Jurors View the Boat

 

Guilt Phase

July 27, 2004

 

JUDGE: First order of business is, this morning we are going to give you a jury view of the boat that was seized. I want to remind you that when you see this boat this morning, that the items that were in the boat at the warehouse are not included in the boat, because they are all marked here as exhibits. So when you are looking at this boat, you can consider the fact that these items are not in the boat, for whatever evidentiary value it may has for you. You are the trier of fact. Okay? But we could not exactly duplicate the boat the way it was seized at the warehouse. You have seen at least dozen photographs of the way the boat looks, so you can take that into consideration. So what we are going to do now, this should take not more than half an hour. We're -- I'm going to appoint Deputy Carnevale, Deputy Orange and Deputy Pharo as bailiffs to take the care, custody and control of the jury. And the jury is to be conducted as a body in the custody of the Sheriff's Department through the bailiffs to the place where the property is in a secured location. So we'll swear the jury now. Do you want -- not the jury. Swear the bailiffs. Defendant will be present, the attorneys will be present, and I will be there also. You are not going to go very far, okay? So don't pack a lunch. I want to remind you that you are -- no questions will be allowed. You won't be able to ask any questions, and no testimony will be taken. All you are going to go do is just look, okay? And they will bring you there when we get there. And this will be a few minutes, okay? So I'm going to turn you over to Jenne now, and Deputy Pharo. And they are going to lead you to where the boat is located. We should be there momentarily. And then after you have looked at the boat, you are going to come back to the courtroom. Bear in mind now that the boat is not in the same condition as it was when it was seized in the warehouse, okay? You are just going to look. Don't need your books.
<recess>
JUDGE: The record should reflect that we have conducted a jury view of the boat, and that no questions were asked, and everybody has been brought back to the Court House and are now in the Jury Assembly Room.