3.Jury Deliberation
9 linesJUDGE EVERETT: In just a few minutes you will be taken to the jury room by the bailiff. The first thing you should do is to choose a foreperson who will preside over your deliberations. The foreperson should see to it that your discussions are carried on in an organized way and that everyone has a fair chance to be heard. It is also the foreperson's job to sign and date the verdict form when all of you have agreed on a verdict and to bring the verdict form back into the courtroom when you return.
During deliberations, jurors must communicate about the case only with one another and only when all jurors are present in the jury room. If a juror goes to the restroom, the deliberation should stop until the juror returns. You are not to communicate with any person outside the jury about this case.
Until you have reached a verdict, you must not talk about this case in person, or through the telephone, writing, or electronic communication such as a blog, Twitter, e-mail, text message, or any other means. Do not contact anyone to assist you during deliberations. These communication rules apply until I discharge you at the end of the case. If you become aware of any violation of these instructions, or any other instructions I have given in this case, you must tell me by giving a note to the bailiff.
Many of you have cell phones, tablets, laptops, or other electronic devices here in the courtroom. The rules do not allow you to bring your phones or any of those types of electronic devices into the jury room. Kindly leave your devices on your seats where they will be guarded by the bailiff while you deliberate.
If you need to communicate with me, send a note through the bailiff. If you have voted, do not disclose the actual vote in any note. If you have a question, I will talk with the attorneys before I answer so it may take some time. You may continue your deliberations while you wait for my answer. I will answer any questions, if I can, in writing or orally in open court.
During the trial, items were received into evidence as exhibits. You may examine whatever exhibits you think will help you in your deliberations. The audio, cell phone summary, disc, jump drives, photographic, and video exhibits will be sent into the jury room with you when you begin to deliberate. If you wish to see any other exhibits, please request that in writing.
In closing, let me remind you that it's important that you follow the law spelled out in these instructions in deciding your verdict. There are no other laws that apply to this case. Even if you do not like the laws that must be applied, you must use them. For more than two centuries we've lived by the constitution and the law. No juror has the right to violate the rules we all share.
Before the bailiff takes you back to the jury room, I'm going to have the clerk announce our alternates, and they will be dismissed at this point. I did want to say, though, to our alternates, I thank you for your diligent service throughout this trial. This is certainly a circumstance where two-week trials are not the normal, but we thank you nonetheless for your service in this matter.
Madam Clerk?
COURT CLERK: Yes, sir. Our alternates are Jacob Dornbush, Ashlyn Haire, and Michael Beyne.
JUDGE EVERETT: You may collect your belongings. If you wish to know the outcome of the trial, you may contact my office and we will respond.
For the rest of the jurors, you may take your note pads with you. Please leave the copies of the jury instructions, but you may take your note pads and I believe your audio recording lists as well.
This would be the point where everyone rises for the jury. They're coming out.
(Jury exits.)
JUDGE EVERETT: Everyone can be seated.
The attorneys can leave their phone numbers with the clerk. From here, we will be in recess unless there is a note or we have a verdict itself.
MS. CAPPLEMAN: Nothing from the State, Your Honor.
MR. RASHBAUM: We're good. Nothing.
JUDGE EVERETT: Please leave your phone numbers with the clerk.
We are in recess.
(A recess in the proceeding.)