Jury Deliberation
28 linesJUDGE EVERETT: In just a few moments, you'll 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 to the courtroom when you return.
JUDGE EVERETT: 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.
JUDGE EVERETT: You are not to communicate with any person outside the jury about this case.
JUDGE EVERETT: 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, email, text message, or any other means.
JUDGE EVERETT: Do not contact anyone to assist you during deliberations. These communication rules apply until I discharge you at the end of the case.
JUDGE EVERETT: If you become aware of any violation of these instructions or any other instruction I've given in this case, you must tell me by giving a note to the bailiff.
JUDGE EVERETT: Many of you have cell phones, tablets, laptops, or other electronic devices here in the courtroom.
JUDGE EVERETT: The rules do not allow you to bring your phones or any of those types of electronic devices into the jury room.
JUDGE EVERETT: Kindly leave those devices on your seats or they will be guarded by the bailiff while you deliberate.
JUDGE EVERETT: If you need to communicate with me, send a note through the bailiff. If you have voted, do not disclose the actual vote in the 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 here in open court.
JUDGE EVERETT: During trial, items were received into evidence as exhibits. You may examine whatever exhibits you think will help you in your deliberations.
JUDGE EVERETT: The photographic, disc, jump drives, reports, and document exhibits will be sent into the jury room with you when you begin to deliberate.
JUDGE EVERETT: If you wish to see any other exhibits, please request that in writing.
JUDGE EVERETT: In closing, let me remind you that it is 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.
JUDGE EVERETT: No juror has the right to violate rules we all share.
JUDGE EVERETT: Before the deliberations begin this afternoon, we are going to discharge at this point the alternate jurors. If the clerk could please read out the names of the alternates, please.
JUDGE EVERETT: Let the bailiffs know. I will have my assistant contact you with that information. We thank you for your service. You are excused at this time. Members of the jury, you may follow Ms. Tolbert and Ms. Van. Her instructions and your notepads with you at this time. The — one moment before you go back in: the transcripts of the recorded call, these are to remain out here. Please leave those in your seats.
JUDGE EVERETT: Only the jury instructions and your notes.
JUDGE EVERETT: Deputy Bank, if you can check on the radio to see if there's another jury room possibly that they can be taken to temporarily while the headphones and the audio equipment is moving.
MS. CAPPLEMAN: Judge, we learned that the headpones can just be unplugged and there's stuff already set up back there for them to plug them in, so we don't have to do anything with that.
JUDGE EVERETT: Oh, well, that makes that perfect, then.
JUDGE EVERETT: Everyone can be seated. If the parties can review the items that will go back into the jury room with the jurors.
JUDGE EVERETT: The instructions that were read aloud with a copy of the verdict form — you can inspect that as well before it goes back. I will hand that to the clerk at this point.
JUDGE EVERETT: Instruction 4.2, instruction upon discharge — that will just remain out here as the case is not yet concluded.
JUDGE EVERETT: Also, please leave your phone numbers with the clerk so that way if there is a question or a verdict, everyone can quickly assemble.
JUDGE EVERETT: Unless there are any other matters to address for the court, we will be in recess at this point.
JUDGE EVERETT: The verdict form is in there. Check for pages eight and nine.
JUDGE EVERETT: For everyone else, you may step outside the courtroom or you may remain at this point. We will be waiting for the jurors.