JUDGE EVERETT: Following the closing arguments by the attorneys, I will conclude in giving you final instructions.
JUDGE EVERETT: After the final instructions have been given, the alternate jurors will be released, and you will then retire to consider your verdict.
JUDGE EVERETT: You should not form any definite or fixed opinion on the merits of this case until you have heard all the evidence, the argument of the lawyers, and the instruction on the law that I will provide to you. Until that time, you should not discuss this case amongst yourselves.
JUDGE EVERETT: Your verdict must be based solely on the evidence or the lack of evidence and the law.
JUDGE EVERETT: I now instruct you not to communicate with anyone, including your fellow jurors, about this case.
JUDGE EVERETT: No communication includes no emailing, text messaging, tweeting, blogging, or any other form of communication.
JUDGE EVERETT: You cannot do any research about the case, or look up any information that is related to the case.
JUDGE EVERETT: If you become aware of any violation of these rules at all, please notify my bailiff concerning the violation.
JUDGE EVERETT: During the course of the trial, we may have to take recesses or breaks.
JUDGE EVERETT: During these recesses or breaks, you will either be returned to the jury room or you will be permitted to separate and go about your affairs.
JUDGE EVERETT: During these recesses or breaks, you must not discuss the case with anyone nor permit anyone to say anything to you or in your presence about this case.
JUDGE EVERETT: If anyone attempts to say anything to you or in your presence about this case, please tell him or her that you are on the jury that is trying the case and ask that person to stop.
JUDGE EVERETT: If he or she persists, leave that person at once and immediately report the matter to my bailiff who will advise me concerning the situation.
JUDGE EVERETT: All cell phones, computers, tablets, and other types of electronic devices must be turned off while you're in the courtroom.
JUDGE EVERETT: Turned off means that the phone or other electronic device is actually off and not in a silent or vibrating mode.
JUDGE EVERETT: You may use your devices during any recesses or breaks, but even then you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people that are involved in the case.
JUDGE EVERETT: Do not take photographs, video recordings, or audio recordings of the proceedings or of your fellow jurors.
JUDGE EVERETT: After each recess or break, please double-check to make sure your cell phone or electronic device is turned off.
JUDGE EVERETT: At the end of the case, while you are deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers, or other electronic devices.
JUDGE EVERETT: If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number will be provided to you for this very purpose.
JUDGE EVERETT: The case must be tried by you only on the evidence that is presented during the trial in your presence and in the presence of the defendant, the attorneys, and myself.
JUDGE EVERETT: Jurors must not conduct any investigation of their own.
JUDGE EVERETT: This includes reading newspapers, watching television, using a computer, cell phone, the internet, any electronic device, or any other means at all to get information related to this case or the people and places that are involved in this case.
JUDGE EVERETT: This instruction is going to apply to you whether you're in the courthouse, at home, or anywhere else.
JUDGE EVERETT: You must not visit places mentioned in the trial or use the Internet to look at maps or pictures to see any place that is discussed during the trial.
JUDGE EVERETT: Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved.
JUDGE EVERETT: So do not let even the closest family members make comments to you or ask questions about the trial.
JUDGE EVERETT: In this age of electronic communication, I want to stress again that just as you must not talk about this case face-to-face, you must not talk about this case by using an electronic device.
JUDGE EVERETT: You must not use phones, computers, or other electronic devices to communicate.
JUDGE EVERETT: Do not send or accept any messages related to this case or your jury service.
JUDGE EVERETT: Do not discuss this case or ask for advice by any means at all, including posting information on an internet website, chat room, or blog.
JUDGE EVERETT: What are the reasons for these rules?
JUDGE EVERETT: These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom.
JUDGE EVERETT: If you investigate, research, or make inquiries on your own, I will have no way to make sure the information you have obtained is proper and relevant to this case.
JUDGE EVERETT: The parties likewise have no opportunity to dispute or challenge the accuracy of what you may find. That is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence.
JUDGE EVERETT: Any independent investigation by a juror unfairly and improperly prevents the parties from having the opportunity that our judicial system promises.
JUDGE EVERETT: Any juror who violates these restrictions jeopardizes the fairness of the proceedings, and a mistrial could result that would require the entire trial process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court, and all taxpayers.
JUDGE EVERETT: If you violate these rules, you may be held in contempt of court and face sanctions such as serving time in jail, paying a fine, or possibly both.
JUDGE EVERETT: In every criminal proceeding, a defendant has the absolute right to remain silent.
JUDGE EVERETT: At no time is it the duty of a defendant to prove his innocence.
JUDGE EVERETT: From the exercise of a defendant's right to remain silent, a jury is not permitted to draw any inference of guilt, and the fact that a defendant did not take the witness stand must not influence your verdict in any manner whatsoever.
JUDGE EVERETT: The attorneys are trained in the rules of evidence and trial procedure, and it is their duty to make all objections they feel are proper.
JUDGE EVERETT: When an objection is made, you should not speculate on the reason why it has been made.
JUDGE EVERETT: Likewise, when an objection is sustained or upheld by me, you must not speculate on what might have occurred had the objection not been sustained, nor what a witness might have said instead had he or she been permitted to answer the question.
JUDGE EVERETT: During the trial, it may be necessary for me to confer with the attorneys out of your hearing to discuss matters that require my consideration alone.
JUDGE EVERETT: It is impossible to predict when such a conference may be required or for how long that conference may last.
JUDGE EVERETT: When such conferences occur, they will be conducted so as to consume as little of your time as is necessary for a fair and orderly trial of this case.
JUDGE EVERETT: If you would like to take notes during the trial, you may do so.
JUDGE EVERETT: On the other hand, of course, you are not required to take notes if you do not want to.
JUDGE EVERETT: That will be left up to each juror as an individual choice.
JUDGE EVERETT: You have been provided with a notepad and pen for your use if you wish to take notes.
JUDGE EVERETT: Any notes that you take will be for your use.
JUDGE EVERETT: However, you are not to take your notepads from the courtroom.
JUDGE EVERETT: During any recess or break, you are to leave your notepads in your seats, and you will have possession of them once again when we reconvene.
JUDGE EVERETT: After you have completed your deliberations in this matter, my bailiff will deliver your notepads to me.
JUDGE EVERETT: From there, they will be destroyed.
JUDGE EVERETT: No one will ever read your notes.
JUDGE EVERETT: If you choose to take notes, do not get so involved in note-taking that you become distracted from the actual proceedings.
JUDGE EVERETT: Your notes should only be used as an aid to your memory.