11.Verdict-Consequences Instruction Ruling
32 linesTHE COURT: Okay. Now, what about, I think I had left an issue unresolved and I would like to address it and it was regarding what instructions will be given to the jury regarding the verdict form and the result of each verdicts. So I want to address that if y'all don't mind.
BOYD YOUNG: Not at all.
THE COURT: All right. This is what, I will let y'all comment on that. I know y'all's respective positions have changed but I studied all the cases that I could find, Poindexter reference, everything on that. I am going to be very consistent and firm in instructions to the jury, this is kind of what I have gotten written down. Y'all can make comments on it but something along the lines that the lawyers are going to not be allowed to present to you on any consequences of any of the four verdicts. The function of the jury is to determine whether the Defendant is guilty or not guilty. Consequences of the verdict are in no way determining guilt or innocence. That is consistent with Poindexter and all the cases that it supports. I think that the jury needs to know that, I may tell them that if y'all don't mind. In the opening, that is not going to be something they are going to be presented on. So, that is what I intend to instruct if the question comes up. All right.
BOYD YOUNG: Yes, sir. We would object to the instruction and request that the statute be charged.
THE COURT: Okay. And you have been consistent on that so that, you have got a good record on that. You can remake it, renew it then.
BOYD YOUNG: I can tell the Court, there will be times during witnesses testimony where and we will be very careful to alert the Court that at this point and time we would like to proffer some testimony and maybe we would have to send the jury just to take some testimony about what does happen.
THE COURT: I think that would be the appropriate way to manage it. Okay. What else we got outstanding. And I told the media regarding the audio/video of the testimony of the extent in the morning, that that was not to be published, tweeted because until he testifies, that is when it comes into the trial. So they may be in here and help us record it but it is not going to be reported on other than maybe a witness was presented in audio/video and it will be preserved. Something like that. We can do that. None of the subject matter of the testimony will not be published ahead of time, out of order. So that is on the shelf, free game if it gets published during trial, if y'all don't use it then it is up to you.
BOYD YOUNG: Yes, sir. I guess I need to check with the media personnel, they assured me that that is something that they can do, they would be ready to do.
THE COURT: I will help you with that. We talked about that exact issue in the media meeting. They want to use that testimony and presentation as a sound check and audio check, everything. So they are counting on it being in here so they can verify their equipment is working like they want it because the jury won't be here and it will give them a good opportunity to do that. So the answer is yes.
BOYD YOUNG: Thank you.
THE COURT: And I thought that was helpful. They were actually glad to have that chance to work with somebody.
BOYD YOUNG: And it is going to be, there is a brief and I think it is eight slide, power point that goes with it so we will see how it all works together.
THE COURT: I think, that also would be helpful to them managing their equipment and the logistics and everything. So they are counting on it.
BOYD YOUNG: Okay.
THE COURT: So, yes, they will be here ready to go at 8:30.
BOYD YOUNG: Thank you.
THE COURT: Anything else, Solicitor.
RICK HUBBARD: Just following up what Mr. Young said, the slides. We just want to make sure we know that those are.
THE COURT: Okay. Now, do y'all want me in here when that testimony is going on or not. Joy is going to take the transcript down and already have it done. So she is going to transcribe it. It is going to audio/video for the jury. She is going to sit here and listen to it and take it down as it comes so she has it done.
BOYD YOUNG: We want to do it in here.
THE COURT: Do you want me in here?
BOYD YOUNG: Yes, sir.
RICK HUBBARD: Yes, sir.
THE COURT: I thought you did because if an objection comes up.
BOYD YOUNG: Yes, sir.
THE COURT: I will be here. I was thinking you did. That works good, all the above as far as coordinating that and it helps the media folks in the back and they have been very appreciative of us coordinating with them. So far the media has been an absolute pleasure, they are coordinating with each other and Captain Myrick has done a good job of heading that up. The media meeting went real well.
RICK HUBBARD: Your Honor, that does bring up something, we have got Captain Myrick on our witness list, not as a fact witness but just something that I don't think his presence is going to have any impact on. But not as a fact witness. I don't even know if he was here at the time this happened. Just wanted to let Your Honor know.
THE COURT: Okay. Got anything else for me take this afternoon.
BOYD YOUNG: Yes, sir.
THE COURT: All right. Mr. Secor.
CASEY SECOR: May I approach just to make this a little bit easier.
THE COURT: Absolutely.