12.Alternate-Juror Strike Agreement and Excusals
26 linesTHE COURT: I will indicate for the record, I met with counsel in chambers and I indicated that, based on the time of day and the fact we have got part of defense argument, plus State rebuttal left, I was concerned that the jurors, certainly by the time we got to the State's rebuttal, would be too tired to appreciate what was being said.
The Court has an interest in making sure that the jurors have an opportunity to digest, understand and comprehend the arguments that are given. And while at the start of today, it would have been my preference to complete closing arguments today, sometimes justice takes more time than we plan on in the morning.
So what I'm going to do, when the jurors come back, is adjourn for the day. The Court is going to begin the -- because we're as far into closing arguments as we are, I'm going to begin the sequestration process and the jurors will be staying in a hotel tonight. It's my understanding that the parties have a stipulation to propose to the Court concerning the -- at least two of the three alternate jurors. Mr. Strang.
MR. STRANG: We do, your Honor. And I would be happy to take a first stab at the agreement, as I understand it, between the parties. I will preface that by saying that I have explained this agreement to Mr. Avery and I think it's entirely acceptable to him. It's not complicated. We had enough time to talk about it. And I'm satisfied that he both understands and approves the agreement that I will try to articulate now, late in the day.
In short, the parties have agreed that each will have an extra peremptory strike, in effect, to be exercised here in the ordinary manner of exercising peremptory strikes. That will remove 2 of the 15 jurors that we presently have, leaving 13, which would be 12 and 1 alternate.
And, of course, whether the Court keeps an alternate, or how to handle the designation of an alternate, and then what to do with an alternate, is the Court's prerogative and not the parties. But as I understand the agreement here, for purposes of the record, it does encompass one extra peremptory strike for each party, to be exercised now.
THE COURT: Mr. Kratz.
MR. KRATZ: For today's purposes, Judge, that is the scope of our agreement, that each party intends to exercise an additional peremptory strike this afternoon.
THE COURT: Okay. And this is in lieu of drawing the names of the jurors out by lot, which would be the process contemplated by the statute, in the absence of agreement by the parties.
MR. STRANG: It is, your Honor, from the defense advantage point.
THE COURT: Mr. Kratz.
MR. KRATZ: That's my understanding, Judge.
THE COURT: And, Mr. Avery, it's correct that you have discussed this with your counsel and you are in agreement with this procedure.
STEVEN A. AVERY: Yes, I am.
THE COURT: Thank you. Anything else before we bring the jurors back in?
MR. KRATZ: If I could have just a moment with counsel, your Honor.
THE COURT: Go ahead.
MR. KRATZ: We're all set, Judge.
THE COURT: All right. You can bring the jury in.
(Jury present.)
THE COURT: You may be seated. Members of the jury, I understand I told you an hour and a half or two hours ago or so, I don't remember when, that we were going to attempt to complete closing arguments this evening. In light of the point that we're at in the proceedings now, I am concerned that fatigue might be a factor that prevents you, as jurors, from giving the attention that is deserved for the closing arguments.
So what we're going to do is adjourn for today and resume the completion of closing arguments tomorrow morning. As I told you at the beginning of the trial, we started out, initially we had four extra jurors, we are now down to three. Because of the fact we're this close to the end of the trial, and I don't want to require the extra jurors to participate longer than is necessary, we have decided that we're going to excuse two of the three extra jurors today.
The parties have agreed to a procedure whereby each of the parties will exercise one -- will exercise a peremptory strike. If you recall back at the time of initial jury selection, that's how we got from 30 down to 16. So they are going to do that today.
When they are done, the strikes will be shown to me. I will identify the two jurors that the parties have selected. I will meet with those two jurors before excusing you today, as is my practice any time alternate jurors are excused.
For the 13 of you who are remaining, because of the fact we are well into closing arguments, we are going to begin sequestration this evening. We have hotel accommodations for you. We have dinner arranged for you. And you can decide, when you get on the bus, I guess, whether you want to check in at the hotel first or go to dinner first. But because of the fact we're at this late stage of the proceedings, that's how we're going to handle things.
At this time I think the Clerk has a sheet and we will allow the parties to make their stipulated peremptory strike.
MR. KRATZ: Judge, could Mr. Strang and I approach, just very briefly.
THE COURT: Yes.
(Side bar taken.)
THE COURT: Counsel, raised an issue for me that I believe has been dealt with through the media coordinator, but I will address it on the record, since it was raised. And that is, there was some conversation about whether the excused jurors would be available to the media.
I'm not going to allow that at this time until a verdict is reached at this case. It is unlikely, but not impossible, that the jurors could be called back. And for that reason I'm not going to have the excused jurors available to the media until a verdict is reached in this case.
All right. Based on the information on the sheet, the excused jurors are Terri Temme and Laura Barber. I will meet with Ms Barber and Ms Temme before we leave today. And I am going to excuse the remainder of the jury at this time.
I will remind the rest of you, again, that as usual, you are not to discuss the case. It's especially important, even though you have heard some of the closing arguments, you cannot begin your deliberations until all the closing arguments have been made. So make sure you do not discuss the case.
The televisions and radios have already been disconnected in your hotel room, so hopefully between the lack of available media and supervision by the sheriff's deputies, that won't be a problem. But, again, do not discuss the case, in any fashion, until the Court excuses you to begin deliberations tomorrow. The 13 people who are still on the jury are excused at this time.
(Jury not present.)
MR. STRANG: Your Honor, maybe just one -- another quick moment at side bar.
THE COURT: Okay.
(Side bar taken.)
(Proceedings concluded.)