Colorado Movie Theater Trial - Deliberation Day 1

9:48am:

I was surprised to see the judge and lawyers arriving in court less than an hour after the jury started deliberating today.  Turns out the jury had a request that the judge needed to speak about in open court.  The jury asked for a white board!  Obviously neither side had a problem with this, so they're going to get a white board.

There was also an oral request from the alternates asking if they're able to have access to a fax machine.  Apparently at least one of them is attempting to do work while they're waiting, which is a great idea.  The judge did mention that they do have access to their phones and other electronic devices, so both sides were fine with them getting access to a fax machine.

Now they're talking about other small items including jury instructions for the sentencing phase of the trial.  Both sides have several things they want to talk about with regards to those instructions.  The judge did mention that the point is moot if there isn't a guilty verdict.  I think the lawyers are just thinking ahead, but it is funny that the defense has so many things they want to talk about regarding sentencing!

11:25am:

They're back!  The jury has asked if there is some sort of way to look up specific pieces of evidence to make things easier.  The judge actually mentioned this before.  There is no index or guide of the evidence.  He explained that the reason they don't do a guide is because it would have to contain a description of each item and there would probably be arguments over what the description says.  The judge wrote a response that simply says one does not exist, and both sides agreed on that response.

You'd think they could create an index with each item number and description, but the description could be created by a third party to only describe the item in general terms - i.e. CD-ROM of videos from Dr. Reid, Shotgun Shell, Gas Mask, etc.  But not go any further.  But I guess they can't or won't do that.

1:54pm:

Another two questions.

(1) Instruction #22, the jury believes this item is more informative and not instructive and want to confirm what the instruction was, if there was one.
(2) The jury asked if the reports and notes from the four main doctors were submitted into evidence.

The judge's response to question 1 is to confirm it is more information than instructive, and that it's the theory of the defendant's side of the case.  The judge's response to question 2 says that all evidence has been provided to them except for live ammunition - but I missed if he actually stated yes or no to their inquiry about the specific reports and notes.

Both sides are reviewing the questions and proposed answers.  Both sides agreed with the judge's response to the 2nd question.  The defence didn't like the wording of the answer for the first question, but the judge is leaving it as is.

And ... they're done.

3pm: I'm done updating for the day.  Obviously there's no verdict yet.