4.Post-Verdict Motions and Penalty-Phase Planning
20 linesTHE COURT: I told Agent Remion to not recombine the alternates with this group until I directed him to do so. Now, let's discuss our planning for the next re-convention. Thursday morning, is that what's probably going to suit everybody?
RICK HUBBARD: That will suit us, Your Honor.
BOYD YOUNG: For the record, we would renew all our -- we would move for a new trial and renew all our previous motions and objections.
THE COURT: Yes, sir. And those were all the six bases we did before. Certainly, you're protected. Would you like me to go over all them right now --
BOYD YOUNG: No, sir.
THE COURT: -- individually? Respectfully, the jury has reached a verdict, properly submitted evidence for them to consider and they reached unanimous verdicts on all five indictments. Your motion for a new trial is respectfully declined -- or denied on all the bases put forth on the record throughout the State's case, your case and now post-verdict.
BOYD YOUNG: And, of course, we had the motion from today regarding the mistrial.
THE COURT: And renew -- and I think the inquiry the Court -- with the in-camera inquiry with the jurors was sufficient and there was no prejudice and respectfully denied on that basis, also.
BOYD YOUNG: Yes, sir. Thursday morning, yes, sir.
THE COURT: Pardon?
BOYD YOUNG: Thursday morning sounds fine.
THE COURT: Thursday morning sounds good? All right. I have not read your full instructions, but I want to bring all 18 back in and tell them not to discuss the case at all, continue to maintain their oath. Not to monitor or receive any information from any source, news media, internet or otherwise. Continue not talking about the case. Be back in the jury room Thursday morning, 8:45 for us to start at 9:00. That's going to be my basic instruction. Sound okay?
BOYD YOUNG: Yes, sir.
THE COURT: Tell Agent Remion to get the alternates with the 12 and bring them back to the courtroom.
BOYD YOUNG: Your Honor, I understand the Court's jury instruction, I'd just like to make a record about this.
THE COURT: Okay. You got any -- the substance of this, anything particular --
RICK HUBBARD: The last two paragraphs I have issues with, I think it singles out one particular sentence. I think it's fine without the last two paragraphs. It tells everything they need to know.
THE COURT: Okay. You want to be heard on it, Mr. Young? You want to make that record?
BOYD YOUNG: Yes, sir.
THE COURT: This will go back in your motions notebook. The notebook that has every motion made thus far, it's a Court's Exhibit. It will be added as a supplementary additional motion.