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

JUDGE EVERETT: Everyone can be seated.

JUDGE EVERETT: Good morning, members of the jury.

JUDGE EVERETT: Thank you. Everyone recalled.

JUDGE EVERETT: Good job.

JUDGE EVERETT: Juror number one, how did I do on the snacks?

JUDGE EVERETT: You're welcome.

JUDGE EVERETT: 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.

JUDGE EVERETT: Does everyone have a pen and notepad? If you can hold those up for me so I can see.

JUDGE EVERETT: For the record, each juror has a pen and notepad.

JUDGE EVERETT: 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.

JUDGE EVERETT: 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.

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 Donna Adelson.

JUDGE EVERETT: This is a criminal case.

JUDGE EVERETT: 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.

JUDGE EVERETT: 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.

JUDGE EVERETT: 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, the court will give you instructions on the law. The attorneys will then have the opportunity to make their closing arguments.

JUDGE EVERETT: Following the closing arguments by the attorneys, the court will conclude with final instructions.

JUDGE EVERETT: 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.

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 about the case. If you become aware of any violation of these rules at all, please notify my courtroom personnel concerning the violation.

JUDGE EVERETT: 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.

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.

JUDGE EVERETT: All cell phones, computers, tablets, or other types of electronic devices must be turned off while you're in the courtroom.

JUDGE EVERETT: Turned off means that the phone or 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 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.

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 of 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 they will be delivered to you without delay.

JUDGE EVERETT: 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 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. 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.

JUDGE EVERETT: 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.

JUDGE EVERETT: 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.

JUDGE EVERETT: 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.

JUDGE EVERETT: Do not send or accept any messages that are 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 that you have obtained is actually 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. 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.

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 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 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 believe are proper.

JUDGE EVERETT: When an objection is made, you must 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 had he or she been permitted to answer that 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 such a 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 choose not to.

JUDGE EVERETT: 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.

JUDGE EVERETT: Any notes that you take will be for your personal use.

JUDGE EVERETT: However, you are not to remove your notepads from the courtroom.

JUDGE EVERETT: During any recess or break, you are to leave your notepads in your seats.

JUDGE EVERETT: When the trial reconvenes, you will have access to your notepads once again.

JUDGE EVERETT: After you've completed your deliberations in this matter, my bailiff will deliver your notepads to me.

JUDGE EVERETT: From there, your notepads will be destroyed.

JUDGE EVERETT: No one will ever read your notes.

JUDGE EVERETT: 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.

JUDGE EVERETT: Your notes should only be used as an aid to your memory.

JUDGE EVERETT: Is the state prepared to give its opening statement at this time?

JUDGE EVERETT: You may proceed.