6.Defense Rests and Defendant's Testimony Decision
55 linesBOYD YOUNG: The Defense rests.
RICK HUBBARD: Your Honor, there is a matter we obviously need to take up.
THE COURT: You want the jury to take a break?
RICK HUBBARD: Yes, sir.
THE COURT: Step in the jury room. Have you back in here in a few minutes.
(WHEREUPON, the jury is excused from the courtroom.)
RICK HUBBARD: Your Honor, the Defendant has not been asked if he wished to speak to the jury and allocate. I thought we were going to do that before they officially rested, but, regardless, this would be a good time.
THE COURT: Okay. I agree. Mr. Jones, we -- go ahead and talk to him, Mr. Young, go ahead. Does the State intend to reply anything?
RICK HUBBARD: No, sir.
THE COURT: I didn't think so. Mr. Young, you've advised your client, as well as the other lawyers, y'all have advised Mr. Jones he has a right to speak with the jury directly?
BOYD YOUNG: Yes, sir.
THE COURT: Y'all have advised him of that?
BOYD YOUNG: Yes, sir.
THE COURT: Has he indicated how he wishes to proceed to that end?
BOYD YOUNG: He does not wish to address the jury.
THE COURT: Mr. Jones, I'll direct it to you. As the Court Officer here, the presiding Judge, advising you you have the absolute right to speak to this jury, to allocute and to ask the jury for mercy. Do you understand that?
TIMOTHY RAY JONES, JR.: Yes, Your Honor.
THE COURT: Do you wish to speak to them?
TIMOTHY RAY JONES, JR.: No, Your Honor.
THE COURT: You're going to allow your lawyers to speak on your behalf?
THE COURT: If you change your mind, will you let me know?
TIMOTHY RAY JONES, JR.: Yes, sir.
THE COURT: Have you had enough time to think about the decision of whether or not to speak to the jury in the sentencing phase?
TIMOTHY RAY JONES, JR.: I've had plenty of time, Your Honor.
THE COURT: And you're freely -- you're making that decision of your own free choice, not influenced by anybody?
THE COURT: It's your decision?
TIMOTHY RAY JONES, JR.: Yes, sir.
THE COURT: You've had enough opportunity to speak with all three of your lawyers regarding that decision?
TIMOTHY RAY JONES, JR.: Yes, sir.
THE COURT: Is that sufficient?
RICK HUBBARD: May we also ask if he wishes to testify? I know that sounds kind of redundant, but it's different between speaking to the jury and testifying as well.
THE COURT: Okay. Let's do that one, too. You have the right to come and testify. Do you understand that?
TIMOTHY RAY JONES, JR.: Yes, Your Honor.
THE COURT: Would you like to testify?
TIMOTHY RAY JONES, JR.: No, Your Honor.
THE COURT: Once the Defense rests, your opportunity then will end. During closing, you have the right to speak at that time, also. Do you understand that?
TIMOTHY RAY JONES, JR.: Yes, Your Honor.
THE COURT: Would you like to testify?
TIMOTHY RAY JONES, JR.: I do not wish to testify.
THE COURT: All right. We'll discuss again tomorrow regarding closing to make certain you have not changed your mind. All right.
RICK HUBBARD: Thank you, Your Honor.
THE COURT: Okay. Do we need the jury back in here?
RICK HUBBARD: I don't believe so unless the Defense has something.
BOYD YOUNG: I just think I need to renew all of our --
THE COURT: I know. We're going to discuss the instructions and everything for tomorrow. What time do y'all want to start? 9:00 o'clock, same time we've been starting?
RICK HUBBARD: Yes, sir, I think that would be fine.
THE COURT: Go get me the jury. You can make your motions now.
BOYD YOUNG: Your Honor, the Defense would renew all of its motions the Defense has made during the guilt and penalty phases of the trial for the purposes of record, relying on all the arguments and citations along with the briefs that we filed to go along with them.
THE COURT: And, respectfully, there's enough to go to the jury on all the issues of guilt or innocence have already been done, as well as hearing the penalty phase. Respectfully, denying your motion. (Whereupon, the jury came into open court at approximately 12:12 p.m.)
THE COURT: All right, folks, the Defense has rested. The State has an opportunity to reply. They will not. We've heard everything we're going to hear. The lawyers will this afternoon kind of prepare for tomorrow. Get back together tomorrow at 9:00. Until that time, still, just like we did in the first phase, don't discuss the case yet. We'll resume at 9:00 o'clock in the morning. Give the attorneys an opportunity to summarize what's going on, their belief. I'll give you my instructions and y'all will deliberate. Until that time, don't talk about the case, don't let anything influence you about the case. Don't take in any information or do any research. I'll instruct you to be consistent with that. With that, see you in the morning. (Whereupon, the jury was excused from the courtroom for the day.)
THE COURT: We will take a lunch break to about 1:15. See y'all in about an hour.
(Whereupon, a lunch break was taken.)
THE COURT: (Whereupon, the Court and Attorneys had in-camera discussions on jury charge.) (Whereupon, the trial will resume the next day at 9:00 a.m.)