2.Motion to Remove a Deliberating Juror and Court’s Response
23 linesTHE COURT: All right. Counsel can proceed to the sidebar just for a second.
THE COURT: All right.
MR. REDDINGTON: Thank you, Your Honor. I appreciate that. I appreciate the fact, Your Honor, that you're allowing us to be heard in public rather than at the sidebar. The juror—the court has an instruction from the foreperson of that juror that's been working for a week now, saying that there's one juror who refuses to listen to the law that you've given him or her on reasonable doubt. And I suggest respectfully that the soft instruction that you gave them saying, at the sidebar, "Can you listen to the law as I instruct you?" does not focus on the issue. It is, the question is not sufficient enough. It does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on the law, on reasonable doubt. And if we come back here in a half an hour with a mistrial because of a juror that has just spurned the instructions of this court, it's a shame. It's a real shame, and that's why I object to the court's ruling. I request that we have further inquiry. I request that we... My motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.
THE COURT: All right. Commonwealth.
MS. SPRAGUE: Thank you, Your Honor. We have the note from the jury. There's no way to determine what the deliberations are, who's correct, who's incorrect, and nor should we attempt to, because that's part of deliberations. I think what Your Honor has done by asking each juror if they're able to follow the law, and then giving a general instruction on reasonable doubt, is appropriate under Commonwealth versus Ralph. So we do not have an objection to what, the questions or the reinstruction.
THE COURT: All right. Well, I'm sure as parties understand, as they say, the discharge of a deliberating juror is a sensitive undertaking. I was just specifically responding to the specific question that was asked. I don't feel that I- it is proper for me to side with one side or the other of the deliberations. I don't feel it's appropriate for me to say I agree with one juror or 11. At this point, I've asked if they are able to follow my instructions according... They swore earlier that they could. They've said to- now at this point that they can. That was specifically addressed towards the specific question, and that's what I'm doing. So the defendant's objection is noted, and we will be in recess on this, at this time. Thank you.
BAILIFF: Court, all rise.
BAILIFF: Court is back in session. You may be seated.
THE COURT: All right. You ready for the jury?
MS. SPRAGUE: Yes.
THE COURT: All right. Counsel, you ready for the jury?
MR. REDDINGTON: Yes, Judge. Thank you.
BAILIFF: Court, all rise. Jurors entering.
BAILIFF: This court's now in session. Please be seated.
COURT CLERK: Your Honor, present before the court, we have 12 deliberating jurors and six alternates in the matter of Commonwealth versus Lindsay Clancy. All of the parties are present.
THE COURT: All right. All right. Well, good afternoon, everybody. What I'm gonna do is excuse you until tomorrow morning at 9:00. All right? And then I'll speak to you at that point, tomorrow morning. So remember the instructions that I've given you over and over again. Stay away from any coverage about this. Don't talk about this case. And I will see everybody tomorrow morning. Okay? Thanks.
BAILIFF: Court, all rise. Jurors, this way please.
BAILIFF: Jurors have exited the courtroom. This court's in session. Please be seated.
THE COURT: All right. Anything we need to address before tomorrow morning?
MS. SPRAGUE: No.
THE COURT: All right. So we'll be in recess till tomorrow.
BAILIFF: Court, all rise.
BAILIFF: Court stands in recess until tomorrow.