The juror’s numbers have been placed in a drum and one by one they are picking numbers of who will stay and who will be released.
Judge is giving further jury instruction.
Homicide in the 1st degree if guilty, must be unanimous.
The 7 members will be held in a different room during deliberations in case an alternate is needed.
The lawyers watch with great interest, who leaves the jury.
Jensen looks to the jury box.
Bailiffs being sworn.
Jury taken to the jury room! It's all up to them now!
Lawyers are reading the final instructions. They have till 10am for any objections.
Judge says the attorneys should be able to reach the court in 20 minutes for jury questions, etc.
Jensen has to be shaking in his boots, although he and Albee are laughing about something.
Judge has attorneys sign the official exhibit list.
Schroeder says the bailiff is making a list of evidence the jury want. One of the lawyers says, "Already?"
Judge is turning the courtroom back over to the Judge who normally presides here.
Jury is made up of 7 women 5 men.
So, it’s a waiting game now!
Update: 9:30amBailiffs shoo Judge out of the hall when jury is around. 2 bailiffs are sitting in chairs outside the jury room.
The bailiffs are being called in one at a time, to tell the court what the jury has been asking about post trial media interviews.
Albee: We are talking to the media about interviews. What has the jury been told?
Jury was told that if they wanted to speak to the media it's up to them. That is this court's sop.
No further questions.
They don't need the other bailiff to come in.
Going over the exhibit list.
Albee doesn't want Ed Klug's 2007 testimony let in.
If the jury asks for it, the court will deal with it at that time.
Albee has another 4-5 he doesn't want in.
Basically, anything the lawyers disagree on, Judge will delay ruling unless the jury specifically asks for it.
We're back concerning exhibits to be sent to the jury.
Ed Klug's testimony at forfeiture hearing.
Some redacted calendars... showing dates of various items not introduced into testimony... ex: Mark wasn't in Columbus where indicated. 9/11, Jensen in St. Louis... no testimony... no problem with Dec. October... 10/29 "I do love you bar? 13 & 14 Mark in St. Louis... no evidence to that.
Defense opposes these items
Judge agrees that they can't go in if there is no testimony to support the evidence.
CD's, DVD, videos - are in agreement they don't go back.
CD's of jail phone calls... agreed they don't go back
Both parties also oppose the unredacted letter from Jambois to Albee...redacted letter can go in
Anything with a Letter designation will not go back. Judge withholds decision...
Aaron Dillard letter... Albee opposes. There are portions not read. Judge withholds decision...
Dillard's probation violations... Jambois objects
Transcript of recorded interview to p. 140 - agreed it goes to the jury. Judge says if it goes to jury, they can read the entire thing and that it is stipulated that it is an accurate transcript. No objections. Judge says OK.
Pros. doesn't want Spiro's report to go back because it contains inadmissible hearsay! Only conclusions, please!
Albee wants it in. Realizes it needs redaction.
Judge is commenting on this.
Judge discussing "alternate" jurors.
Some of the testimony included could bias the jury one way or another towards a verdict. If they lose a juror and they start over with an alternate...
I'm not quite getting the point... but it seems that the lawyers are gauging what the jury is thinking based on what they've asked for.
Judge tells attys. what the jury asked to see.
1. Ed Klug notes
2.. Ed Klug trans
3. Autopsy pix
4. photo of post it note in planner
5. Mark and Julie's day planners
6. Stifel memo found in garbage
7. Prison note found in toilet
8. notes (2) from her log
Albee asks that if they send back photo of post-it-note, send back ALL photos in case.
Albee & Jambois are discussing the evidence the jury wants to see. The judge told them to call him when they were ready.
We see the seconds tick by on the clock.
Loose items from #239 are being removed from the day planner.
Disagreement with leather pouch in which the pocket daytime was place. It has loose papers in it. Albee opposes it going back. The daytime itself was admitted, the rest wasn't. Jambois points out notation of Christmas 1998 and things to by go to testimony by Laura that Julie hadn't planned holiday, Paul had said he received gifts.
Albee: loose items and leather cover wasn't specifically admitted into evidence.
Judge says it was inside the day timer.
Albee says "loose items" were omitted during testimony. Judge decides that it can go in.
Albee whines... "loose items aren't going in...he assumes it's not part of the case.
Judge hollers that he decides what is a "loose" item. He considers Ameritech letters loose items.
(Hey, the arguing ain't over yet!)
The list goes to the jury!
Albee objects that the jury is receiving items not in evidence. The actual day timer itself is bound. Judge says Albee didn't give specific objection at the time, and Albee would have lost the argument about the list that corroborates testimony.
Albee goes on about loose pages from the log, he separately marked it....
Repeats his definition of "loose evidence."
Judge isn't buying it!
This is just crazy how long this arguing is going on! This should have been done and finalized a while ago.
Finally, they are done, but we still don’t have a decision on the alternate jurors!
Update: 1:00pmThe Judge has kept all seven alternates sequestered in a different room.
So far today, these are additional items the jury has asked to see:
Photo of Julie in bed
1991 divorce papers
The photos taken 12/3
April 1999 interview Mark Jensen interview (redacted version)
Officer Reilly report (was not received into evidence) jury will have to rely on the testimony instead and their collective memory.
Blank calendar November and December. (The large one used by Albee)
Guess they are trying to figure out what day of the week certain things happened back in '98.
Seems like the jury is working pretty hard and pretty fast!Update: 3:05pm
Temporary net files
The attorneys want to vote. Schroeder says if the jury wants to stay, they can't leave.
A note is sent to the jury asking:
Do you want to end the day now?
Do you want food brought in and keep deliberating?
Just keep deliberating and no food?
Jury answers back, they would like food brought in and they wish to deliberate till 8pm CST!
The Judge apologizes, but the attorneys cannot leave to go vote!
While we are on jury watch, Intrepid has found a You Tube video for everyone to watch to pass the time.
SprocketUpdate: 3:50pmAnother jury request:
PowerPoint of internet files (summary pages to be removed)
Julie’s medical records
Dr. Borman’s summary, as interpreted by Albee, will not be includedUpdate: 5:20pm
Emails from Mark and Kelly
Dillard’s letter to his attorney (only portions were read into evidence will be given and the rest redacted!
Man, these guys are just chewing through evidence!
Judge asks the attorneys to remain in the building for the next hour.
Judge is not committed to 8pm without the alternates issue being resolved.
This whole alternate thing is about to have the lid blow off!
Jury now wants to see:
Julie’s transcripts from school, W. Parkside (college records)s
An additional item was asked for, not sure what it was.
Jambois asks if the judge is going to send note to the jury to see if they are done for the evening. Judge says premature at this point as they have just asked for more evidence!
Update: 7:10 pm
Sprocket here. I come back from FedEx and the post office, and this jury is STILL going strong! And they are still requesting exhibits! I'm blown away by how dedicated these juries are in the heartland. I think we are quite spoiled out here in Cali, with courts ending at 4:00 or 4:30 pm.
Here are some thoughts by some of our dearest friends who are on verdict watch with me and donchais.
Skelly63: Can you imagine seriously, how drained all the parties have to be? And it's not like they live down the block from the courthouse, they have a good drive home, and it's bitterly cold, etc. I feel for them all. What could they possibly get from her high school records?
Xspectorant: I hope they're not trying to perform an amateur psychological autopsy.
Intrepid: The jury must have told the judge they wanted to keep at it - he would have come back and began the Extra Jurors battle already if they hadn't......
Officially, they've been deliberating now for about 11 1/2 hours, less breaks and meals. I think they started at 9, or was it 9:30?
LinZbee: I like this jury. You can tell, they want to get it done! A little different than the Spector 1 jury, or court system. They would have been off for HOURS today on their schedule, off at 4:00 pm. UN-believable!
ritanita: I'm starting to feel for the cameraman. Does he get a pillow and blankie to take a nap next to his camera?
Update: 7:56 pm
The jury came back for more requests around 6:50 pm and now, around 8:00 pm they are requesting more documents. As a side note, Kelly has not been in the courtroom for some time. She was only in the courtroom for her testimony; she wasn't even there for the closing arguments. Has Kelly moved on? Has she already started looking for bigger, wider, longer boffing? Come on! We all get those emails.
Update 8:25 pm
Judge Schroeder and Albee are in a big argument over whether or not to force the jury to go home and let the alternates go. Schroeder is not going to force the jury to go home, which is what Albee wants. Schroeder is shouting at Albee.
Albee says he's concerned about a fair trial and Mark Jensen's right, and the jurors feeling about the amount of time they are "forced" to stay.
Jambois says that many people work sixteen hour days, and I don't see any reason to address this now. If the jurors want to stay here until 10 pm or 1 in the morning, I can stay that late.
Schroeder says that he doesn't feel the jurors staying this late is being in anyway cohersive.
Albee wants another note sent. Judge Schroeder feels that no more notes need to be sent. They are sending for a steady stream of information so they are very active working on the case and maybe they want to wrap this up tonight.
Schroeder says he will not send them another note because he feels that would be cohersive to do so. Anything else, Schroeder asks, and then that's it. We're back to watching the clock.
Sprocket here. This is unforkin'believeable! Donchais and I have never seen anything like this before. A jury that doesn't want to home.
Earlier today, Julie Jensen's brothers speak out to Today's TMJ4.