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Steven Avery & Brendan Dassey— Case Archive
Steven Averytrial-daytrial-dayBobby Dasseyjury_instructionsjury_questionDay 25 - March 16, 2007After a juror was excused for a family emergency, the court recalled an alternate and instructed the jury to begin deliberations anew. The jury later requested Bobby Dassey’s testimony, and the court proposed inviting a more specific request rather than providing the full transcript.
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Day 25 - March 16, 2007

Alternate Juror Returns; Court Instructs Jury to Start Over; Jury Requests Dassey Testimony

Judge Patrick L. Willis
4Proceedings
3Pages
1Witnesses
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Day 25 of 27
Appearing:
Bobby Dassey

After a juror was excused for a family emergency, the court recalled an alternate and instructed the jury to begin deliberations anew. The jury later requested Bobby Dassey’s testimony, and the court proposed inviting a more specific request rather than providing the full transcript.

Full day summary

The court reported that it had verified a juror’s unforeseen family emergency and excused the juror the previous evening. The defense and State agreed to recall the alternate if the jury began deliberations anew. After questioning Avery, the court found his consent knowing and voluntary and accepted the stipulation. The judge instructed the 12 jurors to set aside earlier views and start over, and each agreed to follow that instruction. When the jury requested Bobby Dassey’s testimony, the court proposed a response declining to provide the full transcript and inviting a request for a specific portion. Both sides accepted the response.

1. Excused Juror and Stipulation to Substitute the Alternate

After a juror was excused for a family emergency, the court accepted a joint stipulation for substituting the sequestered alternate under conditions for renewed deliberations.

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Procedural
Morning record and jury deliberation supplies
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Procedural
Excused juror and stipulation to substitute the alternate
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A juror was excused for a family emergency, and the parties agreed to substitute the alternate and begin deliberations anew under a court instruction.

Highlights

Excused juror and stipulation to substitute the alternaterulingAfter questioning Avery about his agreement, the court finds his consent knowing and voluntary and accepts the joint stipulation to recall the alternate and begin deliberations anew under a court instruction.

2. Instruction to Begin Deliberations Anew

After a juror was excused for a family emergency on Day 25, the court brought back the last alternate and instructed all 12 jurors to begin deliberations anew.

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Jury Instruction
Instruction to begin deliberations anew
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With an alternate replacing an excused juror, the court instructed all 12 jurors to begin deliberations anew, and each agreed.

Highlights

Instruction to begin deliberations anewjury eventThe judge instructed the jury to set aside any views formed during earlier deliberations, elect a foreperson, and evaluate the evidence anew with the returning alternate.Instruction to begin deliberations anew“If you have formed any views about the evidence up until now, you must set those views aside and start over.”— Patrick L. WillisStates the central instruction required by the alternate juror’s participation.Instruction to begin deliberations anewjury eventThe judge asked each juror whether they could follow the instruction. All agreed, and the returning alternate agreed to resume her role.

3. Jury Question About Bobby Dassey’s Testimony

The jury asked to read or hear Bobby Dassey's testimony on Day 25, and both sides accepted the judge's proposed response.

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Jury Questions
Jury question about Bobby Dassey's testimony Bobby Dassey
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The jury asked for Bobby Dassey's testimony; the court declined to provide the full transcript and invited a request for a specific portion.

Highlights

Jury question about Bobby Dassey's testimonyprocedural actionThe judge read the jury's request for Bobby Dassey's testimony and a proposed response declining to provide the entire transcript while inviting a request for a specific portion. Both sides accepted the response.
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