7.Death-Penalty Clarification and Curative Instruction
33 linesTHE COURT: Ms. Penza, we've reached lunchtime, so why don't we take our lunch break now --
MS. PENZA: Yes, Your Honor.
THE COURT: -- and continue after lunch. We will take a one-hour lunch.
All rise for the jury.
(Jury exits.)
THE COURT: Please remain standing.
Everyone may be seated.
I'm going to remind the witness not to discuss her testimony with anyone and you are excused until 2:00 p.m.
THE COURT: You may leave the room.
(Witness excused.)
THE COURT: About how much more do you have for this witness?
MS. PENZA: A couple hours, Your Honor.
THE COURT: Couple of hours?
MS. PENZA: Yes.
THE COURT: All right. We'll take a one-hour lunch break. Thank you.
(A recess in the proceedings was taken.)
A F T E R N O O N S E S S I O N
(In open court; jury not present.)
THE COURT: All right, we will wait for the defendant.
(Defendant enters the courtroom at 2:09 p.m.)
THE COURT: All right, you may be seated.
I just want to bring up one issue that -- Mr. Agnifilo, you mentioned in passing in your opening that the -- that Mr. Raniere is on trial for his life and he's not on trial for his life because, if he were on trial for his life, that would be a death penalty case and this is not a death penalty case. Do you understand? He may be on trial for a lot of things, but it's not a death penalty case, so I don't want any misimpression on the part of the jury. And this may have been hyperbole, but I think I have a duty to tell the jury that the death penalty is not a potential penalty in this case.
MR. AGNIFILO: Well, what I was referring to is the very real possibility, as has been discussed on the record, of life in prison.
THE COURT: You can say that. That's another thing you could have said, you know, "and he could spend his life in prison if he's convicted of all the crimes," or whatever it is you think would be the penalty, but he's not on trial for his life. I've tried three death penalty cases and it took me seven weeks to pick a jury in each one of them and this is not one of them and that's why it didn't take us seven weeks to pick the jury, so you have to be careful about these things. I don't want any misimpression on the part of jurors that they have now been thrust into a death penalty case, which they have not, and that's really my problem. I will try to be as delicate as I can, but I just think I have an obligation to the jurors so they don't go home tonight and think they are now on a death penalty case. So, I mean, that's just the way it is. If there's some way you think I ought to say this that would be less injurious to your position, tell me what that is because I'm going to say something.
MR. AGNIFILO: I'm thinking.
THE COURT: Well, okay, everyone may be seated. Let's call in the witness.
(Witness resumes the stand.)
THE COURT: I believe that our audio problem has been resolved for the overflow room.
You may be seated, ma'am, for the moment.
THE COURT: Let's call in the jury.
Just try to get close to the microphone when you testify.
THE COURT: Thank you.
Oh, and with regard to the sketch artists, as long as you don't sketch the face of the witness, which would convey the likeness of the witness, you can sketch the witness. It's just that we can't have you sketch the face of the witnesses.
Thank you.
(Jury enters.)
THE COURT: Okay. Please be seated, everyone.
You may be seated, ma'am.
Members of the jury, I just want to make mention briefly that, in his opening, Mr. Agnifilo mentioned in passing that the defendant is on trial for his life. Now, I think that was a hyperbole because the death penalty is not an issue in this case, it's not a potential penalty in the case, and the only penalties have to do with the -- should the defendant be convicted of crimes, how long his sentence would be. So I just wanted to make it very clear to you, if the impression might have been conveyed that the death penalty was a possible penalty in this case, that is not the case. I just point that out to you, all right?
Okay. I remind the witness that she is still under oath.
Direct examination may continue.
MS. PENZA: Thank you, Your Honor.
THE COURT: Please.