- The Verdict - Page 219

He told the bailiff: "Don't let anyone know what is in the note at all. We don't want anyone to know what is going on here but these lawyers, okay?

The bailiff took the note to her, and brought back a written reply:

Request concerns other jurors and decisions made before they permited [sic] to make them.

"I don't think I understand it," the judge said, and he showed it to the attorneys. They speculated what it meant:

PAUL: What she is talking about, I think, is when they were in there somebody was announcing a decision.

EAGAN: Apparently some of them have said how they stand. I don't think from that they have made a vote yet.

HADLEY: Or before it was submitted to them.

DAVIDS: That is what she is saying, they had discussions at some point before it was submitted to them for consideration.

EAGAN: Well, why did she wait this long to tell us?

PAUL: I don't think that is what it is.

Eagan recommended that the entire jury be brought in and instructed that their duty was to "discuss the thing, work together on it."

She was still alone in the bailiff's room. They decided to send a second note to her. Paul wrote:

“Do you mean decisions announced before or after the case was submitted to the jury on Wednesday afternoon?”

The reply came back:

Statement made immediately after foreman was elected and numerous other things this is just the main item.

And below that was written:

made befor [sic] Wed. afternoon.

A juror could announce an opinion at any time after the deliberations began. But any such statement made before then would be improper.

Paul and the attorneys examined the note.

PAUL: Not bad. "Statements made generally right after the foreman was elected."

HADLEY: Statements made before Wednesday afternoon.