Replacement of Juror 7 and Instructions to the Jury

Jury Deliberations:  Guilt Phase

November 9, 2004

JUDGE: All right. Good afternoon, ladies and gentlemen of the jury. We reconvened you here now because we have to tend to some business here. As you were aware, we had to substitute a juror, so I have to reinstruct you on a few things. First of all, members of the jury, a juror has been replaced by an alternate. We're going to do that just in a second. Let's do that now. Call the alternate and seat the alternate juror. Marylin?

CLERK: I beg your pardon?

JUDGE: Want to seat the alternate juror, call the alternate juror?

GERAGOS: Alternate number 2.

CLERK: Alternate number 2.

JUDGE: You're going to be seated right there. You're going to be number 7. Okay. In picking up where we left off. A juror has been replaced by an alternate juror. You must not consider this fact for any purpose. The People and the defendant have the right to a verdict reached only after full participation of the twelve jurors who return the verdict. This right may be assured only if you begin your deliberations again from the beginning. You must, therefore, set aside and disregard all past deliberations and begin deliberating anew. This means that each remaining original juror must set aside and disregard the earlier deliberations, as if they had not taken place. You shall now retire and begin anew your deliberations in accordance with all the instructions previously given. One other thing. Remind you again, you must decide all questions of fact in this case from the evidence received in this trial and not from any other source; okay? Remember that. So we're going to send you back to start all over again, okay? And keep in touch. Okay.