Day 17 of Waukesha Parade suspect Darrell Brooks trial: Verdict Watch

[00:00:00] Speaker 1: That she had received an email that the person sending the email had found a post on Justice for Daryl on Reddit, so it's a subreddit, I'm not familiar with how Reddit works, but, and that the thread on the Justice for Daryl Reddit site was claiming to be a member of the jury pool. And I am going to provide the parties with the information that I was given this morning, it's a color copy of the attachment, and the email that was sent, the email was received by the clerk of court at 9:10 a.m., then my clerk received a notification at 9:30 a.m. That the clerk of court wanted to speak with me, you may recall this morning I stepped off the bench for a little bit of time. I read through the information that was provided to me, which was an email, and then the attachment, which is a color print off, looks like the person took a screenshot, and that the anonymous post claimed to be a member of the jury on the case, and here are my thoughts on the trial and on this subreddit. And apparently, again, it's a subreddit called Justice for Daryl, all those, Justice, the number four, and Daryl all, no spaces. I then had contact with Captain Dussault, advised him that this should be investigated, and basically turned over the matter to law enforcement for a full investigation. At this point, or at that point, I made a determination based upon my review of the information that I would not stop what was happening in terms of the trial with the instructions to the jury, and ultimately the closing arguments, and then turning the case over to the jury for deliberations. And, of course, I am concerned about the integrity of these proceedings, and I will take whatever action that I deem appropriate once a full investigation is done. But at this point, there is no, I would say, credible information that this is, in fact, a member of the jury. But I will leave that for law enforcement to determine, and if, of course, if need be, at the conclusion of the case, when the jury reaches a verdict, I certainly will consider whether any questioning of the jurors at that point is warranted. So, that's the information I wanted to provide. Again, copies of this information will be provided to the parties, and there is a full investigation underway by the Sheriff's Department. I have no further information about it at this time. I will not be the judge that will further be reviewing it in terms of any requests related to that investigation. I will simply be handling any requests as relates to this case in particular. And I hope we have the copies for the parties. I will provide those. Go ahead. [00:03:42] Speaker 2: I will make sure you use that first. Go ahead. What is this? [00:03:48] Speaker 1: All I can tell you, sir, is that there is, apparently, on the internet, on a site, or maybe it's an application, I'm not entirely sure, called Reddit. There is a subreddit that is entitled Justice for Daryl, and it was on that subreddit that someone wrote an anonymous post claiming to be one of the jurors. That, of course, would be a violation of the rules that I set up for the jurors, which is why I turned over the information to law enforcement so they could make a full and complete investigation. [00:04:23] Speaker 2: For the record, I accept for value in return for value these documents. I'm confused. At this point, sir, I'm providing the information. [00:04:38] Speaker 1: I trust that the parties will review it, and if a party believes that any request needs to be made of this court, then an appropriate request will be made. But at this point, I'm just advising the parties of the information that I have. And I will add this. I will, of course, it's important that the results of any investigation be turned over to the parties. But that is also my direction, really the only direction I gave to law enforcement is that the results of the investigation be turned over to the parties. [00:05:16] Speaker 2: What's this? Oh, I'm sorry. Go ahead. Was this just found out about this morning? Yes. [00:05:23] Speaker 1: The email that was sent to the clerk of court was received at 9:10 AM. And then that email and the attachment, I'm aware of a second, I will say I'm aware of a second email that was sent to our clerk of court at 10:02 AM. And any, I think there, when we stepped off the bench following the case being given to the jury, I was advised that other emails had been received throughout the court system. And I simply said, obviously that information needs to go to law enforcement. I haven't seen it, haven't reviewed it. Um, but any person who works in the clerk of court's office who has received an email will be, that email about this topic will be forwarded to the sheriff's department. Um, their forensic unit is handling the investigation to my understanding. Attorney Alper, did you have a question or something to state? Yes, your honor. [00:06:28] Speaker 3: I just wanted to state for the record that I have also received similar emails at my office this afternoon. They were sent not to me directly, but to the district attorney's office website. Um, I only wanted to point out that in viewing the content of the posting, well, first of all, all the emails refer to the exact same posting and the language is the exact same in all the postings. Um, in viewing the content of the posting, uh, we questioned the veracity of the posting because it refers to things that, quite frankly, are not true. And, um, also, uh, upon reviewing it, your honor, we came to the conclusion that it does not exhibit any material prejudice against Darrell Brooks that may affect the veracity of any verdict that may be returned in this case. The posting is largely critical of the court and to some extent, uh, the prosecution, but the, the, the nature of the posting is actually in support of Mr. Brooks. That's why it's under a subreddit called justice for Darrell. And I don't believe there's any reasonable reading of this post that would lead someone to believe that it suggests the juror harbors substantial or material prejudice against the defendant. [00:08:03] Speaker 1: Thank you, I appreciate the additional record. [00:08:06] Speaker 2: Can I say something, your honor? Go ahead. Um, just briefly skimming through it. I do want to stay for the record that I have no involvement with this. I'm fairly, really like shocked. Like this even came to light. Um, I will say just by skimming through it, these are definitely things that have been talked about in the court. So we'll have to, I mean, common sense would say that this came from someone that has either been in the court to hear what goes on in the court or a jury member. There's, there's no other way. [00:09:06] Speaker 3: Well, actually the proceedings are live streamed worldwide, your honor, available on YouTube worldwide. So I don't agree with that assessment. [00:09:15] Speaker 2: Well, I mean, it's pretty obvious that this would come from somebody who's actually, I think it's pretty clear. [00:09:30] Speaker 1: Well, I'm leaving it in the hands of law enforcement to do a full and complete investigation. Again, I take the integrity of this process incredibly seriously. And if there were to be a juror who violated the rules, I would take that very seriously. And I will not hesitate to take any action that I deem appropriate. At this time, it is simply being investigated. This was an anonymous post and, um, if either party believes any further action needs to take place as it relates to this particular jury, then I trust they'll file the appropriate request with the court. So with that, uh, the courtroom. Oh, go ahead. I'm sorry. Something else, attorney. A different topic, your honor. [00:10:15] Speaker ?: Oh, sure. [00:10:15] Speaker 3: Go ahead. While we're all together, I just wanted to address exhibits and what the court's procedure would be. We have no objection to any exhibits going back to the jury room. If they are asked for, uh, and precluding the requirement that we all assemble every time a note comes out asking for one exhibit. Um, so as long as we're all here and we have some time, maybe we could discuss that. Uh, I'm willing to discuss that. [00:10:42] Speaker 1: Do you have any position on that, sir? [00:10:46] Speaker 2: Yeah. Um, I would object from the standpoint that, um, I would need to see any exhibit that's being asked about and the relevancy of that exhibit being asked for. I think that's something fair. [00:11:05] Speaker 1: Exhibits that are, that have been received, a relevance objection, um, would no longer be valid because the court has already ruled on the relevance and the admission of the exhibits. The issue is whether it goes back to the jury room. Um, I'll give you a, for example, um, sometimes in a trial, there are medical records that need to be filed in their complete form under the statute, but really maybe only a portion of it would go back to the jury. Or depending on why they were offered and whether there was any medical testimony regarding a diagnosis, for example, could impact that. Sometimes there's privacy issues with an exhibit. If there's a social security number for a witness or something like that. Um, but generally speaking, um, the exhibits have been received, um, and, uh, the jurors can ask to view photographs, written documents. They can even ask to view the videos. The videos would need to be done one of two ways. Either which requires everyone to assemble because we do have the technology to play them directly to the jury room. Um, but that simultaneous with that is it would be played in here. So everyone would be seeing what's being played in the jury room at the same time. So that does require the parties to be in court. Uh, that allows the jury to continue with their deliberations, talk about what they're seeing, et cetera. [00:12:40] Speaker 2: So can the jury see you here now? [00:12:42] Speaker 1: No, no, no. I'm talking about a video. We have the ability to play it directly. There's a TV. I should have said that probably not to you. Why would you know there's a TV in the jury room? Right? So there's a TV monitor in the jury room that is connected to the technology in the courtroom. So whatever is playing here could be a still photograph, could be a document, could be a video. We can play in the jury room at the same time. [00:13:13] Speaker 2: Hmm. [00:13:14] Speaker 1: Um, but as far as other exhibits, um... [00:13:19] Speaker 2: So it would be only the exhibits that's been... Received. Received. Correct. So nothing new. Nothing's gonna come out of the blue and be like, yo, yeah, we're gonna... [00:13:28] Speaker 1: Only what's been received during the trial. If it would be helpful, I can have Madam Clerk give you the printout of the exhibit list that shows everything that's been received, if you would like. [00:13:39] Speaker 2: That's about like 7,500. There's a lot of exhibits, but... [00:13:42] Speaker 1: There's a lot of exhibits. There's a lot of exhibits, but... [00:13:44] Speaker 2: There's a lot of exhibits. [00:13:45] Speaker 1: But I'm willing to have her printed off if you would like it. [00:13:48] Speaker 2: I think it would be helpful just in case of... I'm guessing at some point that will come into play. [00:13:55] Speaker 1: Right. For example, they may come back and say we'd like to see exhibit 15, which is the map, the large big map from the parade row. Okay. Um, they might wanna see the other map. Maybe they wanna look at a video. Um, there's a lot of exhibits, so I'm not gonna, I guess, speculate what they want. Um, sometimes they write notes to us and say we want... They literally list out all the exhibits that they want. Other times they'll say, can we have all the exhibits? So, sometimes parties do stipulate. Um, that's what the state, I think, is trying to get at. Um, so do you have a position on that? If, if the jury requests an exhibit, do you want the court to rule on it individually? Or do you agree that if they request an exhibit, it can be released to them? [00:14:48] Speaker 2: Uh, a rule on it. [00:14:50] Speaker 1: All right. Fair enough. Anything else, Attorney Opper? [00:14:56] Speaker 3: Yes, we had discussed, uh, yesterday, and I'm not trying to get too far ahead of myself here, but, um, what was the time limit that the court wanted to, uh, work off for, uh, giving notice to the parties when the verdict is available? 30 to 60 minutes. [00:15:13] Speaker 1: Okay. [00:15:14] Speaker ?: Thank you. [00:15:15] Speaker 1: So that will depend on when it is, if it's late in the evening versus during the day. Um, and you might be wondering how late will I let them go tonight? Honestly, they've been at our schedule for three weeks. Yep. I will let them dictate how late they want to go tonight. Um, when they tell me that we're done for the evening, they'll come back in. I'll read them the instruction about, uh, they obviously can't deliberate when they're not here. So I'll read through that instruction to them that you can't deliberate. Um, and they would go again where they are being sequestered and then we would reassemble tomorrow morning if that's what is needed. Okay. Thank you. Um, anything else from you, sir? [00:16:04] Speaker 2: Um, yeah. Um, did you talk to the jail, the deputies? I did. [00:16:11] Speaker 1: Thank you for that reminder. Um, the jail has asked that I follow the standard operating procedure, which is to have you in central holding and not up at your cell. But if need be, I'm willing to order that they give you a shower later. Um, if that's helpful, whether it be tonight or tomorrow morning. Okay. So even though you're going to stay close by, um, I'll make sure I'll work with the jail to make sure that you're given that opportunity, um, after we're done for the night. Okay. [00:16:43] Speaker 2: Okay. Yeah. At least let them let me take a shower. [00:16:46] Speaker 1: So there is a question that will be coming out shortly. So don't go anywhere. Okay. [00:16:51] Speaker ?: Don't choke me. [00:16:52] Speaker 2: Judge. What? I said, don't choke me. Choke you. Yeah. Because I'm, you know what I'm about to say. What are you about to say? [00:17:00] Speaker 1: Subject matter jurisdiction. [00:17:01] Speaker 2: You knew I was about to say that. [00:17:03] Speaker 1: Sir, I'm not going to address it. [00:17:04] Speaker 2: I already have. All right. There are requests for three exhibit. [00:17:07] Speaker 1: Um, is that his number? And he signed up, but I do think. He's cold. I meant to call them. It's a signature. I need to know the number to tell the parties who the fourth person is because I'm not going to say the name on the record. Um, they have a request for three exhibits, 15, 5 and 55. Uh, number 11 is the fourth person. [00:17:47] Speaker 2: You said 15, 5 and? 55. [00:17:51] Speaker 1: So I can pull. I was going to say, I don't know. [00:17:59] Speaker 2: I know 15. 15 is the map. [00:18:02] Speaker 1: 15 is the map. [00:18:03] Speaker 2: Yeah. [00:18:04] Speaker 1: Any objection to the map, sir? Yeah. [00:18:07] Speaker 2: I want you to rule on everything. [00:18:10] Speaker 1: I was going to go one by one. So I'll start with exhibit 15, which is the map. What's your position on that, sir? [00:18:23] Speaker 2: Um, my position is, um, at this point, what is the relevancy of the map? I think it's been seen a million times. I know it by heart now. That's probably the only one I know by heart. [00:18:41] Speaker 1: Well, um, what's the state's position? Yes. [00:18:45] Speaker 3: Absolutely. There's no reason not to send that back there, Your Honor. There are 76 counts that they need to work through and to assist them in identifying which victim is which and which group they were with and where they were on the road. Absolutely. There's no reason to hide that from them. It's helpful to them in their deliberation. All right. [00:19:04] Speaker 1: I will send exhibit 15 back to the jury room. It is an exhibit and there really is no reason not to send it back that has been identified by the parties. All right. The next exhibit is exhibit five. That is the photograph of Erica Patterson. [00:19:26] Speaker 2: Oh, I definitely object to that. Um, seeing as how, uh, it was supposedly two incidents, one, one of which didn't even happen, which, uh, the prosecution sent paperwork to acknowledge that it never happened. So, uh, don't even, uh, it's too dicey with that. What, what incident would, would five be referring to? One of which never happened. The battery count. And then one, I don't even know what I'm looking at if I look at five. I don't even know what I'm looking at if I look at five. [00:20:18] Speaker 1: What's the state's position on five? [00:20:22] Speaker 3: Again, judge, there's no legal basis to exclude that from the jury. There's nothing prejudicial. It's a single photograph. I should say overly prejudicial. It's a single photograph of a single person showing the injuries that are alleged to be associated with count 77. It's directly relevant to their deliberations. [00:20:45] Speaker 2: There is no count 77. Count 76. [00:20:47] Speaker 1: 76. You are correct. It is count 76, not 77. [00:20:51] Speaker 2: See why I'm confused? [00:20:53] Speaker ?: Okay. [00:20:54] Speaker 1: Well, there is an amended information and I clearly instruct the jury in 76 counts. Be that as it may, um, I'll find that, uh, it is proper for exhibit five to go back to the jury. And that will be sent to them. Now exhibit 55 is a video. How long is that video? [00:21:11] Speaker ?: Um, 15 seconds. [00:21:11] Speaker 1: So my, uh, inclination and I'll hear from the parties first, but, and then I'll give you my inclination. So any objection to playing for the jury exhibit 55? [00:21:33] Speaker 2: What exactly is in the exhibit 55? I don't, I don't. [00:21:37] Speaker 3: It's a video from Curry Insurance facing eastbound showing the grannies being struck. We can put it up if you want to preview it, Your Honor. [00:21:48] Speaker 1: Go ahead. [00:21:49] Speaker 3: And we are requesting that it be viewed by the jury in their deliberation room. [00:21:56] Speaker 1: Well, I can tell you if I do allow it since I would have to, we'll verify that the technology is working. Um, and then I would play it for them twice through. And we would watch it at the same time as they're viewing it. Theirs is just me in the jury room. But I'll preview it for Mr. Brooks so he can see it first. Well, the state will preview it for me. All right. Your response, sir. [00:22:39] Speaker 2: Um, yeah, I don't object to it, uh, I'm trying to keep this in order. I guess my objection would be, uh, will be hard, it would be hard to say why the jury will, um, request it. I don't know. I'll just let you rule on it. I, um, particularly... There's so many videos. It's kind of like the same video anyway. [00:23:50] Speaker 1: Well, exhibit 55 was received by the court. It's relevant to the, uh, charges in this case. And I will show it to the jury. I will, uh, work with, uh, Theresa and then the jury bailiff, uh, to ensure that the technology is working when it's up and running. Um, I will play that for them, uh, twice through. This is what I have proposed to write on the note back to the jury as it relates to all three. Exhibits 15 and five are attached. Exhibit 55 will be played for the jury two times, hyphen the clip is 15 seconds. Um, and then I will initial that and date it. [00:24:35] Speaker 2: Any reason why we need to be played twice? [00:24:38] Speaker 1: Um, and I just would note that the jury four person wrote yesterday's date. Um, it is the 25th. My date will be indicated. Obviously they didn't get the case until today. So it's just a Scrivener's error on their part, putting the 24th versus the 25th. They don't have their technology with them, so I can't really fault them for that. All right. [00:25:00] Speaker 2: Any reason why you need to be played twice? [00:25:02] Speaker 1: Um, that's my practice. Yeah. At least on short video clips. [00:25:07] Speaker 2: Um, so what about what, what about if they request for a long video? [00:25:11] Speaker 1: Then I'll make a determination then. I find that since we have the new technology, it's easier just to do that and play it twice than to bring them out and for them to say stop and then can you go back and can we watch it again? That's my experience. So I'm really trying to avoid that. So we'll stay out here. Um, and then we'll work to, uh, they'll have to pause their, um, deliberations so we can interrupt them and give them the exhibits and then, uh, make sure the technology is working. So if the state wants to have that ready to go. [00:25:53] Speaker 2: Uh, set for value in return for value to ease document. Sure. [00:25:59] Speaker 1: Thank you. Do you have, um, you know how to do that, right? [00:26:21] Speaker 3: Is there, um, audio with this or is it just video? [00:26:47] Speaker 1: Just video. Okay. Thank you. [00:26:50] Speaker 3: Just video. [00:26:51] Speaker ?: Okay. [00:26:51] Speaker 1: Thank you. [00:26:52] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [00:27:52] Speaker 1: Thank you. [00:28:22] Speaker ?: Thank you. [00:28:52] Speaker 3: Thank you. [00:29:22] Speaker 1: You can turn it off and... Is it off? All right. The video was played twice. We'll wait and see if they have any other questions. [00:29:36] Speaker 2: Your Honor. Yes, sir. About this Reddit, is that how you say it? Reddit? [00:29:42] Speaker 1: That's my understanding. [00:29:47] Speaker 2: This particular person is who the email was sent from, the person at the top of the page? [00:29:54] Speaker 1: Do you have the email that has the 9-10 AM? That's my understanding, yes. [00:30:03] Speaker 2: Were they identified to have any connection with the trial in any way? [00:30:08] Speaker 1: I'm leaving the entire investigation in the hands of the Sheriff's Department. I'm not... I can't answer that. I'm sure they're looking into it, though, because that's a good question. Thank you. [00:30:47] Speaker 4: Thank you. [00:31:17] Speaker 1: All right. I'm going to step off. Obviously, the courtroom remains open, and we'll let you know if there are any additional questions, procedures. [00:31:30] Speaker 2: Subject matter jurisdiction, Your Honor. I decline to address that, sir. Will we be addressing it for the record? [00:31:37] Speaker 4: I wouldn't go too far, because it's something that wants to be important. [00:32:07] Speaker ?: Thank you. Thank you. Thank you. [00:33:37] Speaker 1: Mr. Brooks? [00:34:00] Speaker 2: What's the significance of seeing it as different speeds? Was that in the question? [00:34:08] Speaker 1: They just said, can we see exhibit 55 at 40% speed? Obviously, I don't recall specifically if this video was shown at a reduced speed, but many of the videos were shown at reduced speed during the trial that was allowed. I think it's proper to also show a video clip to the jurors if they request it at reduced speed. So, I'll grant the request. [00:34:39] Speaker 2: What would be the significance? [00:34:41] Speaker 1: The significance is the jury's requesting it, sir. [00:34:45] Speaker 2: I'm saying at that speed. [00:34:48] Speaker 1: That's their request. I can't tell you the significance for them. I don't want to speculate, but I think it's proper, given the technology that we have available and what was done during the trial. So, I will allow it. [00:35:04] Speaker 2: So, why even ask me if I have a position? [00:35:07] Speaker 1: Because that's what I'm required to do, sir. [00:35:10] Speaker 2: But you're not required to address subject matter jurisdiction, which hasn't been proven for the record. I'm not allowed to answer any questions that I ask. [00:35:22] Speaker 1: Mr. Brooks, I'm not going to relitigate your case right now. [00:35:25] Speaker 2: I mean... [00:35:26] Speaker 1: And I've made my decision on subject matter jurisdiction, so your request that I address it once again is denied. [00:35:32] Speaker 2: Of course. Of course it's denied. Of course. Because you can't prove it on record. Come on now. [00:35:39] Speaker 1: I want to make sure you... [00:35:39] Speaker 2: That has yet to be proven. It has to be proven at some point. Or do I got to go through the song and dance to get it proved? [00:35:52] Speaker ?: Are you ready with the board for time? When they are, I'm ready. [00:35:56] Speaker 1: Jury's ready? [00:35:58] Speaker 3: Are we doing it once or twice, Judge? Just once. [00:36:06] Speaker 1: Just once. [00:36:23] Speaker 2: That's 40% speak? Yay? [00:36:28] Speaker ?: Nay? Nay? Nay? Nay? [00:36:29] Speaker 2: The video clip is now ended with the state just confirmed, the speed at which it was just played. [00:36:39] Speaker ?: Yes, 40%, your Honor. Thank you. The video clip is now ended with the state just confirmed, the speed at which it was just played. Yes, 40%, your Honor. Thank you. [00:36:49] Speaker 1: The video clip is now ended with the state just confirmed, the speed at which it was just played. Yes, 40%, your Honor. [00:36:54] Speaker ?: Thank you. [00:36:54] Speaker 1: All right, let me know if there's another question, the court's going to step off, obviously, we'll remain open. Thank you, Mr. President, thank you, Mr. President, thank you, Mr. President. [00:37:41] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [00:52:12] Speaker 1: I'm at 7:47. The four-person provided a question through the bailiff. We request Exhibits 3 and 4. Exhibits 3 and 4 are videos. They are the videos from White Rock, I believe, elementary school, door 1 and door 2. [00:52:39] Speaker 3: Yes. Correct. [00:52:41] Speaker 1: How long are each? Just one second. [00:52:43] Speaker 4: Exhibit 3 is 4 minutes and 14 seconds. And Exhibit 4 is 6 minutes and 58 seconds. Okay. [00:53:06] Speaker ?: Okay. [00:53:06] Speaker 1: My inclination would be to play each one one time since they are a little bit longer and play them one after the other. from the state agreed from the defense injection noted for the record any specific reason sir [00:53:38] Speaker 2: the significance of both videos [00:53:43] Speaker 1: their evidence sir and the jury's requested to look at them so they will be playing them for them we'll do exhibit three first and then exhibit four shortly thereafter [00:54:03] Speaker 2: will you be addressing subject matter jurisdiction on the record [00:54:17] Speaker 1: um no i will not [00:54:20] Speaker 2: is that a judicial determination your honor [00:54:26] Speaker 1: i can't you're asking me is that a tacit agreement your honor all right they are ready the arrow in the middle of it oh we can get rid of that clear annotation is that a tacit agreement your honor go ahead and play exhibit three in its entirety yeah you need you have that one yeah i'm going to do it okay yeah good time you can stop that one they're asking it to be stopped any objection from the state no from the defense no okay [00:55:42] Speaker 4: okay switch to exhibit four [00:55:53] Speaker ?: okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay okay [00:57:24] Speaker 1: okay any objection to stopping that video no all right mr brooks no all right it'll be stopped [00:57:45] Speaker 3: judge for the record this one was stopped at 1 38 do you know what time we stopped it on exhibit okay three 35 seconds okay thank you thank you thank you madam [00:58:01] Speaker 1: i would think you might want to stay close by [00:58:06] Speaker 3: was that a good way we reached the state [00:58:20] Speaker ?: Thank you. Thank you. Thank you. Thank you. [01:00:20] Speaker 1: Thank you. I'd like to be done for the evening and come back tomorrow. So I said they should assemble. We'll get the alternates because they're still sequestered. I'd like to break for the day. I need to basically tell them that because they're breaking for the day, they should not continue their deliberations while sequestered until they're back in the jury room. So I'll read a modified version of Instruction 50. So I'll read a modified version of Instruction 50. Are we on the record? We are on the record. [01:01:54] Speaker 2: So as a matter of jurisdiction? [01:01:56] Speaker 1: I decline to address that further, sir. [01:01:59] Speaker 2: Will they be approved for the record? [01:02:02] Speaker 1: Sir, my earlier decision, I stand behind it. My written decision. [01:02:07] Speaker 2: Your written decision that's not based in any law or fact? [01:02:10] Speaker 1: Hold on. Hold on. [01:02:11] Speaker ?: Hold on. Hold on. [01:02:11] Speaker 1: Hold on. Hold on. Hold on. [01:02:43] Speaker ?: Hold on. Okay. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. [01:03:30] Speaker 4: Hold on. Can you see them? [01:03:32] Speaker 1: I think they're assembling the other alternates. They're in a different place. So you have to get every. Yes. [01:03:41] Speaker 3: We do need them to get the instruction. Yes. [01:03:44] Speaker 2: I thought it was two people that got excused from the jury. Three. [01:03:48] Speaker 1: There were 15. [01:03:50] Speaker 2: Know what I'm saying? I thought it was two from the 16. [01:03:54] Speaker 1: No, only one. [01:03:56] Speaker 2: Well, you did say two. You said one had got excused before and then another one was getting excused. [01:04:03] Speaker 1: No, I only excused one. We've had 15 since the first year was excused. [01:04:09] Speaker 2: So what happened to that second one that had the COVID scare? What happened with that? [01:04:17] Speaker 1: Mr. Brooks, I addressed all of that on the record. I'm not rehashing that now. No need to get in your feelings. [01:04:22] Speaker ?: It's been a long day. I'm tired too. I would agree. [01:04:25] Speaker 2: But I'm not. I'm just letting you know I'm not going to rehash that stuff. I was just, I just thought you said two. You said two on the record. [01:04:32] Speaker 1: You said two on the record. [01:04:39] Speaker 2: I'm just letting you know I'm not going to rehash that stuff. I was just, I just thought you said two. [01:04:43] Speaker ?: You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said two on the record. You said three on the record. [01:05:09] Speaker 4: All rise. [01:05:39] Speaker 1: Thank you. Thank you everyone. Please be seated. The record to reflect I have the 12 jurors who have been deliberating, plus the three alternates who were sequestered in a different jury room. I want to give you kind of a modified instruction from the one that you've heard many, many times throughout this trial. Of course, for the 12 who have already started to deliberate, do not deliberate unless you're in the jury deliberation room, and that will mean from when you are discharged here tonight until you come back tomorrow in the jury deliberation room. Do not discuss this case among yourselves or with anyone else until you are deliberating in the jury room. This order is not limited to face-to-face conversations. It also extends to all forms of electronic communications. Do not use