7.Defense Rests; Count 7 Stipulation and Defendant's Decision Not to Testify
30 lines(In open court:)
COURT CLERK: All rise for the jury.
(The jury enters the courtroom at 2:44 p.m.)
COURT CLERK: Be seated.
THE COURT: Jurors, thank you for your patience. We had a few things we had to work on without you. Welcome back.
Ms. Clarke?
MS. CLARKE: Your Honor, at this point we rest.
THE COURT: All right. Do you want to be seen briefly or --
MS. CLARKE: Sidebar or --
THE COURT: I don't care if you want to do it in open court.
MS. CLARKE: We would renew our Rule 29.
THE COURT: All right. Same reservation.
Jurors, the defense has rested its presentation of evidence for this trial. The parties have asked that I read you this stipulation: "The parties stipulate and agree that a victim of the offense charged in Count 7 was a national of another state and not a United States citizen."
With that stipulation, which is an agreement by the parties, the evidence is concluded. We will proceed to the next stage of the case, which will be closing statements by the lawyers, my instructions to you, and you'll begin your deliberations thereafter. We will do that on Monday, this coming Monday. We have to take a few days to organize and make sure we have everything ready for that stage of the case. But beginning on Monday you will begin deliberating on the case. So make your plans accordingly. We'll go day to day as necessary. A typical -- we might go a little past four o'clock, nine to four-thirty, for example, on a day-to-day basis until you've concluded your work and reached a verdict, all right?
It is imperative that you speak nothing of this case to anyone including yourself in the mirror, all right? Am I making myself clear?
(Laughter.)
JUROR: Yes, sir.
THE COURT: There will be some family gatherings, perhaps, this weekend. There are some holidays. People will want to know things. You can't tell them. Nothing. Please. Okay? Enjoy it. Enjoy the weekend, and we'll see you on Monday, ready to continue with this matter. Thank you.
We will be in general recess.
COURT CLERK: All rise for the Court and jury. The jury will be dismissed.
(The jury exits the courtroom at 2:48 p.m.)
THE COURT: Briefly.
MS. CLARKE: We would renew our Rule 29.
THE COURT: All right. The matter is reserved.
MR. WEINREB: Your Honor, there is actually one thing we would like to briefly put on the record, and I think in an excess of caution, we should do it at the sidebar.
THE COURT: Okay.
(Discussion at sidebar and out of the hearing of the public:)
MR. WEINREB: I'd just note that the Court did not inquire of the defendant personally whether he was waiving his Fifth Amendment right to testify on his own behalf, and I'd just ask that the record reflect that the defense [sic] has no reason to believe that the defendant is not fully informed of his Fifth Amendment right to testify on his own behalf and has knowingly and voluntarily chosen to waive that.
MS. CLARKE: We are not calling him as a witness and he agrees with that.
THE COURT: That's a matter you've discussed with him?
MS. CLARKE: Yes.
THE COURT: Fine. Okay. I'll leave it at that.
Okay. I'd like to have a scheduling conference in the back when people get organized.
(In open court:)
COURT CLERK: Court will be in recess.
(The Court exits the courtroom and the proceedings adjourned at 2:50 p.m.)