00:00I appreciate the fact, Your Honor, that you're allowing us to be heard in public rather than at the sidebar.
00:04The court has an instruction from the foreperson of that juror that's been working for a week now
00:10saying that there's one juror who refuses to listen to the law that you've given him or her on reasonable
00:18doubt.
00:19And I suggest respectfully that the soft instruction that you gave them saying at the sidebar,
00:26can you listen to the law as I instruct you, does not focus on the issue.
00:31The question is not sufficient enough.
00:35It does not allow any foundation for a motion to remove the juror who refuses to accept your instructions on
00:44the law on reasonable doubt.
00:46And if we come back here in a half an hour with a mistrial because of a juror that has
00:52just spurned the instructions of this court,
00:55it's a shame.
00:56It's a real shame.
00:57And that's why I object to the court's ruling.
00:59I request that we have further inquiry.
01:02I request that my motion is to remove this juror that refuses to listen to your instruction on reasonable doubt.
01:09All right.
01:09Colmo.
01:13Thank you, Your Honor.
01:14We have the note from the jury.
01:16There's no way to determine what the deliberations are, who's correct, who's incorrect, nor should we attempt to,
01:23because that's part of deliberations.
01:25I think what Your Honor has done by asking each juror if they're able to follow the law
01:30and then giving a general instruction on reasonable doubt is appropriate under Commonwealth v. Ralph.
01:35So we do not have an objection to what the questions or the re-instruction.
01:42All right.
01:42Well, I'm sure as parties understand, as they say, the discharge of a deliberating juror is a sensitive undertaking.
01:51I was just specifically responding to the specific question that was asked.
01:59I don't feel that it is proper for me to side with one side or the other of the deliberations.
02:07I don't feel it's appropriate for me to say I agree with one juror or 11.
02:13But at this point, I've asked if they are able to follow my instructions of courting.
02:20They swore earlier that they could.
02:22They've said at this point that they can.
02:25That was specifically addressed towards the specific question.
02:31And that's what I'm doing.
02:32So the defendant's objection is noted.
02:36And we will be in recess on this at this time.