Discharge Instructions to the Jury

Penalty Phase

December 13, 2004

Judge Delucchi: All right. Ladies and gentlemen of the jury, on behalf of myself and the other judges on this bench -- sort of hoarse here today -- I want to thank you very much for serving as trial jurors in this case. I know what a difficult job this has been. You have been here for a long time. You have heard a lot of evidence. You have heard the arguments of the attorneys, and you know how difficult the decision is we asked you to make in a case like had. We bring out of the community. You come in here cold turkey. We run voir dire by you. We select you, and then we put you through this ordeal. You were very diligent. There was never nobody got sick. Everybody was here on time. I just can't believe how well you performed. I know it's a hard decision for you to make. It's hard for me. It's hard for you. It's hard for the lawyers. It's hard for the families. But it's something that you saw, and this is the way you saw it, and this is the way it is. Okay? Now, I have an admonition for you before you leave. Members and alternate members of the jury, you have now completed your service as jurors in this case. On behalf of the Superior Court, I want to thank you for your giving your time and efforts to the administration of justice in this community.

You have the absolute right to either discuss or not to discuss the jury deliberations or verdict with anyone. However, be advised that, one, following discharge of the jury, the defendant, or his or her attorney or representative, or the prosecutor, or his or her representative, may discuss the jury deliberations or verdict with any member of the jury, provided that the juror consents to the discussion, and that the discussion occurs at a reasonable time the and place.

Two, any unreasonable contact with a juror by a defendant or his or her attorney, representative, or by the prosecutor, or his or her representative, without the juror's consent, must be immediately reported to me, the trial judge. Any violation of what I have just told you will be considered a violation of a lawful court order, and shall be subject to reasonable monetary sanctions. I have already sealed all the jury information, home address, your telephone number, all that has been sealed, will remain sealed pending review of this case by the Supreme Court.

There is one other thing I want to tell you about here. You are free to talk to the media if you are so inclined. And we have made arrangements if you want to. We'll take you go to a place. Jenne will make arrangements for you to talk to the media. Those of that don't want to talk will be returned to the hotel so you can go about your business, okay? Now, as you know, this case has engendered a great deal of interest by the public and, therefore, the media. If you are interested in speaking with the media, please advise the bailiff Jenne. The bailiff will take you to a room where the media will be present, and you may respond to questions.

Now, we are going to give you a handout. If you choose to speak with the media, you need to be aware of the following. Penal Code Section 1152 states that within 90 days of discharge, jurors shall not request, accept, agree to accept, or discuss with any person receiving or accepting any payment or benefit in consideration for supplying any information concerning the trial. And that juror shall promptly report to the Court any incidents within their knowledge involving an attempt by any person to improperly influence any member of the jury. Those include things like limousine rides to and from interviews, for example, gift baskets, food items, satchels shirts, transportation, including air and hotel accommodations and vacations. So for 90 days you can't accept any monetary benefit as a result of your service as a juror. After 90 days you can do whatever you want, okay?

Like I said, you can talk to the media today if you want to. You are not compelled to do so unless you want to. Okay? So I want to thank you all very much. And you are excused now. Thank you. Okay. When you leave then I'll leave the bench.