2.Instruction to Begin Deliberations Anew
37 linesTHE COURT: You may be seated. We're going to wait a minute for Ms Stienmetz to join us.
Members of the jury, one of your members has been excused from jury deliberations in this case, because of an unforeseen family emergency. Although excusing a juror during deliberations rarely occurs, it is sometimes necessary.
The Court has brought back the last alternate juror excused, to participate in the deliberations in this case. Before those deliberations begin, I have an important further instruction for all of you.
The law requires that, during deliberations, 12 people must have the opportunity to review the evidence in light of each juror's perception, memory, and reaction. It is important that the jury reach its consensus through deliberations, which are the common experience of all 12 jurors.
Each of the 12, must have the opportunity to persuade the other members of the jury and to be persuaded by them. If you have formed any views about the evidence up until now, you must set those views aside and start over.
To assure that these requirements are followed in this case, you are instructed that you must commence your deliberations anew. That means that you should begin by electing a foreperson and then proceed to evaluate all the evidence as though you are just beginning to deliberate. This is necessary to assure the full participation of all 12 jurors in the deliberation process.
Before I excuse you to begin deliberating, it is necessary that I be assured that each of you will be able to deliberate on this basis. Therefore, I'm going to individually ask each of you one more question. At this time I will ask the media to cut the audio portion. Thank you.
Each of you must accept this juror as an equal member of this jury, giving her the full respect and authority that you would give to any other juror.
Mr. Slaby, will you be able to follow this instruction I have just given you and begin your deliberations anew?
DANIEL SLABY: Yes.
THE COURT: Ms Free, will you follow this instruction I have just given you and begin your deliberations anew?
DIANE FREE: Yes.
THE COURT: Ms Schmidt, will you follow the instruction I have just given you and begin your deliberations anew?
BARBARA SCHMIDT: Yes.
THE COURT: Ms Thorne, will you follow this instruction I have just given you and begin your deliberations anew?
MS. THORNE: Yes.
THE COURT: Ms Dorn, will you follow the instruction I have just given you and begin your deliberations anew?
THE COURT: Mr. Nelesen, will you follow the instruction I have just given you and begin your deliberations anew?
PAUL NELESEN: Yes, sir.
THE COURT: Mr. Klein, will you follow the instruction I have just given you and begin your deliberations anew?
NATHAN KLEIN: Yes.
THE COURT: Mr. Schuette, will you follow the instruction I have just given you and begin your deliberations anew?
MR. SCHUETTE: Yes.
THE COURT: Ms Flint, will you follow the instruction I have just given you and begin your deliberations anew?
MARION FLINT: Yes.
THE COURT: Mr. Mohr, will you follow this instruction I have just given you and begin your deliberations anew?
WILLIAM MOHR: Yes, your Honor.
THE COURT: And, Mr. Wardman, will you follow the instruction I have just given you and begin your deliberations anew?
MR. WARDMAN: Yes.
THE COURT: Last, Ms Stienmetz, have you heard the instructions that I have given to the jury and are you willing to resume your role as a juror under those instructions in this case?
NANCY STIENMETZ: Yes, I am.
THE COURT: Thank you. Members of the jury, the Court will prepare a written copy of the instruction that I have just given you to send back so that you will have it with your other instructions in this case. Ms Stienmetz, do you still have your original instructions or do you need another set sent back?
NANCY STIENMETZ: It was left in the room.
THE COURT: All right. I will see to it that another set of full instructions gets sent back for you. At this time, then, members of the jury, you are excused and you may begin your deliberations.
(Jury not present.)
THE COURT: You may be seated. Counsel, I will ask you to stop back, then, in about 10 minutes so that I can prepare a written version of this instruction, sent back to the jury, and each of you can sign off on it.
MR. BUTING: All right.
THE COURT: Anything else while we're on the record?
MR. KRATZ: No, Judge. Thank you.
MR. STRANG: No. Thanks.
THE COURT: Very well. Counsel, I'm going to ask you to stop back right away.
MR. BUTING: Okay.
(Court in recess, jury deliberating.)
MR. BUTING: *****