3.Jury Deliberation

JUDGE WHEELER: Thank you, Ms. Cappleman.

Okay. I'm going to read the last instruction to you so if you go to Page 11, please.

In just a few moments, you'll be taken to the jury room by the bailiff. The first thing you should do is 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.

During deliberations, jurors must communicate about the case only with one another and only when all the jurors are present in the jury room. If a juror goes to the restroom, the deliberations 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 communications 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 instruction I have given in this case, you must tell me by giving a note to the bailiff.

Many of you may 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 during deliberations. Kindly leave those devices with 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 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.

During the trial, items were received into evidence as exhibits. You may examine whatever exhibits you think will help you in your deliberations. These exhibits will be sent into the jury room with you when you begin to deliberate. If you wish to use the audio headphones provided in the courtroom, please request that in writing.

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 have lived by the Constitution and the law, no juror has the right to violate rules we all share.

All right. So you'll be taking your instructions back with you. Also, a short instruction in regards to your notes.

You may also take any notes that you took during this trial back to the deliberation room. As previously instructed, your notes are a tool to aid your memory. You should not compare your notes with those of other jurors in determining the content of any testimony or in evaluating the importance of any evidence.

Notes are for the note taker's personal use in refreshing his or her recollection of the evidence. They are not evidence. And above all, your memory should be your greatest asset in your recollection of the evidence.

All right. At this time, I need to discharge the alternate jurors. We have two alternate jurors who will not be going back to deliberate in the jury room. And the alternate jurors are Ms. Crump, you are an alternate juror; and Ms. Gilliard -- is it Ms. Gilliard? Ms. Gilliard, you are also an alternate juror.

I want to thank you very much for your service. You have been extremely dedicated. And I know that you have sat here for the two weeks and you're not going back to the jury room, but it wasn't all for nothing. We appreciate all your time and efforts in regards to this case.

The bailiff is going to escort you back to the jury room so you can gather any personal belongings and then you'll be excused out the back door, okay? You can leave anything that you have right there on your chair, any notes or the jury instructions. All right. Thank you both very much.

JUDGE WHEELER: Okay. Once the Deputy has returned to tell me that they are out of the jury room, then you will be going back to begin your deliberations. Okay?

Lunch is back there waiting for you and so that will be provided for you. And so the timing of your deliberations, of course, is now completely up to you. Okay. So we'll just wait just a moment for the bailiff to return.

JUDGE WHEELER: Yes. Okay. The jury is back in the jury room and the door is closed. The Deputy is gathering their phones at this time.

And so for the record, any objection to the jury instructions as read from the defense?

JUDGE WHEELER: Thank you.

And I'm going to ask one member of each counsel team to come up, take a look at the exhibits before we send them back. I want to get on the record that there is no objection to the exhibits that are going back. I know you've made other objections during the course of the trial, but I want to make sure that you view those. And also the verdict form. And then we'll take those back to the jury.

The attorneys can leave their cell phone numbers with Madam Clerk. Okay. And then if we hear from the jury either with a verdict or with a question or otherwise, then we will notify you. But please don't go far so that we can gather back in the courtroom promptly. Okay?

So if two of the attorneys can come on up and take a look at the exhibits so that we can send those back to the jury along with the verdict form.

JUDGE WHEELER: Just one. That's all that's necessary.

Ms. Cappleman.

JUDGE WHEELER: All right. We'll put those into the file.

Madam Clerk, will those be numbered or lettered or how?

JUDGE WHEELER: All right. So Court's Exhibit. Those will be numbered. And we'll take special precautions to make sure those don't go back to the jury.

All right. Who is going to take a look at the exhibits for the State?

JUDGE WHEELER: All right. Thank you.

Okay. We can get the exhibits back to the jury please; and then we'll be in recess until we hear from the jury. Thank you.

JUDGE WHEELER: Please be seated. All right. It's my understanding that we have a question from the jury.

It says: Judge, could we please get an inventory list of the evidence so we can navigate what communications are here? And it's signed by the foreperson.

JUDGE WHEELER: So this is the criminal exhibit sheet that is prepared by the clerk which lists both the State's exhibits and the defense exhibits and a short description of each exhibit.

Have both parties had an opportunity to take a look at this?

JUDGE WHEELER: Please be seated. We're back on the record. We have a question.

So, Your Honor, could we please get the headsets for an audio file?

All right. So they want to use the headsets and so we're going to have to bring them back into the courtroom for that. So they're going to need to identify what they want to hear.

All right. My proposal is I'll just write a response and I'll state: We will need to bring the jury back into the courtroom to hear an audio file with the headset. Please identify the audio file and we will prepare it for the jury. Sufficient?

JUDGE WHEELER: All right. We're back on the record. Please prep the Dolce Vita audio slash video. Do you need the video disc?

Yes. The one that's in evidence they have in there; correct?

JUDGE WHEELER: All right. So could you just inform them that -- I mean, we can play that pretty readily; right? It's not going to take us much time.

So if they could provide us with the disc and then we'll bring them right out to watch the video.

JUDGE WHEELER: Well, I've never done that before. And I've probably done this two zillion times. But if that's what you're requesting, do you have any -- I mean, is there any case law that supports that? I mean, I think they know we're not sitting around waiting here in the courtroom so I don't think that's an issue.

But if you're saying that there could be some influence on the jury because they're in deliberations and we're sitting in here and they're watching the video?

JUDGE WHEELER: I'm going to deny that request. We do this routinely.

I don't think the jury -- we're not going to have any discussions in here. Nobody is going to say anything. I'm going to bring them in; I'm going to sit them down. I'm going to tell them, we're going to play the audio and video for you right now.

We're going to turn it on and we're going to let them -- they're going to see it and then we're going to go back and bring them back so that they continue their deliberations. They're not going to be talking or saying anything, nor is anyone here in the courtroom; okay?

If you could please escort them out, along with the video disc, please.

JUDGE WHEELER: If you could please provide that to counsel.

Ms. Dugan, these exhibits are marked both on the bag and on the flash drive itself?

JUDGE WHEELER: Okay. All right. The jury is out of the courtroom, the door is closed. Let's return the piece of evidence, please.

And I'm going to wait until about 6:30 or so and if they're still deliberating at that time, then I'll provide them with some more food at that time, at 6:30.

All right. We'll be in recess until we hear again from the jury.