07/16 14:39
00:00:00 Court resumes its session.
00:00:01 Thanks, everybody.
00:00:02 Please be seated.
00:00:02 Welcome back.
00:00:03 Thank you, Seth.
00:00:06 All right, folks.
00:00:06 We're back on record in the Kroenke v Elliott Matter 3AN20-08622.
00:00:12 Civil parties are present.
00:00:14 Well, I should say council is present.
00:00:17 Parties are not.
00:00:20 We have a question from the jury, which we've provided a written copy of to each council.
00:00:26 The question for the record is from
00:00:29 The foreperson, can we find a yes answer for all questions number 1, 2, 5, and 6?
00:00:37 That refers to the special verdict form, obviously.
00:00:41 Mr. Brzezinski, Mr. Bedinger?
00:00:49 I think so, sure.
00:00:50 Mr. Campion?
00:00:53 We discussed this off record.
00:00:54 I think the answer is yes.
00:00:56 The only question is whether you have any interest in directing them back to the instruction.
00:00:59 It requires 10 of them to agree on any verdict.
00:01:03 That's at least the question I have in my mind.
00:01:04 I'm looking at that.
00:01:08 I agree that the answer is yes.
00:01:11 It's probably not a bad question that you've raised, Mr. Campion, but that's not
00:01:19 I don't know that it's essential, but Mr. Bedinger, you're standing.
00:01:23 Do you have a position?
00:01:24 I just didn't want the judge to leave before I could speak.
00:01:27 Mr. Campion raised that earlier.
00:01:29 I agree it's not a problem.
00:01:30 I mean, theoretically, we can point it back to anything, I think.
00:01:35 Generally my I think the best approach is sort of less is more that we respond to their question without trying to guess what else they might need and so I have no problem if the court wants to point it back to that instruction or any other instruction but I'm just not I'm not sure if we want to go past just saying yes and then if they have more questions and want more they can ask for more so Mr. Campion I guess the question for you is are you asking me to
00:02:05 provide an answer beyond the word yes?
00:02:08 I am not, Your Honor.
00:02:08 Thank you.
00:02:09 I just suggested it, but I'm not asking for it.
00:02:12 Mr. Bedinger, you're not asking for it.
00:02:14 It doesn't sound like you're
00:02:17 I'm not strongly opposed to it either.
00:02:19 I'm simply voicing caution as we go forward.
00:02:23 For this question and other questions, I think we'd be best served by limiting our responses to only the question asked unless we have to.
00:02:33 But as Mr. Campion said, if the court wants to direct back to an instruction, I have no problem with it.
00:02:38 Okay.
00:02:39 Well, I appreciate everybody's willingness to cooperate and sort of leave it in my lap.
00:02:46 The correct answer to the question, I agree, is yes.
00:02:50 I want to be consistent in the way we answer questions that come back from them.
00:02:55 They have all of the instructions.
00:02:57 They each were following along as I read the instructions.
00:03:01 The instruction pretty clearly says that they have to have 10 out of the 12 that agree, but it doesn't have to be the same 10 out of 12.
00:03:09 I think they have the answer in the instructions they've been given so I don't see a need at this point to instruct them otherwise because the question doesn't seem to me to be ambiguous at this point so I'm simply going to write the answer yes and sign it today's date 16
00:03:48 And then also simply as a matter for the record I did get shortly after they departed a verbal question to the bailiff We came back in tried to reach each of you on cell phone.
00:04:01 We didn't do it on record So I just want to put this on record as to what I've done The question was simply can they have calculator?
00:04:08 It's a standard request.
00:04:10 I tried to make a phone call, got voicemail.
00:04:13 I elected because it was a standard question, simply to ask my JA to send you each an email alerting you to the question.
00:04:21 She did that.
00:04:21 You each kindly responded and said you had no objection.
00:04:24 I did not take that question in writing.
00:04:28 It was a verbal question from the bailiff.
00:04:31 For the record, that was an earlier question from the jury.
00:04:35 Anything else we need to address, folks?
00:04:37 No, you're on.
00:04:42 Thanks for being back quickly.
00:04:44 Yes, sir.