1.Seated-Juror Inquiry on Media Exposure and Outside Discussions
335 linesP R O C E E D I N G S
COURT CLERK: Judge, I have Number 35 here.
THE COURT: Good morning.
JUROR: Hi. I'm a little nervous.
THE COURT: Don't be nervous. We're about to get going. I just wanted to ask each of you individually whether you've had any difficulty in following the instructions about avoiding any discussion of the case with anyone or any exposure to media reports about it.
JUROR: No.
THE COURT: In other words, this is the last time before we really get the case.
JUROR: Yeah.
THE COURT: I want to just --
JUROR: No, absolutely not.
THE COURT: Okay. So you've followed those instructions?
JUROR: Yes, I have.
THE COURT: You haven't read the newspaper stories?
JUROR: No, absolutely not.
THE COURT: You know, as a lead-up to today there's been some more activity.
JUROR: I don't watch the news.
THE COURT: Okay. Thank you.
(Juror No. 35 is excused.)
COURT CLERK: Judge, I have Juror No. 41.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: This will be, I hope, brief.
JUROR: How are you?
THE COURT: We're about to get started. The case will be in the jury's hands pretty soon, so I just want to ask for the last time to be sure: Have you had any difficulty in following the instructions about keeping away from news reports or talking about the case with anybody?
JUROR: No, no difficulty.
THE COURT: No difficulty? You haven't seen or read any reports, including anything leading up to the case going to the jury? There's been a lot of press activity, obviously, as you can imagine.
JUROR: No. I mean, you know, if I'm watching TV and it starts to come on, I remove myself from the situation.
THE COURT: Okay. And you haven't had any discussions with anybody about the substance of the case?
JUROR: No, although they've tried.
(Laughter.)
THE COURT: I'm sure they have. That's why we're so sensitive to this, because we know in real life that's what happens. But you've been able to follow the instructions?
JUROR: Yes.
THE COURT: Okay. Thank you very much.
JUROR: Okay. You're welcome.
THE COURT: And, please, as we're doing this one by one, it's going to take us a while to get through 18. As you're standing lined up, please don't talk about it either.
JUROR: Okay.
(Juror No. 41 is excused.)
COURT CLERK: Judge, I have Juror No. 83 here.
THE COURT: Okay. Come in, sir.
Would you line up the next one, Paul, so we can go right after?
COURT CLERK: Yeah.
THE COURT: Good morning.
JUROR: Good morning. How are you?
THE COURT: Good.
We're almost at the point where the jury is going to get the case. I just want to ask again for the last time before we do that whether you've had any problem in avoiding news reports about the case.
JUROR: No; I've been very good about staying away from it, so...
THE COURT: Okay. Including over the weekend there have been reports about things leading up to today in the press?
JUROR: No, I haven't heard anything.
THE COURT: Okay. And you've been able to avoid talking about the merits of the case with anybody?
JUROR: Yeah.
THE COURT: Okay. Thanks. That's all I want to know.
JUROR: All right.
(Juror No. 83 is excused.)
COURT CLERK: Next up is 102.
THE COURT: Good morning. What did you do to your hand?
JUROR: I fractured my wrist.
THE COURT: Oh, dear. I'm sorry.
JUROR: I'll be okay.
THE COURT: This will be -- just quick, I just wanted to touch base with each of you individually to be sure before we get to the next stage that you've been able to stay away from news reports in the case?
JUROR: Yes.
THE COURT: Has that been true?
JUROR: Uh-huh.
THE COURT: Over the weekend there have been reports by the press, you know, getting excited about today happening and so on. Have you seen or read anything about that?
JUROR: No, nothing, actually.
THE COURT: Okay. Have you been able to avoid talking about the merits of the case with anyone?
JUROR: Yeah.
THE COURT: That's all I wanted to know.
JUROR: Okay.
(Juror No. 102 is excused.)
COURT CLERK: Juror No. 138.
THE COURT: Good morning. Have a seat quickly.
JUROR: How are you guys doing?
THE COURT: We're at the stage where the case is going to be submitted to the jury. I just wanted to take one last chance to talk to each of you individually to be sure you have followed the instructions not to talk about the merits of the case with anyone.
JUROR: Yes.
THE COURT: And avoid news reports about the case?
JUROR: Yes.
THE COURT: There's been some publicity over the weekend about things as the press anticipates today. And you've been able to --
JUROR: Yeah, I didn't watch any news.
THE COURT: Or read the papers?
JUROR: No, I don't read the paper.
THE COURT: All right. That's all I wanted to know.
JUROR: All right. Awesome.
(Juror No. 138 is excused.)
COURT CLERK: 229.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: Just sit briefly. It will be brief.
JUROR: Okay.
THE COURT: Just as we are about at the last stage of the case in the courtroom, we're going to put the case to the jury, I just wanted to ask for the last time whether you've had any problem in avoiding news reports about the case.
Have you been able to avoid the press over the weekend? And, in particular, the press is getting excited about the --
JUROR: Sure. No one has talked to me.
THE COURT: -- events today.
You haven't seen anything in the papers or anything?
JUROR: No.
THE COURT: Okay. And you've been able to avoid talking about the case with anybody?
JUROR: Uh-huh.
THE COURT: Yes?
JUROR: Yes. I'm sorry. Yes.
THE COURT: Okay. Fine. Thank you.
JUROR: Thank you.
(Juror No. 229 is excused.)
COURT CLERK: 286, Judge.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: Just briefly, I just wanted to talk to each of you individually to be sure that you've had no problem in abiding by the instructions to avoid talking about the case with anyone.
JUROR: Right. Yes.
THE COURT: And to avoid news reports about the matter?
JUROR: Uh-huh.
THE COURT: As the case came to today, the press has been having stories that lead up, over the weekend, and so on. Did you see any of those or read any of those?
JUROR: No, I worked all weekend.
THE COURT: Good for you. All right. Thank you. That's all I wanted to know.
JUROR: All right.
(Juror No. 286 is excused.)
COURT CLERK: 349.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: Have a seat briefly. I'm just talking to each of you individually as we get ready to present the case to you to be sure you've had no problem avoiding news reports about the case.
JUROR: No, I haven't.
THE COURT: There's been some activity over the weekend as the press anticipates the occasion for today. Have you been able to stay away from those stories?
JUROR: Yeah. Yeah.
THE COURT: Okay. Have you also been able to avoid any discussion of the case with anybody about the merits of the case or anything?
JUROR: No. Uh-huh. Yes. Sorry.
THE COURT: All right. That's it. Thank you.
JUROR: That's it?
(Juror No. 349 is excused.)
COURT CLERK: Next up is Juror 395.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: Just have a seat briefly.
JUROR: Sure.
THE COURT: I'm just taking this occasion before we send the case to you to be sure that each of the jurors has been able to abide by the instructions and stay away from any news reports of the case.
JUROR: I have.
THE COURT: You have been able to do that?
JUROR: Yes.
THE COURT: Okay. Including over the weekend there has been some press activity as they anticipate today. Have you been able to avoid any --
JUROR: I honestly have not looked at television. And over the weekend with family I did have to excuse myself once or twice, but --
THE COURT: To avoid discussion of the case?
JUROR: -- for the most part people were very respectful of my situation.
THE COURT: Okay. So when you thought it was getting close, you took measures to stay away from --
JUROR: They actually gave me -- my family actually gave me a warning and told me that I needed to leave. So they were pretty respectful.
THE COURT: Okay. And you mentioned TV. Newspapers as well?
JUROR: No newspapers.
THE COURT: Okay. Thanks very much.
JUROR: Okay. Thank you.
(Juror No. 395 is excused.)
COURT CLERK: 441.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: I'm just taking this opportunity before we send the case to the jury to touch base with each of you to make sure that you've had no trouble in avoiding any discussion of the case with anyone. Is that the -- is that true?
JUROR: Yes.
THE COURT: You avoided it?
JUROR: Uh-huh.
THE COURT: And you've been able to avoid any news reports about the case?
JUROR: Yes.
THE COURT: Including over the weekend, as some of the press has started to, you know, increase their coverage as we come to today?
JUROR: Yes, I avoided it.
THE COURT: Okay. You didn't look at the daily newspapers or anything like that?
JUROR: No, purposefully not.
THE COURT: Okay. Thank you.
JUROR: All right.
(Juror No. 441 is excused.)
COURT CLERK: 480.
THE COURT: Good morning.
JUROR: How are you?
THE COURT: Good. Just have a seat briefly.
Just as we get ready to send the case to the jury, I'm taking the opportunity to talk to each of you individually to be sure you've had no problem in following my instructions about avoiding news accounts of the case.
JUROR: Yeah.
THE COURT: Is that -- have you been able to do that?
JUROR: Those will occur.
THE COURT: Yup. Have you avoided it?
JUROR: As much as I could. I mean, you hear it and you try to look the other way and --
THE COURT: And were you able to do that?
JUROR: Oh, yeah.
THE COURT: Huh?
JUROR: I guess the good thing is I'm pretty much hard of hearing, so I can focus a lot. And the best thing about the case was the microphones. So that worked out good.
THE COURT: But If you thought you were being exposed to something, did you take some steps to avoid it?
JUROR: Yeah, (guttural utterance while indicating). Left turn.
THE COURT: Okay. And did you avoid talking about the case with anyone?
JUROR: Not recently. I mean, back when we had our interviews, I told you I mentioned it with my mother and --
THE COURT: Yeah. Well, what you mentioned is that you were called for service. Is that it?
JUROR: Yeah.
THE COURT: Did you talk about the substance of the case with anyone?
JUROR: No.
THE COURT: All right. Thanks.
JUROR: Thank you.
(Juror No. 480 is excused.)
COURT CLERK: 487.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: As we get ready to send the case to the jury, I just want to take this opportunity to be sure that you've had no problem in avoiding news reports about the case?
JUROR: No problem.
THE COURT: Okay. There's been some activity over the weekend as the press anticipates today.
JUROR: Yeah.
THE COURT: Have you seen or read any of that coverage?
JUROR: Nope, none at all.
THE COURT: Okay. And have you avoided talking about the case with other people?
JUROR: Yes.
THE COURT: Okay. Thank you.
JUROR: Is that it? Okay.
(Juror No. 487 is excused.)
COURT CLERK: 552.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: This will be brief. I just wanted to touch base with each of you as we get ready to send the case to the jury to be sure that you've been able to follow the instructions to avoid news reports about the case.
JUROR: Yes, I have, your Honor. Yes.
THE COURT: Particularly over the weekend as the press anticipates today, there's been some increased activity in both the newspapers and the radio and TV. Have you been able to --
JUROR: I pretty much gave up watching the news for the most part.
THE COURT: Nothing good has happened, I'll tell you.
(Laughter.)
JUROR: Surprise.
THE COURT: Have you also avoided talking about the merits of the case with anyone?
JUROR: Yes. Absolutely, your Honor.
THE COURT: Okay. Thank you.
JUROR: You're welcome.
(Juror No. 552 is excused.)
COURT CLERK: 567.
JUROR: Good morning, your Honor.
THE COURT: Good morning. Briefly --
JUROR: Sure.
THE COURT: -- I just want to talk to each of you individually as we get ready to send the case to you to be sure that you've had no trouble in following my instructions and avoiding the newspapers and the TV reports about the case.
JUROR: Yes, sir.
THE COURT: You tell me affirmatively --
JUROR: I have. Yes, I have avoided all opportunities.
THE COURT: Okay. Okay. And particularly, over the weekend there's been some increased press interest in the case knowing about today, so...
JUROR: I didn't see any all weekend long. I don't even have cable TV.
THE COURT: Okay. That includes newspapers as well?
JUROR: Newspapers: I haven't read one. I've kind of Jonesed it, so...
(Laughter.)
THE COURT: And have you been able to avoid talking about the merits of the case with anyone?
JUROR: Yes. Yes, I have.
THE COURT: All right. Very good. Thank you.
(Juror No. 567 is excused.)
COURT CLERK: 588.
THE COURT: Good morning.
JUROR: Good morning.
THE COURT: I just wanted to take the opportunity to talk to each of you individually as we get ready to present the case to you to be sure that you've had no problem in following the instructions about not talking about the case with anyone?
JUROR: Yeah, it hasn't been a problem.
THE COURT: Okay. Have you avoided media reports, news, TV, newspapers?
JUROR: Yeah. Anytime it comes on, I just leave the room, turn it off.
THE COURT: Okay. And in anticipation of today, the press over the weekend/late last week, you know, started getting more stories.
JUROR: They did?
THE COURT: Have you avoided those?
JUROR: Oh, okay. Sorry.
THE COURT: All right. Have you avoided them?
JUROR: Yes.
THE COURT: Okay. All right. Thank you.
JUROR: Okay.
(Juror No. 588 is excused.)
COURT CLERK: 598.
THE COURT: What happened?
JUROR: Nothing major. Not this past weekend, the weekend before, I strained my T-band. A lifelong break. And went to the hospital and they said just stay off of it for three to five days and you'll be fine. I can walk on it now. It's feels 100 percent better. I'm not in pain. I just --
THE COURT: Will it be any problem for you to sit for an extended period of time?
JUROR: No, no, no, not at all. The tendon feels great.
THE COURT: If you feel you think you need to stand up to relieve it.
JUROR: I don't. I don't.
THE COURT: All right.
JUROR: It's already better. Just two days on crutches, it's better. It's like I probably don't even need these. I'm thinking about not bringing them in because I don't want the attention.
THE COURT: All right. So I just wanted to talk to each of you individually to be sure that you've had no problem in avoiding news reports about the case.
JUROR: Zero.
THE COURT: Okay. Both TV and radio and newspapers?
JUROR: Yeah, I've listened to the radio on the way in and it's come on and I just turn it -- there's nothing they're going to tell me that...
THE COURT: Right. So if you hear it coming on --
JUROR: I turn the channel.
THE COURT: -- you actually turn the station and get rid of it?
JUROR: Yeah, and at home too. I mean, my wife watches the news. I'm not really watching any news, or try not to. Or sometimes I'll watch a little bit, national news or something. But if there's anything on, I just walk away. There's nothing -- I didn't see any point. There's nothing that I could absolutely hear about this. I mean, what's the point? There's -- I'm an eyewitness.
THE COURT: Right. And have you been able to avoid talking about the case with people?
JUROR: I've not only avoided talking about the case but I've avoided people in general. I mean, when I first came up, there's people who knew I came up and obviously curios and I'd say, "I can't talk about it. I can't talk about it." And as time went on -- I mean, I work alone, I go home, I play with my kids. And I just want to get the hell away from it really.
THE COURT: Okay. Thank you.
JUROR: All right? Thank you.
(Juror No. 598 is excused.)
COURT CLERK: 608.
THE COURT: Have a seat. Good morning.
JUROR: Good morning.
THE COURT: This will be brief.
JUROR: Okay.
THE COURT: I just wanted to touch base with each of you individually to be sure that you've had no problem avoiding news reports about the case during the presentation of the trial.
JUROR: Yes, I have not read news reports.
THE COURT: Okay. Both newspapers and TV, radio?
JUROR: The TV comes on, I walk in the other room and my husband yells when it's time to come back.
THE COURT: Okay.
JUROR: And on Tuesday he actually cut an article out of the newspaper, so I said, "What happened to the paper?" But that was the only time he did that.
THE COURT: Did he used to work for the CIA?
JUROR: No. No.
(Laughter.)
THE COURT: And have you been -- have you been able to avoid talking about the case, the substance of it with anybody?
JUROR: Yes. Yeah, I've had to be fairly adamant in some cases.
THE COURT: Okay. Thank you.
JUROR: Yup.
(Juror No. 608 is excused.)
COURT CLERK: And 638.
THE COURT: Good morning.
JUROR: Good morning. Happy Monday.
THE COURT: I just wanted to take a moment to talk to each of you individually to be sure that you've had no problem following the instructions about avoiding news reports about the case.
JUROR: Yes.
THE COURT: Is that the case, you've been able to avoid it?
JUROR: Avoid it.
THE COURT: Both TV and newspapers?
JUROR: TV, newspapers, people.
THE COURT: Okay. And that's my next question. You've been able to avoid talking about the merits of the case with anyone?
JUROR: Yes.
THE COURT: Obviously you tell people you're here, but you don't talk about the merits?
JUROR: That's limited as to who knows I'm here.
THE COURT: Okay. Fair enough. That's all I wanted to know. Okay.
JUROR: Okay. Thank you.
(Juror No. 638 is excused.)
THE COURT: Okay?
COURT CLERK: Do counsel want to follow me.
MR. CHAKRAVARTY: Can we have a couple of minutes before --
MS. CLARKE: Thank you.
THE COURT: Yes. So as you were coming in here, Paul was getting assembled draft verdict slips. I expect the timing will be that you're going to go on for a while. We'll probably take a break after that, come back and do -- well, I'm going to go on for a while, to begin with.
MS. CLARKE: Right.
THE COURT: At some length.
And on that, let me just say: I changed the aiding and abetting instruction to more track the First Circuit model. On reflection, I thought that was a better way to present it since that's a major issue in the case.
So I'll do that, followed by the prosecution. And then we'll certainly take a break because the two of us will be quite a bit.
MR. CHAKRAVARTY: I'll need a minute or two just to set things up.
THE COURT: Oh, let me ask about the audio-visual aids during presentations.
MR. CHAKRAVARTY: So I have a -- I have one poster board and mostly a PowerPoint slide show which has audio/video and mostly just static images. But we checked the volume and it's loud, but it's not louder than it has been during trial.
The video is at the beginning, mostly front-loaded. So after I use the poster board I'm going to move the poster board out of the way so you can have an unimpeded view. But that screen that we've rolled out from time to time, we'll use that.
THE COURT: Okay.
MS. CLARKE: And I'm using some exhibits that will be pulled up electronically. Frankly, this is all very new to me. I'm used to the chalkboard and -- you know, it's my age. But I'm using some of those so that you can pull out -- and Bill Fick is going to do that for me.
THE COURT: And he'll do that from -- do you know what the feed is?
MS. CLARKE: He'll do it from where he's sitting.
THE COURT: If he's doing it from his desk, that could be a different feed from the cart. That's the question.
MS. CLARKE: I'll ask him and let you know.
THE COURT: We'll have a break before then anyway.
And what's your feed? Is it from Mr. Bruemmer.
MR. CHAKRAVARTY: Yes, it's from Mr. Bruemmer.
MS. CLARKE: And the prosecution said that I could move their screen towards me so that I could see what was on the screen.
THE COURT: On the front table?
MS. CLARKE: Yeah, on their table.
THE COURT: Be conscious of the microphone, both of you, at the microphone. Because it's not only good for the reporter, but it's broadcasting to the other rooms. We want to be sure they could hear it.
MR. CHAKRAVARTY: We still need to see your exhibits. We'll look at them.
MS. CLARKE: Sure. That's exactly what Bill thought. Thank you, Judge.
THE COURT: Okay. So signal to Paul when you're ready and we'll come in.
MS. CLARKE: Thank you.
(The proceedings adjourned at 9:53 a.m.)
P R O C E E D I N G S
COURT CLERK: All rise for the Court and the jury.
(The Court and jury enter the courtroom at 9:59 a.m.)
COURT CLERK: Be seated.
THE COURT: Good morning, counsel.
UNIDENTIFIED ATTORNEY: Good morning.
THE COURT: Good morning, jurors.
JUROR: Good morning, your Honor.