SAN DIEGO, CALIFORNIA, WEDNESDAY, SEPTEMBER 4, 2002, 9:20 A.M.
Penalty phase September 4TH 2002 – 1
Neal Westerfield (Westerfield’s son), Lisa Westerfield (Westerfield’s daughter)
–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
THE COURT: ALL RIGHT. IN THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF COUNSEL AS WELL AS MR. WESTERFIELD. MEMBERS OF THE PUBLIC AND PRESS ARE NOW IN THE COURTROOM.
LADIES AND GENTLEMEN OF THE MEDIA AND THE PUBLIC, THE REASON THAT THE COURT IS LATE IN STARTING THIS MORNING IS THAT IN CLOSED SESSION THE COURT HAD TO DEAL WITH ISSUES CONCERNING TWO JURORS WHO WILL NOT BE IDENTIFIED AT THIS TIME. BUT THAT IS THE REASON WE WERE IN CLOSED SESSION FOR ANY OF YOU THAT ARE INTERESTED.
ALL RIGHT. MIKE, LET’S GET THE JURY AND GET STARTED.
THE BAILIFF: YES, YOUR HONOR.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: GOOD MORNING, LADIES AND GENTLEMEN. WELCOME BACK. I APOLOGIZE FOR THE DELAY IN GETTING STARTED.
IT SURE IS HARD BEING A PADRE FAN AT THIS TIME OF YEAR, ISN’T IT. ANYWAY, AT LEAST THE SEASON IS ON THE DOWNHILL SLIDE IN MORE WAYS THAN ONE.
ALL RIGHT. MR. FELDMAN.
MR. FELDMAN: YOUR HONOR, NEAL WESTERFIELD.
BUT LAST TIME YOUR HONOR INDICATED THE CAMERAS UP. WE ASK THAT, PLEASE.
THE COURT: ALL RIGHT. THERE’S BEEN A REQUEST THIS NOT BE FILMED. THANK YOU. NEAL WESTERFIELD,
CALLED AS A WITNESS BY THE DEFENDANT, PREVIOUSLY HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE COURT: MR. WESTERFIELD, I JUST WANT TO REMIND YOU YOU ARE STILL UNDER OATH.
THE WITNESS: THANK YOU.
THE COURT: ALL RIGHT. DIRECT EXAMINATION BY MR. FELDMAN:
Q.:GOOD MORNING.
A.:GOOD MORNING.
Q.:YOUR DAD’S OVER HERE, RIGHT?
A.:YES.
Q.:CAN YOU TELL US A LITTLE BIT ABOUT THINGS YOUR FATHER’S TAUGHT YOU.
A.:HE TAUGHT ME WHAT TO DO, WHEN TO DO IT. HE’S TAUGHT ME HOW TO RESPECT PEOPLE. HE’S TAUGHT ME ACADEMIC THINGS BEYOND THAT.
Q.:TEACH YOU HOW TO RIDE A BIKE?
A.:YES.
Q.:ABOUT CAMPING?
A.:YES.
Q.:HOW TO DRIVE A CAR?
A.:YES.
Q.:PLAY GAMES WITH YOU?
A.:YES.
Q.:PLAY SPORTS WITH YOU?
A.:YES.
Q.:WOULD YOU GARDEN WITH HIM?
A.:YES.
Q.:AND WOULD HE HAVE YOU DO, I DON’T KNOW, FORMS OF DESIGN WORK FOR HIM?
A.:YES. DESIGN WORK.
Q.:PARDON ME?
A.:YES.
Q.:BEFORE YOUR DAD WAS ARRESTED, WERE YOU WORKING FOR HIM; WERE YOU DOING ANY PARTICULAR ENGINEERING-TYPE WORK OR COMPUTER WORK FOR HIM?
A.:HE WOULD GIVE ME PARTS TO EITHER DESIGN OR MAKE INTO 3-D OBJECTS.
Q.:AND WOULD YOU GET PAID FOR THAT?
A.:YES.
Q.:WHAT DO YOU REMEMBER BEST ABOUT YOUR FATHER?
A.:PROBABLY LAYING OUT BY THE POOL PLAYING CHESS.
Q.:DID YOUR DAD GO TO YOUR HIGH SCHOOL GRADUATION?
A.:YES.
Q.:SHOWING YOU WHAT’S BEEN MARKED 243. I WANT TO BE ABLE TO LET THE JURY SEE IT. OKAY. CAN YOU TELL THE JURY WHAT IS THIS, PLEASE.
A.:THAT IS THE AFTERNOON OF MY HIGH SCHOOL GRADUATION. (PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 243 FOR
IDENTIFICATION.)
BY MR. FELDMAN:
Q.:WHERE DID YOU GRADUATE?
A.:POWAY HIGH.
Q.:WHEN WAS THIS PICTURE TAKEN?
A.:THAT WAS THE SPRING OF 2001.
Q.:YOU WOULD GO HIKING OR CAMPING OR FISHING WITH YOUR DAD?
A.:YES.
Q.:I WOULD LIKE TO DIRECT YOUR ATTENTION TO 244.
A.:M-HM.
Q.:CAN YOU TELL US, PLEASE, WHAT’S THIS.
A.:I BELIEVE THAT’S WHEN WE TOOK A TRIP OUT TO — THAT WAS THE WEEKEND OR THE WEEK I BELIEVE THAT WE WENT OUT TO THE GRAND CANYON.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 244 FOR IDENTIFICATION.)
BY MR. FELDMAN:
Q.:WHO IS IN THE PICTURE?
A.:THAT’S MY SISTER, MYSELF, AND MY FATHER.
Q.:WHAT DID YOUR DAD SAY ABOUT THE DIVORCE?
A.:EXCUSE ME?
Q.:DID YOUR FATHER TALK TO YOU ABOUT HIS DIVORCE FROM YOUR MOM?
A.:YES.
Q.:WHAT WAS HIS EMOTIONAL STATE?
A.:DISTRAUGHT.
Q.:WAS HE CRYING?
A.:YES.
Q.:WITH REGARD TO YOUR RELATIONSHIP WITH YOUR DAD AFTER THE DIVORCE, DID YOU STILL WANT TO LIVE WITH HIM?
A.:YES.
Q.:THIS IS HARD I KNOW.
DID YOU CONTINUE TO LIVE WITH HIM?
A.:YES.
Q.:DID YOU WORK SOME KIND OF ARRANGEMENT OUT BETWEEN YOUR MOM AND YOUR DAD ABOUT HOW YOU WOULD LIVE?
A.:YES.
Q.:CAN YOU TELL US WHAT THAT WAS, PLEASE.
A.:EVERY TWO WEEKS WE WOULD SWITCH FROM HOUSE TO HOUSE.
Q.:AND FROM ABOUT WHAT TIME? YOUR AGE, IN OTHER WORDS.
A.:FROM THE DIVORCE UP UNTIL NOW OR UP UNTIL HIS ARREST.
Q.:DO YOU STILL LOVE YOUR FATHER?
A.:YES.
Q.:HAVE YOU VISITED HIM IN THE JAIL?
A.:YES.
Q.:REGULARLY?
A.:YES.
Q.:DOES IT MATTER TO YOU WHAT HAPPENS TO HIM HERE?
A.:YES.
Q.:YOU’RE A STUDENT AT SAN DIEGO STATE NOW, AREN’T YOU?
A.:YES.
Q.:WHEN DO YOU GRADUATE?
A.:I HOPE TO GRADUATE IN 2005.
Q.:YOU MISS NOT HAVING YOUR DAD THERE?
A.:YES.
Q.:PLAN TO GET MARRIED SOME DAY?
A.:YES.
Q.:MISS HAVING YOUR DAD THERE?
A.:YES.
Q.:PLAN TO HAVE KIDS SOME DAY?
A.:YES.
Q.:MISS HAVING YOUR DAD THERE AS A GRANDFATHER?
A.:YES.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION
BY MR. DUSEK:
Q.:DID YOU SPEAK WITH YOUR MOM ABOUT THE DIVORCE?
A.:YES.
Q.:DID SHE TELL YOU WHY IT HAPPENED?
A.:NO.
Q.:REGARDING THE LIVING ARRANGEMENTS AFTER THEY SPLIT UP, YOU LIVED WITH YOUR FATHER FOR TWO WEEKS AT A TIME, IS THAT RIGHT?
A.:CORRECT.
Q.:HOW ABOUT YOUR SISTER; DID SHE DO THAT?
A.:YES.
Q.:THE ENTIRE TIME?
A.:NO.
Q.:WHEN DID SHE QUIT LIVING WITH HER FATHER?
A.:WHEN SHE GRADUATED FROM HIGH SCHOOL AND WENT TO COLLEGE I BELIEVE.
Q.:HOW LONG AGO WOULD THAT BE?
A.:TWO YEARS. MAYBE THREE.
Q.:WAS SHE LIVING AT HOME WHEN SHE WAS IN COLLEGE?
A.:YES.
Q.:SO SHE CHOSE TO LIVE WITH HER MOTHER?
A.:YES.
Q.:WHEN’S YOUR BIRTHDAY, NEAL?
A.:JULY 25TH.
Q.:JUST HAD IT?
A.:YES.
Q.:DID YOU GET A CARD FROM YOUR DAD?
A.:NO.
Q.:DID HE ASK YOU TO COME BY AND SEE HIM FOR YOUR BIRTHDAY?
A.:YES.
Q.:DID YOU?
A.:YES.
Q.:WHEN?
A.:I DON’T REMEMBER THE DATE.
Q.:IT WASN’T ON YOUR BIRTHDAY?
A.:I DON’T REMEMBER.
Q.:YOU WERE ASKED WHAT YOUR FATHER HAD TAUGHT YOU AND LISTED SOME THINGS. DID YOUR FATHER TEACH YOU THAT YOU SHOULD TAKE RESPONSIBILITY FOR YOUR ACTIONS?
A.:YES.
Q.:HOW LONG HAS HE TAUGHT YOU THAT?
A.:EXCUSE ME?
Q.:HOW LONG HAS HE TAUGHT YOU THAT LESSON?
A.:I DON’T KNOW HOW TO ANSWER THAT QUESTION.
Q.:DID HE EVER TEACH YOU THAT YOU SHOULD TRY TO BLAME SOMEONE ELSE FOR YOUR MISDEEDS?
A.:NO.
Q.:DID YOU SPEAK WITH HIM EITHER BEFORE OR AFTER YOU WERE BLAMED FOR THE PORN.?
MR. FELDMAN: YOUR HONOR, OBJECTION. MISSTATES THE EVIDENCE. ARGUMENTATIVE. REQUEST FOR AN ADMONITION.
THE COURT: OVERRULED.
AS TO THE LATTER PORTION, SUSTAIN THE OBJECTION.
NEXT QUESTION.
BY MR. DUSEK:
Q.:DID YOU EVER SPEAK WITH HIM ABOUT THAT ASPECT OF THE CASE?
MR. FELDMAN: IRRELEVANT. OBJECTION.
THE COURT: SUSTAINED.
MR. DUSEK: NOTHING FURTHER.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?
MR. FELDMAN: THANK YOU. NO.
THE COURT: ALL RIGHT.
IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: YES, YOUR HONOR.
THE COURT: ALL RIGHT.
SIR, YOUR TIME WITH US IS DONE. YOU ARE FREE TO REMAIN IN THE COURTROOM IF YOU SO ELECT. YOU’RE FREE TO LEAVE IF YOU DESIRE. REMEMBER YOU’RE STILL UNDER AN ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED. OKAY?
THE WITNESS: YES.
THE COURT: ALL RIGHT. THANK YOU VERY MUCH.
(THE WITNESS WAS EXCUSED.)
MR. FELDMAN: LISA WESTERFIELD, YOUR HONOR.
THE COURT: ALL RIGHT.
DOES THIS WITNESS DESIRE ANONYMITY?
MR. FELDMAN: YES. NO CAMERAS, PLEASE.
THE COURT: ALL RIGHT.
THANK YOU VERY MUCH. NO FILMING. LISA WESTERFIELD,
CALLED AS A WITNESS BY THE DEFENDANT, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: WOULD YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: LISA WESTERFIELD. L-I-S-A
W-E-S-T-E-R-F-I-E-L-D. DIRECT EXAMINATION
BY MR. FELDMAN:
Q.:YOU KNOW THE MAN TO MY RIGHT?
A.:YES.
Q.:HE’S YOUR DAD, IS THAT RIGHT?
A.:YES.
Q.:CAN YOU TELL US WHAT SORT OF THINGS HAVE YOU DONE WITH YOUR DAD AS YOU HAVE GROWN UP?
A.:WE’VE GONE CAMPING AND HE’S TAKEN ME TO LIKE SPORTING EVENTS. AND —
Q.:ARE YOU A LITTLE NERVOUS?
A.:YEAH.
Q.:HAVE BARBECUES?
A.:YEAH.
Q DID YOU PLAY SOFTBALL AS YOU WERE GROWING UP?
A.:YES.
Q.:DID HE PARTICIPATE IN THAT AT ALL?
A.:HE COACHED ONE SEASON.
Q.:WITH REGARD TO YOUR SCHOOLING, DID YOU GRADUATE HIGH SCHOOL?
A.:YES.
Q.:DID HE ATTEND YOUR HIGH SCHOOL GRADUATION?
A.:YES, HE DID.
Q.:SHOWING YOU WHAT’S BEEN MARKED 245. I NEED TO ALSO — I WANT YOU TO SEE IT, BUT I NEED TO TURN IT AROUND.
A.:M-HM.
(PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 245 FOR IDENTIFICATION.)
BY MR. FELDMAN:
Q.:CAN YOU TELL THE JURY, PLEASE, WHAT’S 245.
A.:IT’S A PICTURE AFTER MY GRADUATION CEREMONY.
Q.:IT’S A PICTURE OF YOUR MOM AND YOUR DAD AND YOU IN THE MIDDLE?
A.:YES.
Q.:I’M SORRY. WHEN DID YOU GRADUATE HIGH SCHOOL?
A.:’99.
Q.:THIS IS AFTER THE DIVORCE?
A.:YES.
Q.:IT SAYS ’94 IN THERE. IS THAT —
A.:IT MUST HAVE BEEN WRONG ON THE —
Q.:ON THE FILM?
A.:— ON THE FILM.
Q.:OKAY. WOULD YOUR DAD RAISE BIRDS?
A.:YES.
Q.:CAN YOU TELL US A LITTLE BIT ABOUT THAT.
A.:WE HAD AN AVIARY OUTSIDE THE HOUSE, AND WE HAD COCKATIELS, PARAKEETS, AND FINCHES. AND MY BROTHER AND I WOULD TAKE CARE OF THEM. THEY WERE OUR RESPONSIBILITIES TO FEED THEM AND GIVE THEM WATER.
Q.:WOULD YOUR DAD TAKE YOU OUT TO DINNER?
A.:YEAH.
Q.:TAKE YOU TO THE MOVIES?
A.:YES.
Q.:DO THE SORT OF THINGS DADS DO WITH DAUGHTERS?
A.:YES.
Q.:WAS HE GOOD TO YOU AND YOUR FRIENDS?
A.:YEAH. HE ALWAYS INVITED THEM OVER.
Q.:WAS HE EASY FOR YOU TO TALK TO FOR THE MOST PART?
A.:YES.
Q.:THERE WERE SOME TIMES THAT MAYBE IT WAS MORE DIFFICULT THAN OTHERS?
A.:YES.
Q.:WHAT DID HE TELL YOU WAS IMPORTANT IN LIFE?
A.:SCHOOLING AND BEING RESPONSIBLE AT YOUR JOB.
Q.:RESPECT FOR YOURSELF?
A.:YES.
Q.:RESPECT FOR OTHERS?
A.:YES.
Q.:STILL LOVE YOUR FATHER?
A.:YES.
Q.:DO YOU MISS HIM?
A.:YES.
Q.:HAVE YOU VISITED HIM IN JAIL?
A.:YES.
Q.:DO YOU WANT TO WAIT A SECOND?
DOES IT MATTER TO YOU WHAT HAPPENS TO YOUR DAD IN THESE PROCEEDINGS?
A.:YES.
Q.:ARE YOU PLANNING TO GRADUATE COLLEGE?
A.:YES.
Q.:WILL YOU MISS HAVING HIM AT YOUR COLLEGE GRADUATION?
A.:YEAH.
Q.:ARE YOU PLANNING TO GET MARRIED?
A.:YES.
Q.:DO YOU MISS HAVING HIM AT YOUR WEDDING?
A.:YES.
Q.:PLANNING TO HAVE KIDS?
A.:YEAH.
Q.:WILL YOU MISS HAVING HIM BEING THE GRANDFATHER OF YOUR KIDS?
A.:YES.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION. CROSS-EXAMINATION BY MR. DUSEK:
Q.:READY?
A.:YEAH.
Q.:YOU PLAYED SOFTBALL?
A.:YES.
Q.:WHAT DID YOU PLAY?
A.:THIRD BASE.
Q.:HOW LONG?
A.:TEN YEARS.
Q.:WHAT YEARS?
A.:I STARTED WHEN I WAS FIVE, AND I ENDED MY FRESHMAN YEAR IN HIGH SCHOOL.
Q.:SO YOU STARTED WHEN YOU WERE FIVE. IS THAT T-BALL OR SOMETHING LIKE THAT?
A.:T-BALL, YES.
Q.:DID YOU GET TO BE ANY GOOD?
A.:I WAS PRETTY GOOD.
Q.:ALL RIGHT.
‘CAUSE YOU GOT TO PRACTICE AT IT OVER THE YEARS?
A.:YEAH.
Q.:DID YOUR DAD HELP YOU PRACTICE?
A.:YES.
Q.:LIKE WHAT DID HE DO?
A.:HE TOOK US TO THE PARK, AND HE WOULD HIT GROUND BALLS TOWARDS US.
Q.:ALL RIGHT.
DID YOUR MOM DO THAT, TOO?
A.:NOT AS MUCH.
Q.:YOUR DAD COULD HIT BETTER GROUND BALLS?
A.:YES.
Q.:DID THAT SEEM TO BE SOMETHING HE ENJOYED DOING WITH YOU?
A.:YES.
Q.:ALL RIGHT.
BECAUSE OF WHAT’S HAPPENED HERE, HAVE YOU HAD TO GO TO COUNSELING?
A.:YES.
Q.:YOUR BROTHER ALSO?
A.:YES.
Q.:WHEN THIS HAPPENED, WHEN YOUR FATHER WAS ARRESTED, HOW LONG HAD IT BEEN SINCE YOU LIVED WITH HIM?
A.:A COUPLE YEARS. I’M NOT SURE.
Q.:ABOUT HOW OLD WERE YOU WHEN YOU STOPPED LIVING WITH HIM?
A.:SIXTEEN.
Q.:HOW OLD ARE YOU NOW?
A.:TWENTY-ONE.
Q.:AND WHEN YOU STOPPED LIVING WITH HIM, YOU LIVED FULL TIME WITH YOUR MOTHER?
A.:YES.
Q.:THEY BOTH LIVE IN POWAY?
A.:YES.
Q.:CAN YOU WALK FROM HOUSE TO HOUSE OR DO YOU HAVE TO DRIVE?
A.:I COULD, BUT IT’S A LONG WAY.
Q.:YOU DON’T HAVE THAT MUCH TIME, HUH?
A.:YEAH.
Q.:WHEN WAS YOUR BIRTHDAY?
A.:APRIL 10TH.
Q.:DID YOUR DAD SEND YOU A BIRTHDAY CARD?
A.:YES.
Q.:SO HE WAS ABLE TO DO THAT?
A.:YES.
MR. DUSEK: THANK YOU, MA’AM.
THE COURT: ALL RIGHT.
ANYTHING FURTHER?
MR. FELDMAN: JUST BRIEFLY. REDIRECT EXAMINATION BY MR. FELDMAN:
Q.:YOU WOULD VISIT YOUR DAD AFTER YOU MOVED OUT?
A.:YES.
Q.:YOU WOULD VISIT HIM REGULARLY?
A.:YES.
Q.:I’M SORRY. DID HE HELP YOU BUY A CAR?
A.:YES.
Q.:AND IS HE HELPING OR WAS HE HELPING TO PAY FOR YOUR SCHOOLING?
A.:YES.
MR. FELDMAN: THANK YOU.
NO FURTHER.
THE COURT: ANYTHING FURTHER?
MR. DUSEK: NO, THANK YOU.
THE COURT: IS THIS WITNESS TO BE EXCUSED?
MR. FELDMAN: YES, YOUR HONOR.
THE COURT: MA’AM, I’M NOT SURE THERE’S A COURTROOM SEAT AVAILABLE, BUT YOU ARE FREE TO LEAVE OR YOU CAN REMAIN IN THE COURTROOM AS YOU DESIRE.
PLEASE KEEP IN MIND THAT YOU ARE NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS COMPLETED. OKAY?
THE WITNESS: OKAY.
THE COURT: THANK YOU FOR COMING IN.
(THE WITNESS WAS EXCUSED.)
THE COURT: MR. FELDMAN.
MR. FELDMAN: DEFENSE RESTS.
THE COURT: ALL RIGHT.
SUBJECT TO RECEIPT OF THE REMAINING THREE EXHIBITS. ANY OBJECTION TO THOSE THREE EXHIBITS?
MR. DUSEK: NO, YOUR HONOR.
THE COURT: ALL RIGHT. THOSE WILL BE ADMITTED.
(TRIAL EXHIBITS NUMBERS 243, 244, AND 245 FOR
IDENTIFICATION RECEIVED IN EVIDENCE.)
THE COURT: ANY REBUTTAL BY THE PEOPLE?
MR. DUSEK: NO, YOUR HONOR.
THE COURT: ALL RIGHT.
ALL RIGHT, LADIES AND GENTLEMEN, YOU’VE NOW HEARD ALL OF THE PENALTY-PHASE EVIDENCE. WHAT REMAINS OF THIS PHASE OF THE TRIAL ARE THE TWO CONCLUDING PARTS. NUMBER ONE, THE LAW THAT IS APPLICABLE TO A PENALTY PHASE, AND NUMBER TWO, THE ARGUMENTS OF COUNSEL.
THE ATTORNEYS AND I HAVE AGREED THAT WHEN WE REACHED THIS POINT WE WOULD TAKE A SHORT BREAK BECAUSE THIS IS THE WAY THE BALANCE OF THE MORNING IS GOING TO PLAY OUT. AS SOON AS WE TAKE THIS BREAK, I’M GOING TO GIVE YOU THE LAW. UNLIKE THE FIRST PHASE OF THE TRIAL WHERE THOSE INSTRUCTIONS WERE APPROXIMATELY AN HOUR IN LENGTH, I’M ANTICIPATING THESE INSTRUCTIONS WILL ONLY TAKE FIFTEEN TO TWENTY MINUTES BECAUSE THEY FOCUS SPECIFICALLY ON THE JOB YOU HAVE AT THIS TIME.
WE ARE THEN IMMEDIATELY GOING TO GO INTO THE PEOPLE’S ARGUMENT. THEY WILL HAVE THEIR ARGUMENT. DEPENDING ON HOW LONG THAT IS AND IN ANTICIPATION THAT IT MAY TAKE SOME TIME, AS SOON AS THE PEOPLE HAVE CONCLUDED THEIR ARGUMENT, WE’LL BE TAKING A BREAK. YOU WILL THEN HEAR THE DEFENSE’ ARGUMENT. UNLIKE THE FIRST PHASE, THE GUILT PHASE, EACH SIDE WILL HAVE ONE OPPORTUNITY TO DISCUSS THE MATTER WITH YOU. AND THEN YOU’LL BE IN DELIBERATION SOME TIME TODAY.
AND I WILL HAVE INSTRUCTIONS, AS I DID BEFORE, FOR OUR SIX ALTERNATES.
AT THIS TIME, THEN, WE’RE GOING TO TAKE A SHORT RECESS.
PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY NOR FORM OR EXPRESS ANY OPINIONS ON THIS CASE UNTIL IT IS SUBMITTED TO YOU.
I’M HOPEFUL THAT ABOUT TEN MINUTES OUGHT TO DO IT. SO PLEASE BE OUTSIDE THE DOOR AT 10:50. 9:50, EXCUSE ME. I LOST TRACK. IT’S 9:50. 9:55. WE WILL SEE YOU IN TEN MINUTES.
(RECESS, 9:45 O’CLOCK, A.M., TO 9:55 O’CLOCK, A.M.)