Response to Jury Note No. 1 Regarding Review of Instructions
38 linesSAN JOSE, CALIFORNIA DECEMBER 21, 2021 P R O C E E D I N G S
(COURT CONVENED AT 3:17 P.M.)
(JURY OUT AT 3:17 P.M.)
JUDGE DAVILA: WE ARE ON THE RECORD IN THE HOLMES MATTER. ALL COUNSEL IS PRESENT. MS. HOLMES IS PRESENT. COUNSEL, I JUST WANTED TO LET YOU KNOW THAT WE RECEIVED A NOTE FROM THE JURY, AND THIS WAS RECEIVED AT 3:30 P.M. -- 3:30 P.M. MS. KRATZMANN, IF YOU COULD MAKE PHOTOCOPIES OF THE NOTE. WE'LL DISTRIBUTE THE NOTE TO COUNSEL NOW.
(DISCUSSION OFF THE RECORD.)
JUDGE DAVILA: IT SAYS 3:30.
(LAUGHTER.)
(PAUSE IN PROCEEDINGS.)
JUDGE DAVILA: SO, COUNSEL, YOU HAVE THE NOTE. IT'S NOTE NUMBER 1, AND I'LL READ THE JURY'S NOTE. "THE JURY HAS THE FOLLOWING QUESTION: "CAN THE JURY TAKE JURY INSTRUCTIONS HOME TO REVIEW THEM AT LENGTH." IT'S SIGNED BY A JUROR, AND IT'S DATED 12-21. IT HAS A TIME 3:30 P. COUNSEL, THE COURT'S RESPONSE IS "NO." I DON'T KNOW -- I'M HAPPY TO HEAR FROM YOU IF YOU WOULD LIKE TO ADD TO THAT RESPONSE.
(DISCUSSION OFF THE RECORD.)
JUDGE DAVILA: LET ME JUST INDICATE THE COURT -- FIRST OF ALL, THE JURORS MAY NOT TAKE THE INSTRUCTIONS HOME TO REVIEW. THE COURT VIEWS THAT AS ENGAGING IN DELIBERATIONS, AND AS WE ALL KNOW, ALL DELIBERATIONS MUST TAKE PLACE ONLY IN THE JURY DELIBERATION ROOM. IF I WERE TO ADD ANYTHING TO THAT ANSWER "NO," I WOULD ADD WHAT I JUST SAID.
MR. DOWNEY: YOUR HONOR, WE DON'T DISAGREE WITH THAT, AND I THINK IT MAY BE CONTRARY TO AN INSTRUCTION THAT YOUR HONOR HAS ALREADY GIVEN. WE DON'T DISAGREE THAT "NO" IS A SUFFICIENT ANSWER.
JUDGE DAVILA: OKAY.
MR. SCHENK: YOUR HONOR, WE ALSO AGREE WITH THAT JURY INSTRUCTION NUMBER 1 INFORMS THE JURY THAT A COPY IS IN THE JURY ROOM. IF THE COURT WANTS TO ADD TO IT, IT COULD CITE TO THAT INSTRUCTION AND FURTHER CLARIFY THAT THE INSTRUCTIONS SHOULD NOT BE TAKEN OUT OF THE DELIBERATION ROOM.
JUDGE DAVILA: OKAY. WOULD YOU LIKE TO CRAFT SOMETHING NOW OR DO YOU -- LET ME TURN TO THE DEFENSE. THIS IS AN OPPORTUNITY FOR US, IF YOU WOULD LIKE, TO PUT TOGETHER, AND MS. KRATZMANN HAS HER DEVICE READY. ANYTHING IN ADDITION TO "NO"? DO YOU WANT A MINUTE TO TALK AT YOUR TABLES?
(DISCUSSION OFF THE RECORD.)
MR. DOWNEY: YOUR HONOR, JUST FOR PERFECT CLARITY FOR THE JURY, THE DEFENSE SUGGESTS THAT WE SAY, "ALL DELIBERATIONS MUST OCCUR IN THE JURY ROOM. NO."
MR. SCHENK: THAT'S FINE WITH THE GOVERNMENT.
JUDGE DAVILA: OKAY. MS. KRATZMANN, COULD YOU PRINT OUT THREE COPIES OF THOSE AND DISTRIBUTE THEM TO COUNSEL AND THE COURT?
COURT CLERK: YES, YOUR HONOR.
(PAUSE IN PROCEEDINGS.)
COURT CLERK: (HANDING.)
JUDGE DAVILA: THANK YOU.
COURT CLERK: YOU'RE WELCOME.
JUDGE DAVILA: COUNSEL, DO YOU HAVE THE PROPOSED RESPONSE IN FRONT OF YOU? IT READS IN RESPONSE TO JURY NOTE NUMBER 1, "ALL DELIBERATIONS MUST OCCUR IN THE JURY ROOM. NO."
MR. SCHENK: THAT'S FINE WITH THE GOVERNMENT, YOUR HONOR.
MR. DOWNEY: THAT'S FINE WITH THE DEFENSE.
JUDGE DAVILA: ALL RIGHT. THANK YOU. SHOULD I PUT THE TIME DOWN 3:23 P.M.?
MR. SCHENK: YES, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. I'LL DO THAT. I'LL SIGN IT, AND WE'LL SEND THIS BACK.
MR. DOWNEY: VERY WELL.
JUDGE DAVILA: ALL RIGHT. I'VE SIGNED THE NOTE AND THE RESPONSE. WE'LL SEND IT BACK TO THE JURY AND AWAIT ANY FURTHER WORD.
MR. DOWNEY: THANK YOU, YOUR HONOR.
MR. SCHENK: THANK YOU, YOUR HONOR.
JUDGE DAVILA: ANYTHING FURTHER?
MR. DOWNEY: NO, YOUR HONOR.
JUDGE DAVILA: ALL RIGHT. THANK YOU.
COURT CLERK: COURT IS ADJOURNED. (RECESS TAKEN AT 3:23 PENDING THE DELIBERATIONS OF THE JURY.)