1.Preliminary Jury Instructions — Trial Conduct, Communication Rules, and Defendant's Rights

JUDGE EVERETT: All right. Those microphone additions will be fine.

For any still photography that's to take place, this camera does not click or make noise; correct?

Go ahead. 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.

The parties have anything they wish to bring to the Court's attention before we get going?

JUDGE EVERETT: One moment. Just as a reminder, during these sidebars, the jurors are not going to hear what's being discussed, but I believe it's going out over any sort of live feed or recordings that are taking place. So I'm just reminding you of this.

Go ahead, Mr. Rashbaum.

JUDGE EVERETT: I do not disagree with you.

Ms. Cappleman, I don't know if the State has anything to add concerning those.

JUDGE EVERETT: Before we bring the jurors in to get started this morning, I just wanted to also provide two additional points to the media members.

It came to my attention yesterday that someone was taking photographs or trying to zoom in on what was happening at Defense table. Whether it be the State or Defense, no one is to be doing the 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.

Also, whenever the jurors are in the building, the media members are not to engage them. Again, we do not want to have a mistrial or create an issue that"s going to interfere with the trial itself actually taking place.

Anyone have any questions concerning this?

Yes, ma‘’am.

JUDGE EVERETT: You can have cameras in the hallways. Really the issue, again, is broadcasting anything that would otherwise identify a potential juror. I don't know if all of you know who the jurors are, but, again, whether it be traditional media or new media, the identities of the jurors until the trial is over is not to be released, either photographic, video form, or through dissemination of any information.

Any questions concerning this? Okay. Very well.

Do we have all the jurors in the back?

JUDGE EVERETT: I'm sure, as counsel are aware, moving 15 people in unison is a bit of a task, so once they're finished with their restroom breaks, they'll be brought out.

Also as a preliminary matter while we're waiting, did either party request any instructions other than what was discussed yesterday -- the preliminary instruction, the note taking instruction?

JUDGE EVERETT: You may. Thank you.

The stipulations that have been previously provided by the parties concerning the firearm, State Exhibits 122 and 123, and also the drop-off and pickup schedule, I assume the parties are just going to alert me to the time to when they wish these to be read.

JUDGE EVERETT: Okay. Thank you.

Ms. Dugan, Mr. Newlin, for the computer that's being used, there's no instant messaging or anything that's going to pop up on the screen; correct?

JUDGE EVERETT: All right. I like to call that the James Beville memorial rule.

For Defense counsel who does not know what I'm talking about --

JUDGE EVERETT: Everyone may be seated.

Good morning, ladies and gentlemen of the jury.

JURORS (Collectively): Good morning.

JUDGE EVERETT: Before we get started with the trial, I'm going to give you instruction that's going to explain to you how the trial is going to be conducted. Also I'm going to give an instruction concerning note taking as well.

Does everyone have a notepad and pen in their seats?

JURORS (Collectively): Yes, sir. Yes.

JUDGE EVERETT: All right. And for the record, the jurors have answered in the affirmative.

Once I've 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.

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.

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. This is a criminal case. 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.

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. This is one of the fundamental principles of our system of justice.

Before proceeding further, it will be helpful if you understand how a trial is conducted. 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.

Following the opening statements, witnesses will be called to testify under oath. They will be examined and cross-examined by the attorneys. Documents and other exhibits may also be produced as evidence.

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. Following the closing arguments by the attorneys, I will conclude in giving you final instructions. After the final instruction have been given, the alternate jurors will be released, and you will then retire to consider your verdict.

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.

Your verdict must be based solely on the evidence or the lack of evidence and the law. I now instruct you not to communicate with anyone, including your fellow jurors, about this case. No communication includes no emailing, text messaging, tweeting, blogging, or any other form of communication. You cannot do any research about the case or look up any information that is related to the case. If you become aware of any violation of these rules at all, please notify my bailiff concerning the violation.

During the course of the trial, we may have to take recesses or breaks. During these recesses or breaks, you will either be returned to the jury room, or you'll be permitted to separate and go about your affairs. 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. If anyone attempts to say anything to you or in your presence about the case, please tell him or her that you are on the jury that is trying the case and ask that person to stop. 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.

All cell phones, computers, tablets, and other types of electronic devices must be turned off while you are in the courtroom. “Turned off" means that the phone or other electronic device is actually off and not in a silent or vibrating mode. 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. After each recess or break, please double check to make sure your cell phone or electronic device is turned off.

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.

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,

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.

Jurors must not conduct any investigation of their own. 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. This instruction is going to apply to you whether you're in the courthouse, at home, or anywhere else.

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.

Jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. So do not let even the closest family members make comments to you or ask questions about the trial.

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. You must not use phones, computers, or other electronic devices to communicate.

Do not send or accept any messages related to this case or your jury service. 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.

What are the reasons for these rules? These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. 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.

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. Any independent investigation by a juror unfairly and improperly prevents the parties from having the opportunity that our judicial system promises.

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. 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.

In every criminal proceeding, a defendant has the absolutely right to remain silent. At not time is it the duty of a defendant to prove his innocence. 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.

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. When an objection is made, you should not speculate on the reason why it has been made. 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 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. It is impossible to predict when such a conference may be required or for how long that conference may last. 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.

If you would like to take notes during the trial, you may do so. On the other hand, of course, you are not required to take notes if you do not want to. That will be left up to each juror as an individual choice.

You have been provided with a notepad and pen for your use if you wish to take notes. Any notes that you take will be for your use. However, you are not to take your notepads from the courtroom. 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. After you have completed your deliberations in this matter, my bailiff will deliver your notepads to me. From there, they will be destroyed. No one will ever read your notes.

If you choose to take notes, do not get so involved in note taking that you become distracted from the actual proceedings. Your notes should only be used as an aid to your memory.

Is the State ready to give its opening statement?