In-Chambers Inquiry and Substitution of Juror No. 5
116 lines(THE FOLLOWING PROCEEDINGS WERE HELD IN CHAMBERS.)
JUDGE DAVILA: GOOD MORNING.
JUROR: GOOD MORNING.
JUDGE DAVILA: WE ARE ON THE RECORD. WE ARE IN MY CHAMBERS WITH JUROR NUMBER 5. ALSO PRESENT ARE MR. DOWNEY, MR. SCHENK, AND MY LAW CLERK STAFF, AND OUR COURTROOM DEPUTY. I WANTED TO HAVE THIS CONVERSATION WITH YOU, JUROR NUMBER 5. I'M GOING TO ADDRESS YOU AS JUROR NUMBER 5. LET ME ASK YOU YOUR COMFORT ABOUT KEEPING YOUR MASK ON OR OFF. WHAT WOULD YOU LIKE?
JUROR: I DON'T REALLY HAVE A PREFERENCE.
JUDGE DAVILA: OKAY. SHALL WE KEEP THEM ON THEN? IS THAT WHAT YOU WOULD LIKE TO DO?
JUROR: SURE.
JUDGE DAVILA: I CALLED YOU BACK HERE BECAUSE IT'S COME TO MY ATTENTION THAT DURING THE TESTIMONY OF OUR CASE JUST RECENTLY, THAT I THOUGHT I MAY HAVE OBSERVED, AND IT'S COME TO MY ATTENTION, THAT YOU MAY HAVE BEEN ENGAGED IN SOMETHING ELSE OTHER THAN LISTENING TO THE TESTIMONY. LET ME BE SPECIFIC. I THINK IT WAS SUDOKU OR ONE OF THOSE NUMBER GAMES.
JUROR: UH-HUH.
JUDGE DAVILA: AND I NEED TO ASK YOU ABOUT THAT, IF YOU WERE, IN FACT, ENGAGED IN THAT. AND I THINK YOU CAN APPRECIATE THE REASON WHY. I NEED TO KNOW WHETHER OR NOT YOU WERE FOCUSSED ON THE TRIAL AT HAND, DISTRACTED, MISSED SOME TESTIMONY, AND THAT'S WHY I CALLED YOU IN TO TALK TO YOU ABOUT THAT HERE. I DIDN'T WANT TO DO THIS IN FRONT OF YOUR COLLEAGUE JURORS, NOR IN THE PUBLIC SETTING, ALTHOUGH THIS TRANSCRIPT IS GOING TO BE A PUBLIC TRANSCRIPT. SO I JUST WANTED TO ASK YOU QUESTIONS ABOUT THAT, PLEASE.
JUROR: SURE. YEAH. I DEFINITELY HAVEN'T MISSED ANY TESTIMONY AT ALL, YEAH.
JUDGE DAVILA: OKAY. WERE YOU -- WERE YOU -- AM I CORRECT, WERE YOU PLAYING THIS SUDOKU?
JUROR: I DO HAVE SUDOKU, BUT IT DOESN'T INTERFERE WITH ME LISTENING. I'M VERY FIDGETY, SO I NEED TO DO SOMETHING WITH MY HANDS. SO AT HOME I'LL CROCHET WHILE I'M WATCHING OR LISTENING TO T.V. OTHER THAN THAT, NO.
JUDGE DAVILA: SO WERE YOU PLAYING THE GAME WHILE TESTIMONY WAS -- OR I DON'T KNOW IF THAT'S THE RIGHT TERM, PLAYING THE SUDOKU OR FILLING OUT THE FORM -- WERE YOU ENGAGED IN THAT WHILE TESTIMONY WAS GOING ON?
JUROR: I DO DO IT INTERMITTENTLY THROUGH THE TESTIMONY, BUT I'M FULLY ENGAGED.
JUDGE DAVILA: OKAY. CAN YOU TELL ME HOW OFTEN YOU'VE DONE THAT, AND CAN YOU TELL ME WHEN YOU'VE DONE THAT?
JUROR: NOT TOO OFTEN. SO I JUST HAVE IT THERE TO HELP ME FIDGET BECAUSE I DON'T KNOW IF YOU NOTICE, I MOVE A LOT IN THE SEAT, TOO. I HAVE A HARD TIME SITTING STILL.
JUDGE DAVILA: RIGHT. SO WHEN YOU'RE DOING THE GAME, IT'S A -- YOU KNOW, YOU'RE FILLING OUT THAT GAME, HAVE YOU DONE THAT EVERY DAY OF THE TRIAL?
JUROR: NO.
JUDGE DAVILA: CAN YOU GIVE ME AN IDEA OF WHEN YOU'VE DONE THAT AND HOW OFTEN, HOW LONG YOU DO IT DURING TESTIMONY?
JUROR: PROBABLY -- MAYBE LIKE ONE GAME A TIME, MAYBE.
JUDGE DAVILA: OKAY. OKAY.
JUROR: IF THAT DOESN'T -- I DON'T USUALLY FINISH THEM, SO --
JUDGE DAVILA: I SEE. AND IT LOOKS LIKE YOU TAKE -- YOU HAVE THE GAME PAPER, THE BOOK OUT THERE IN YOUR BINDER AND YOU'RE FILLING IT OUT THEN.
JUROR: YEAH, I HAVE THAT. I HAVE IT ALONG WITH MY NOTEBOOK.
JUDGE DAVILA: RIGHT. RIGHT.
JUROR: SO IF I LOOK AT IT AND I SEE IT A NUMBER, I WRITE IT DOWN AND THEN I WRITE DOWN THE TESTIMONY.
JUDGE DAVILA: SO HAS THIS DISTRACTED YOU FROM LISTENING?
JUROR: NO.
JUDGE DAVILA: HAVE YOU BEEN ABLE TO FOLLOW AND RETAIN EVERYTHING THAT IS GOING ON IN THE COURTROOM?
JUROR: OH, YEAH, DEFINITELY.
JUDGE DAVILA: DO YOU HAVE ANY DOUBT ABOUT THAT?
JUROR: NO.
JUDGE DAVILA: WHAT -- IF I ASKED YOU TO STOP DOING THIS, IS THAT SOMETHING THAT YOU CAN DO?
JUROR: YEAH, THAT'S NOT A PROBLEM.
JUDGE DAVILA: WILL THAT AFFECT -- IF YOU DON'T PLAY THIS WHILE YOU'RE SITTING AS A JUROR, WILL THAT AFFECT YOUR ABILITY TO CONTINUE TO LISTEN AND ABSORB THE INFORMATION?
JUROR: NO.
JUDGE DAVILA: YOU, YOU -- EXCUSE ME. YOU SAID YOU GET FIDGETY, AND I KNOW SITTING A LONG TIME IS PROBABLY SOMETHING YOU DON'T DO AT WORK.
JUROR: YEAH, I MOVE AROUND A LOT AT WORK.
JUDGE DAVILA: RIGHT. AND ONE THING THAT MIGHT BE HELPFUL AND I MAY SUGGEST TO THE JURY, IF THAT BECOMES AN ISSUE, THEN LET ME KNOW AND WE'LL TAKE A STANDING BREAK. I TRY TO DO THAT WHEN WE HAVE TRANSITIONS BECAUSE I KNOW IT'S TEDIOUS SITTING. BUT LET ME GET BACK TO THIS. JUROR NUMBER 5, I'M JUST GOING TO BE VERY CANDID WITH YOU. I DO HAVE VERY SERIOUS CONCERNS WHEN I HEAR AND SEE THAT SOMEONE IS ENGAGED IN SOMETHING ELSE OTHER THAN GIVING THEIR FULL ATTENTION TO THE EVIDENCE IN THE CASE. IT CAUSES ME GREAT CONCERN AS TO WHETHER OR NOT THAT PERSON, YOU, CAN STILL SERVE AS A JUROR BECAUSE YOU'VE ABSORBED EVERYTHING, YOU'VE LISTENED TO EVERYTHING, SUCH THAT YOU CAN SHARE YOUR OPINIONS WITH YOUR FELLOW JURORS WHEN YOU GO INTO A DELIBERATION ROOM. THAT'S WHAT A JUROR MUST DO.
JUROR: UH-HUH.
JUDGE DAVILA: AND IT'S UNFAIR TO BOTH SIDES IF A JUROR WERE TO GO IN AND SAY, OH, GOSH, I GUESS I DIDN'T HEAR THAT BECAUSE I WAS DISTRACTED DOING SOMETHING ELSE.
JUROR: NO, I TOTALLY UNDERSTAND YOUR CONCERNS.
JUDGE DAVILA: YEAH. RIGHT. SO WHAT DO YOU THINK ABOUT THAT?
JUROR: I DON'T FEEL IT HAS AFFECTED ME AT ALL. I'M VERY GOOD AT RETAINING INFORMATION. SO I DEFINITELY HEARD EVERYTHING THAT HAS BEEN SAID, THE EVIDENCE THAT HAS BEEN PRESENTED, THE QUESTIONS THAT HAVE BEEN ASKED IN REGARDS TO THE EVIDENCE AND THE ANSWERS. SO I'M REALLY -- I DON'T HAVE ANY --
JUDGE DAVILA: OKAY. LET ME JUST SAY, I HAVE -- I WATCH, I TRY TO WATCH EVERYTHING AND I DO PAY ATTENTION TO THE JURORS, AND I'VE SEEN AND WATCHED YOU AND SEEN YOU IN THE CHAIR AS WE MOVE AROUND AND WE MOVE THE JURORS AROUND BECAUSE I WANT THE JURORS TO HAVE A FULL EXPERIENCE. IT'S UNUSUAL THE WAY OUR SEATING IS.
JUROR: YEAH.
JUDGE DAVILA: BUT I DON'T WANT SOME JURORS TO BE STUCK OUT IN THE OUTSIDE OF THE WELL. I WANT TO ROTATE EVERYBODY SO THAT THEY CAN OBSERVE EVERYTHING IN THE SAME WAY. BUT I HAVE WATCHED YOU AND I HAVE NOTICED THAT YOU SOMETIMES TURN YOUR CHAIR. I'VE NOTICED THAT YOU TAKE NOTES. I'M NOT GOING TO ASK YOU TO TELL ME ANYTHING ABOUT ANYTHING YOU'VE HEARD OR YOUR THOUGHTS OR ANYTHING, I DO -- I HAVE NOTICED THAT YOU'RE TAKING NOTES. I'VE NOTICED THAT -- AND THIS IS THE SAME OF ALL JURORS -- THERE ARE TIMES WHEN I THINK WE ALL GET TIRED. THE LAWYERS GET TIRED, THE COURT GETS TIRED. THE ONLY ONE THAT IS NOT TIRED IS THE COURT REPORTER. SHE HAS ENERGY LIKE CRAZY. EVERYONE ELSE GETS A LITTLE FATIGUED, I UNDERSTAND THAT. AND WE ALL HAVE OUR MECHANISMS OF FIGHTING THAT OFF, AND HOPEFULLY THE BREAKS WILL DO THAT. IS THIS SOMETHING THAT -- IS THERE SOMETHING THAT I CAN DO TO HELP YOU WITH THIS? I KNOW YOU USED THE TERM "FIDGETY," YOU GET FIDGETY AND NERVOUS. IS THERE SOMETHING --
JUROR: NOT PARTICULARLY NERVOUS. I'M FIDGETY AT WORK AND VERY ACTIVE AND I'M WORKING BACK AND FORTH AND I'M DOING THINGS, TEN THINGS AT ONE TIME. AND JUST SITTING DOWN AND DOING THAT ONE THING AND HAVING TO LISTEN, IT IS HARD FOR ME TO NOT MOVE AROUND.
JUDGE DAVILA: OKAY.
JUROR: SO I'M ROCKING AND TAPPING MY TOES AND MOVING MY FINGERS AND CRACKING MY HANDS A LOT BECAUSE I DON'T KNOW WHAT TO DO WHEN I'M NOT DOING ALL OF THESE THINGS.
JUDGE DAVILA: NO, I'VE SEEN YOU MOVE YOUR CHAIR.
JUROR: I GO BACK AND FORTH.
JUDGE DAVILA: YOU ORIENT YOURSELF NORTH, WEST, SOUTH, EAST, WEST. I NOTICED THAT, AND THAT'S A SIGNAL TO ME SAYING, GEE, I WOULD LIKE TO TAKE A BREAK, A STANDING BREAK AND THOSE TYPES OF THINGS. AGAIN, I'M JUST CONCERNS ABOUT WHETHER YOU'VE MISSED SOMETHING. AND WHEN YOU PLAY THE GAME, ARE YOU FOCUSSED ENTIRELY ON THE GAME SUCH THAT EVERYTHING IS BLOCKED OUT?
JUROR: OH, NO, NO.
JUDGE DAVILA: WHEN YOU PLAY THE GAME, ARE YOU ABLE TO LISTEN AND --
JUROR: OH, YEAH. LIKE I SAID, I DID HEAR EVERYTHING AND I'M TAKING EVERYTHING IN AND I'M WRITING NOTES ON THE SIDE.
JUDGE DAVILA: SOME PEOPLE DOODLE I'M TOLD.
JUROR: YEAH, I DOODLE, TOO, YEAH. AND, AGAIN, IT'S TRYING TO KEEP MY HANDS BUSY BECAUSE MOST OF IS IT LIKE SCRIBBLING THROUGHOUT THE PAGE.
JUDGE DAVILA: DOES THAT INTERFERE WITH YOUR ABILITY TO PAY ATTENTION OR PAY ATTENTION?
JUROR: NO.
JUDGE DAVILA: LET ME ASK, JUROR NUMBER 5, DO YOU HAVE ANY DOUBT THAT YOU COULD CONTINUE TO BE A JUROR IN THIS CASE AND PAY ATTENTION AND FOCUS ON THE EVIDENCE AT HAND? ANY DOUBT ABOUT YOUR ABILITY TO DO THAT?
JUROR: NO, NO DOUBT.
JUDGE DAVILA: DO YOU FEEL THAT BECAUSE OF YOUR PLAYING THE GAME -- AND HOW MANY TIMES WAS IT? DID YOU TELL US?
JUROR: I SAID MAYBE ONE GAME AT A TIME.
JUDGE DAVILA: HOW MANY DAYS?
JUROR: MAYBE SEVEN TO TEN DAYS OVER THE COURSE.
JUDGE DAVILA: OKAY. DO YOU THINK IN ANY OF THOSE TIMES THAT YOU PLAYED THAT GAME -- AND HOW LONG DID YOU DO THAT? HOW LONG WERE YOU PLAYING IT WHEN YOU PLAYED IT? WAS IT FOR HOURS? IS IT FOR MINUTES?
JUROR: USUALLY JUST MINUTES.
JUDGE DAVILA: OKAY. DO YOU FEEL THAT YOU'VE LOST ANYTHING, THAT IS, MISSED ANY PIECE OF EVIDENCE AT ALL?
JUROR: NO. NO.
JUDGE DAVILA: OKAY. ALL RIGHT. I'M GOING TO ASK THESE LAWYERS IF THEY HAVE ANY QUESTIONS FOR YOU. OKAY?
JUROR: YES.
JUDGE DAVILA: MR. SCHENK?
MR. SCHENK: NOTHING FOR ME.
MR. DOWNEY: I DON'T HAVE ANYTHING. THANK YOU.
JUDGE DAVILA: ALL RIGHT. ANY QUESTIONS FOR ME?
JUROR: NO.
JUDGE DAVILA: OKAY. AS I SAID, THE TRANSCRIPT IS GOING TO BE PUBLIC. I'M NOT GOING TO DISCUSS THIS WITH YOUR FELLOW JURORS, AND YOU DON'T HAVE TO EITHER. YOU CAN KEEP PRIVATE WHAT WE'VE TALKED ABOUT HERE.
JUROR: ALL RIGHT.
JUDGE DAVILA: THANK YOU VERY MUCH. THANK YOU FOR YOUR TIME. I APPRECIATE IT.
JUROR: YOU'RE WELCOME.
(PROCEEDINGS HELD OUT OF THE PRESENCE OF JUROR NUMBER 5.)
JUDGE DAVILA: ALL RIGHT. THE RECORD SHOULD REFLECT JUROR NUMBER 5 HAS LEFT CHAMBERS. COUNSEL REMAIN. ANY COMMENTS? MR. SCHENK? MR. DOWNEY?
MR. SCHENK: I THINK I WOULD LIKE TO SPEND A LITTLE BIT OF TIME REFLECTING ON IT. THE AMOUNT OF DAYS SEEMED LIKE A HIGH NUMBER. SEVEN TO TEN DAYS IS SEVERAL WEEKS OF THE TRIAL, BUT THEN THE AMOUNT OF TIME EACH DAY SEEMED SMALL, AND SHE CERTAINLY UNEQUIVOCALLY SAID SHE HAS CAPTURED THE TESTIMONY. IT'S SOMETHING TO DISTRACT HER HANDS, BUT NOT HER MIND. SO THERE'S A LITTLE BIT OF REFLECTING ON THE -- I DON'T KNOW THAT I WOULD CALL IT TENSION BETWEEN THOSE POINTS, BUT SOME THINGS RAISED CONCERNS AND SOME THINGS GAVE ME COMFORT, AND I THINK I WOULD LIKE TO TALK TO MY TEAM AND JUST ALSO REFLECT ON IT, IF THAT'S OKAY.
JUDGE DAVILA: MR. DOWNEY?
MR. DOWNEY: YOUR HONOR, I ACTUALLY HAVE TO REQUEST FOR A DISMISSAL. SHE'S BEEN PLAYING A GAME WHICH IS, YOU KNOW, AT A LEVEL OF DISTRACTION IT'S DIFFICULT FOR US TO MEASURE BASED ON HER OWN COMMENTS. WE DO KNOW THAT IT WAS SUFFICIENTLY NOTICEABLE TO ANOTHER JUROR TO BRING IT TO OUR ATTENTION. I THINK IT'S DIFFICULT FOR HER TO EVALUATE WHETHER SHE HAS MISSED TESTIMONY OR EVIDENCE. SHE KNOWS SHE'S HEARD WHAT SHE HAS HEARD AND SHE KNOWS, OF COURSE, THAT SHE HAS MADE EVERY EFFORT TO PAY ATTENTION. BUT THAT'S, FRANKLY, IMPOSSIBLE FOR US TO EVALUATE. SO TO MY MIND IT FALLS IN THE SAME CATEGORY AS THE SLEEPING OR DOZING OFF JUROR A LITTLE BIT, SO I HAVE TO REQUEST HER DISMISSAL.
JUDGE DAVILA: MR. SCHENK?
MR. SCHENK: THE -- MY REVIEW LAST TIME WHEN WE HAD A SIMILAR DISCUSSION OF THE CASES INVOLVING SLEEPING JURORS IS WE DO NOT AUTOMATICALLY DISMISS THEM. THERE'S INQUIRY INTO THE AMOUNT OF TESTIMONY THAT THEY MISSED OR THE AMOUNT OF TIME THAT THEY WERE SLEEPING, AND THE QUESTIONS THAT YOUR HONOR ASKED AND THE RESPONSES THAT THEY ELICITED DIDN'T RAISE ANY OBVIOUS CONCERNS REGARDING CHUNKS OF TESTIMONY THAT SHE MISSED. BUT I SUPPOSE I GO BACK TO WHERE I STARTED, AND THAT IS IF IT WOULD BE OKAY WITH THE COURT, I WOULD JUST LIKE TO REFLECT ON IT FOR A LITTLE WHILE. I DON'T KNOW THAT I'M IN A POSITION NOW TO AGREE TO THE REQUEST TO DISMISS THE JUROR. I DON'T THINK THE RECORD IS SUFFICIENT TO SAY IT'S OBVIOUS THAT SHE MUST GO BASED ON AN EXPRESSION OF CHUNKS OF TESTIMONY THAT WERE MISSED. BUT, LOOK, I ACKNOWLEDGE WHAT MR. DOWNEY SAID AND THAT IT'S VERY DIFFICULT TO KNOW EXACTLY HOW MUCH SHE MISSED, AND WHEN SHE SAYS SHE WAS PLAYING THE GAME SEVEN TO TEN DAYS, I HAVEN'T COUNTED, BUT MAYBE THAT'S HALF OF THE TRIAL DAYS.
JUDGE DAVILA: ALL RIGHT. THANK YOU. WELL, THAT'S A CONCERN THAT I HAVE. SHE WAS VERY OPEN ABOUT THE FACT THAT APPARENTLY THIS IS SOMETHING THAT SHE DOES TO TAKE CARE OF HER FIDGETINESS, I THINK SHE SAID, BUT SHE TOLD US THAT IT DOESN'T IMPACT HER ABILITY TO -- AT WORK, FOR EXAMPLE. AND THIS IS A DIFFERENT TYPE OF WORK. BEING A JUROR IS A DIFFERENT TYPE OF WORK AS WE KNOW. INITIALLY I DID HAVE CONCERNS WHEN SHE TOLD US ABOUT PLAYING THE GAME JUST A MINUTE OR TWO, AND I CAN UNDERSTAND THAT. IT'S VERY AKIN TO SOMEBODY DOODLING OR SOMETHING LIKE THAT. BUT I AGREE, WHEN SHE MENTIONED THE SEVEN TO TEN DAYS, JUST THE ACCUMULATION OF THE TIME THERE -- AND I DON'T KNOW WHO THE WITNESS WAS, WHO WAS -- WAS IT, YOU KNOW, WAS IT YOUR DIRECT OR YOUR CROSS, YOU KNOW, THAT CAUSES ME SOME CONCERN ABOUT HOW DO WE PARSE THAT OUT AND HOW DO YOU ASK SOMEBODY TO, YOU KNOW, TELL ME WHAT YOU'VE MISSED IN THE EVIDENCE, YOU KNOW. WE CAN'T GET THAT FROM HER. I DO HAVE SOME CONCERNS. BUT, MR. SCHENK -- AND IF I'M GOING TO EXCUSE THIS JUROR, I'D LIKE TO DO IT BEFORE WE START TODAY'S TESTIMONY, JUST TO GET IT DONE AND MOVE ON. SO WHY DON'T -- MR. SCHENK, I CAN YOU GIVE SOME TIME TO MEET, AND THEN MAY I CALL YOU BOTH BACK HERE IN ABOUT TEN MINUTES? IS THAT FINE?
MR. DOWNEY: THAT'S FINE, YOUR HONOR.
JUDGE DAVILA: GREAT. WHY DON'T YOU DISCUSS WITH YOUR TEAMS. I'LL BE HERE. YOU CAN LET MS. KRATZMANN KNOW WHEN YOU WANT TO COME BACK.
MR. SCHENK: THANK YOU, YOUR HONOR.
JUDGE DAVILA: AND WE'LL FINISH THIS UP. GREAT. THANK YOU. WE'RE OFF THE RECORD. THANK YOU.
(RECESS FROM 9:39 A.M. UNTIL 9:54 A.M.)
JUDGE DAVILA: WE'RE BACK ON THE RECORD. BOTH COUNSEL ARE PRESENT. JUROR NUMBER 5 IS NOT PRESENT. COURT STAFF IS PRESENT ALSO. COUNSEL, YOU'VE HAD AN OPPORTUNITY TO TALK WITH YOUR TEAMS. MR. SCHENK?
MR. SCHENK: THANK YOU VERY MUCH, YOUR HONOR, FOR GIVING US THAT TIME. THE GOVERNMENT IS NOT GOING TO OPPOSE THE DEFENSE REQUEST TO EXCUSE THIS JUROR. I THINK THERE'S A LITTLE BIT OF UNCERTAINTY THE EXACT AMOUNT OF TIME THAT SHE WAS DISTRACTED. SHE SAID SEVEN TO TEN DAYS SHE WAS PLAYING THE PUZZLES, AND SHE SAID A MINUTE OR TWO. SO I DON'T KNOW IF THAT MEANS SEVEN TO TEN TOTAL MINUTES. I DON'T THINK THAT'S PROBABLY ACCURATE. I THINK THE DISTRACTION WAS PROBABLY LONGER THAN THAT. SO ONE OPTION WOULD BE TO ASK FURTHER QUESTIONS ON THE TOTAL AMOUNT OF TIME OF DISTRACTION, BUT I DON'T THINK THAT'S NECESSARY. I APPRECIATE THE POINTS THAT MR. DOWNEY MADE AND THAT THE COURT DEVELOPED THROUGH ITS QUESTIONING, AND THE GOVERNMENT IS FINE WITH NOT OPPOSING THE REQUEST FROM THE DEFENSE.
JUDGE DAVILA: OKAY. THANK YOU. MR. DOWNEY, ANYTHING?
MR. DOWNEY: I THINK, YOUR HONOR, I'VE SAID MY PIECE. IT'S A CONCERN FOR US, AND I APPRECIATE THE COURT'S CONDUCTING THE QUESTIONING.
JUDGE DAVILA: ALL RIGHT. THANK YOU. THEN, MS. KRATZMANN, I AM GOING TO EXCUSE IT'S JUROR NUMBER 5. WE'LL EXCUSE HER, AND WE WILL ADVANCE THEN OUR ALTERNATE WHO IS ALTERNATE JUROR NUMBER 3, I BELIEVE, WILL REPLACE JUROR NUMBER 5. AND IF YOU COULD THANK JUROR NUMBER 5 AND TELL HER THAT SHE HAS BEEN EXCUSED. WHEN WE COME OUT ON THE BENCH, I WILL INDICATE THAT JUROR NUMBER 5 HAS BEEN EXCUSED, ALTERNATE NUMBER 3 HAS BEEN SEATED TO REPLACE HER, AND THEN WE'LL PROCEED. WE HAVE TWO ALTERNATES LEFT. ALL RIGHT. ANYTHING FURTHER, MR. SCHENK?
MR. SCHENK: NO. THANK YOU.
JUDGE DAVILA: MR. DOWNEY?
MR. DOWNEY: NO, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU. WE'RE OFF THE RECORD.
(PAUSE IN PROCEEDINGS.)
(PROCEEDINGS HELD IN OPEN COURT.)
(JURY IN AT 10:01 A.M.)
JUDGE DAVILA: ALL RIGHT. THANK YOU. GOOD MORNING. WE'RE BACK ON THE RECORD. ALL COUNSEL ARE PRESENT. MS. HOLMES IS PRESENT. OUR JURY IS PRESENT. THANK YOU FOR YOUR PATIENCE, LADIES AND GENTLEMEN. LET ME FIRST INDICATE THAT WE HAVE -- THE COURT HAS FOUND GOOD CAUSE TO EXCUSE A JUROR, JUROR NUMBER 5, AND WE HAVE ADVANCED THEN ALTERNATE JUROR NUMBER 3 TO JUROR NUMBER 5'S POSITION. THANK YOU VERY MUCH. AND ALTERNATE JUROR NUMBER 3 WILL NOW BE A MEMBER OF THE SITTING JURY IN THIS MATTER. BEFORE WE CALL ANY ADDITIONAL WITNESSES, LADIES AND GENTLEMEN OF THE JURY, LET ME JUST ASK YOU MY QUESTION AGAIN. DURING OUR BREAK, HAVE ANY OF YOU HAD OCCASION TO COME ACROSS ANY INFORMATION, COMMUNICATION, DONE ANY RESEARCH, OR IN ANY OTHER WAY LEARNED ANYTHING ABOUT THIS CASE OUTSIDE OF THIS COURTROOM? IF SO, PLEASE RAISE YOUR HANDS. I SEE NO HANDS. THANK YOU VERY MUCH. AND THANK YOU FOR YOUR CONTINUED VIGILANCE IN FOLLOWING MY ADMONITION. I KNOW IT CAN BE DIFFICULT AND IT PROBABLY CHANGES YOUR LIFESTYLES ABOUT WHEN A ROOMMATE OR FAMILY MIGHT TURN THE TELEVISION ON OR TURN A RADIO ON OR LOOK AT A NEWSPAPER AND YOU LEAVE THE ROOM TO AVOID THINGS, AND I APPRECIATE YOUR EFFORT. WE ALL APPRECIATE YOUR EFFORTS IN THAT REGARD. SO THANK YOU. ALL RIGHT. LET'S TURN TO THE GOVERNMENT. IS THERE ANOTHER WITNESS THAT YOU WOULD LIKE TO CALL, MR. LEACH?
MR. LEACH: YES, YOUR HONOR. THE UNITED STATES CALLS SHANE WEBER.
JUDGE DAVILA: THANK YOU. PLEASE COME FORWARD IF YOU WOULD. AND I'LL INVITE YOU TO WALK OVER HERE TO OUR COURTROOM DEPUTY. IF YOU WOULD FACE HER AND RAISE YOUR RIGHT HAND, SHE HAS A QUESTION FOR YOU.
(GOVERNMENT'S WITNESS, SHANE WEBER, WAS SWORN.)
SHANE WEBER: YES.
JUDGE DAVILA: THANK YOU. PLEASE HAVE A SEAT UP HERE, SIR. I'LL INVITE YOU TO HAVE A SEAT THERE. MAKE YOURSELF COMFORTABLE. FEEL FREE TO ADJUST THE CHAIR AND THE MICROPHONE AS YOU NEED. I'LL ENCOURAGE YOU TO SPEAK DIRECTLY INTO THE MICROPHONE. THERE'S SOME FRESH WATER THERE FOR REFRESHMENT. SHOULD YOU NEED IT, HELP YOURSELF. WHEN YOU ARE COMFORTABLE, WOULD YOU PLEASE STATE YOUR NAME AND THEN SPELL IT, PLEASE.
SHANE WEBER: MY NAME IS SHANE WEBER. FIRST NAME S-H-A-N-E. WEBER WITH ONE B, W-E-B-E-R.
JUDGE DAVILA: THANK YOU. COUNSEL.
MR. LEACH: THANK YOU, YOUR HONOR.