1.Preliminary Jury Instructions — Charges, Trial Procedure, and Juror Conduct

JUDGE EVERETT: All right. Let's go ahead and go on the record for this morning. State versus Donna Adelson, 2023-CF-3226.

I have the list of the witnesses the State believes it will be able to get through today.

JUDGE EVERETT: All right. As to one of the matters that was previously ruled upon, as it would relate to the testimony of wendi Adelson, and we'll address this further when Mr. Lauro arrives, when the motion was ruled upon, the witness was not available for the Defense to take a proffer from the witness, as to whether there is a relevant topic that also would not infringe upon her right.

After she has given her court testimony, I will permit the Defense to take a proffer from the witness to ascertain if there is a relevant matter that will not infringe upon the asserted right.

At that time, if there is not a topic in which the Defense may inquire into, the Court's prior ruling will stand. If there is any subject matter that is relevant -- excuse me -- relevant, probative, and will not infringe upon her constitutional right, I will permit her to be called as a Defense witness.

Again, the proffer will be made at the time when the witness testifies, out of the presence of the jury, concerning any matters the Defense would wish to call her in case in chief. Since the witness was not present at the time of the original ruling, no proffer could be taken or made. But I will allow the Defense, on that issue, to take their proffer. After that, you can make any appropriate argument as need be. Does everyone understand?

JUDGE EVERETT: All right. I believe we've had some additional people join the gallery since I gave the initial instruction this morning. Concerning everyone who is observing the trial, again, no cell phones are to be out or attempting to record any of the witnesses or the jurors.

Also, please have your phones on silent or just turn them off so they're not making any noise or distractions. If you need to get up and take a break yourself and a witness is testifying, please remain outside until that witness is finished, and then you may come back into the room.

For anyone who has just joined us and did not previously hear the instruction, do you have any questions concerning this? You can raise your hands. For the record, no hands have been raised.

If any of the testimony may be emotional or distressing for you, I would also ask you to leave the room, as well. we do not want any improper influences on the jury as they are going to hear the evidence in this matter.

JUDGE EVERETT: One other matter, as well. Mrs. Adelson, for the duration of the trial, it would be best if you kept your headphones on so that way you're able to clearly hear everything that's taking place so you're fully participating in the trial. I will certainly try to remember to advise you to do so if I see it. But, again, for your benefit, because this is your trial on the merits, you need to be able to see and hear all that is going on.

Anything that is going to assist you in terms of fully participating in your trial that can either be provided by Counsel or the Court, I will do my best to ensure that you'll have access to that.

JUDGE EVERETT: One of the most persistent things that always pops up with a large jury, herding everybody to the bathroom.

They have appropriately followed the instruction, it looked like, to get here on time. Assuming we can quickly get through the bathroom needs, we'll get started at nine o'clock, as -- as previously stated.

JUDGE EVERETT: Everyone can be seated.

Good morning, members of the jury.

JUDGE EVERETT: Thank you. Everyone recalled. Good job.

Juror No. 1, how did I do on the snacks?

JUDGE EVERETT: You're welcome.

Before we get started this morning, I'm going to give you some preliminary instructions as to how the trial will take place, and, also, an instruction on note-taking.

Does everyone have a pen and notepad? If you can hold those up for me so I can see. For the record, each juror has a pen and notepad.

After I've given you these two instructions, at that point, the parties will have their opportunities to give their opening statements, and the State will proceed with its case.

Once again, throughout this trial process, I will be reading to you quite a bit. Again, it's not that I just do not wish to speak to you in a normal fashion. But the instruction that you are to receive from the Court concerning the law during this case, is to be specific and it is to be 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 Donna Adelson. This is a criminal case. Donna Adelson is charged with first-degree murder, conspiracy to commit first-degree murder, and solicitation to commit first-degree murder. The definition of these offenses will be explained to you later in this trial.

The State's charging document, which is called an indictment, is not evidence and it is not to be considered by you as any proof of guilt.

It is my responsibility to explain the law to you. It is your solemn responsibility to determine if the State proved its accusations, beyond a reasonable doubt, against Donna 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, the Court will give you instructions on the law. The attorneys will then have the opportunity to make their closing arguments. Following the closing arguments by the attorneys, the Court will conclude with final instructions. After the final instructions are given, the alternate jurors will be released, and you will then retire to consider your verdict in this matter.

You should not form any definite or fixed opinions 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 the case amongst yourselves. Your verdict must be based solely on the evidence, or 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 e-mailing, text messaging, tweeting, blogging, or any other form of communication. You cannot do any research about the case, or look up any information about the case. If you become aware of any violation of these rules at all, please notify my courtroom personnel concerning the violation.

During the course of the trial, the Court may take recesses or breaks, and you will be permitted to separate and go about your affairs, or you'll be returned to the jury room. 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 this case, please tell him or her that you're 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.

JUDGE EVERETT: All cell phones, computers, tablets, or other types of electronic devices must be turned off while you're in the courtroom. Turned off means that the phone or electronic device is actually off and not in a silent or vibrating mode. You may use your devices during any recess or breaks, but even then, you may not use your cell phones or electronic devices to find out any information about the case, or to communicate with anyone about the case or the people that are involved in the case.

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 of 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 they will be delivered 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 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 would include 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 any other location, until the trial has concluded.

You must not visit places that are 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 of family members make comments to you or ask questions about this 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 that are 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 in 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 that you have obtained is actually 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, potentially, both.

In every criminal proceeding, a defendant has the absolute right to remain silent. At no time is it the duty of a defendant to prove her 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 matter 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 believe are proper. When an objection is made, you must 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 that question.

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 such a 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 choose not to. This is going to be an individual choice for each juror. You have been provided with a notepad and pen for your use, if you do wish to take notes. Any notes that you take will be for your personal use. However, you are not to remove your notepads from the courtroom. During any recess or break, you are to leave your notepads in your seats. When the trial reconvenes, you will have access to your notepads once again.

After you've completed your deliberations in this matter, my bailiff will deliver your notepads to me. From there, your notepads will be destroyed. No one will ever read your notes.

If you choose to take notes during this trial, please 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 prepared to give its opening statement at this time?