07/09 11:18
00:00:00 Please be seated.
00:00:01 All right, and we are back on record.
00:00:08 3AN20-0862 Civil Parties in Counselor Prison.
00:00:12 Prospective jurors are absent.
00:00:15 Peremptory challenges.
00:00:16 Counselor, you have your list.
00:00:17 I have one very quick question.
00:00:20 When referring to jurors, should we refer to them by the number on the seating chart or by the number on the list?
00:00:26 Their numbers are not the same, Judge.
00:00:29 It'd be nice if you're consistent.
00:00:31 I would refer to them by the numbers on the list as opposed to the seating chart.
00:00:35 Okay.
00:00:36 So when we're doing challenges for cause, I refer to them by the seating number, but we can, for preemptories, we can use the list provided by Madam Clerk.
00:00:46 I just don't want to make a mistake.
00:00:51 Use the, yeah, the preprinted list from the jury office, the trial panel list that you got.
00:00:57 which would have had a juror number on it.
00:01:01 That's what we use to track who's been dismissed and who stays.
00:01:04 All right.
00:01:13 Thank you.
00:01:13 All right.
00:01:24 so we have for the plaintiff two peremptory challenges juror number seven Rosa Belli and juror number nineteen Kim Nelson and for the defendant no peremptory challenges exercised so number seven and number nineteen was
00:02:04 All right, so for the record, that will leave us seven jurors on the panel already by my count.
00:02:20 Let me just walk through them to make sure that everybody agrees.
00:02:23 I have juror number, juror Lauren Hedge, Justin Soucy,
00:02:34 Cindy truaki janice wright reese shraggy peyton hollub and laurie verbrugge will all be part of our jury panel the next panel is ready and we'll give you their list here momentarily
00:02:58 What I'll do is bring the jury back in.
00:03:00 We'll dismiss the ones that have been challenged, either for cause or peremptory challenges.
00:03:05 The remaining jurors, what I'm going to do is dismiss them for the day, let them come back tomorrow morning at 8.30.
00:03:11 I'll swear the whole panel in once we've got them all here and give them initial instructions, because obviously we need to get to the second panel at this point.
00:03:19 Mr. Brzezinski?
00:03:20 Yes, Your Honor.
00:03:21 Very briefly, Mr. Kroenke went to use the restroom during the break.
00:03:25 I instructed Mr. Kroenke not even to look at the jurors.
00:03:28 Would you mind letting the jurors know that he's not just being rude, he's avoiding eye contact for a reason?
00:03:35 MR. Thank you for raising that.
00:03:36 I will make sure that we let them know that nobody intends to be rude.
00:03:40 It's an instruction that they will get along the way.
00:03:43 Thank you, sir.
00:03:43 MR. Thank you for raising that.
00:03:45 All right.
00:03:46 Do you want to go ahead and get the jury?
00:04:44 Thank you.
00:05:17 Please have a seat, folks.
00:05:18 Can you find your chair?
00:05:19 All right, so ladies and gentlemen, I'm now going to excuse some of you as prospective jurors.
00:05:31 Please don't take it personally if you are excused.
00:05:34 It happens for a lot of reasons that have to do with a particular case.
00:05:37 It's important as part of the jury selection process that both parties feel comfortable.
00:05:42 We've got some that were going to be dismissed.
00:05:47 I know some of you mentioned particular obligations that you need to deal with, and so I'm letting some of you go for that reason as well.
00:05:54 Before I get to dismissing all of you, something I wanted to mention earlier and forgot to do so.
00:06:00 When you're out in the hallway, you may see the lawyers, you may see the parties in this case.
00:06:06 You would get an instruction, and those of you who've served on a panel before, you probably remember this.
00:06:12 They are under very strict instructions not to have any contact with members of the jury outside of when you're right here in court.
00:06:19 So if you have seen somebody on their way to the restroom getting water, that type of thing,
00:06:24 If they ignored you, had eyes down, and paid no attention to you, that's because I told them that's what they're to do.
00:06:30 They're not trying to be rude.
00:06:32 So please don't take it that way if somebody was ignoring you.
00:06:35 We tend to do things in normal human contact that we don't do when we're here in court.
00:06:42 For that reason, that's why they've been instructed not to have any contact with you.
00:06:47 With that said, I'm going to dismiss the following jurors.
00:06:53 Ms.
00:06:54 Hinojosa, thank you for your service.
00:06:56 We're going to go ahead and dismiss you.
00:06:57 And when I call your name to be dismissed, you can go ahead and gather your things and you'll be dismissed at that point.
00:07:05 You just need to check in with the jury office downstairs and make sure that you won't be needed for another jury leader this week.
00:07:12 We're also going to excuse Ms.
00:07:14 McGinty, thank you for your service.
00:07:17 And Ms.
00:07:18 Reeves, thank you for your service.
00:07:22 And Ms.
00:07:23 Belli, thank you for your service.
00:07:31 Ms.
00:07:31 Fraser, thank you for your service.
00:07:33 We'll let you go.
00:07:35 And Ms.
00:07:35 Nelson, thank you for your service.
00:07:37 We'll let you go as well.
00:07:39 For the rest of you who have not been excused, you will be members of our jury panel.
00:07:46 We obviously don't have 14 jurors selected yet.
00:07:50 We have another panel who's going to be ready to go through this same process that you have just gone through.
00:07:55 But we don't make you sit through that.
00:07:58 In the old days, those of you who served on a jury
00:08:01 We used to fill the room full of people, and everybody sat through, and half of the people never even got in the box and answered a question.
00:08:08 This is a bit more efficient, so for those of you that are here, thank you for your service.
00:08:13 We're going to let you go for the day.
00:08:15 I would just ask you to report back tomorrow at 8.30, where we'll start up with, should be opening statements by the lawyers and some instructions.
00:08:24 So instead of coming
00:08:26 downstairs to the jury office.
00:08:28 What you'll do tomorrow when you come back, you'll come up here to the fourth floor.
00:08:33 If you go around to the right side here, right side as you're looking south, you'll see buzzers on the door.
00:08:41 One of those is going to have my name on it, Judge Matthews.
00:08:44 If you buzz that door, we're going to let you in and go ahead and bring you back to the jury room in the back tomorrow morning and let you get started at that point.
00:08:54 830 tomorrow morning.
00:08:55 I may have a couple of things I have to take up with the lawyers before we start, but we'll get started with you just as soon as we can.
00:09:01 So thank you for your service and you all are free to go.
00:09:34 All right.
00:09:34 For the record, jurors and prospective jurors are all out.
00:09:38 We're still on record.
00:09:39 Madam Clerk has the next panelist for you along with the questionnaires.
00:09:43 Again, we'll give you 15 minutes or so to go through those, and we can certainly work through the same process we did last time.
00:09:50 If you have agreements on cause, we'll take those up right to begin with.
00:09:54 The panel is downstairs and assembled.
00:09:56 I gave them about a half an hour break.
00:10:00 10 minutes ago and told them to be back in time to come upstairs.
00:10:04 So we'll see you all in about 15 minutes.
00:10:07 Thank you.
00:10:07 We'll be in recess.