MONDAY, AUGUST 10, 1998
(Court reconvened at 2:45 p.m. The defendant was not present. The jury was not present.)
(The defendant entered the courtroom at 2:47 p.m.)
(The jury entered the courtroom at 2:48 p.m.)
THE COURT: I appreciate very much your patience. We're ready to proceed at this point.
Madam Clerk, would you please impanel this jury. (The 12 jurors and three alternate jurors were impaneled at 2:49 p.m.)
THE COURT: Members of the jury, you've been selected and sworn. You're now the trial jurors in this matter. You have a solemn responsibility ahead of you to determine the guilt or innocence of Mr. Kimble. You must do that solely based upon the evidence to be presented here in this courtroom under oath and the Court's instructions as to the law.
If at any point during the trial you cannot see or hear a witness, or experience any discomfort, or need a short break, just let me know that by raising your hand.
You'll remember the responsibilities that you signed the sheet on. Please remember those instructions.
Do not discuss this case among yourselves at any time, until the Court tells you it's proper to begin your deliberations. Do not talk with the attorneys, parties or witnesses. And
do not read or listen to any news or media accounts. When we recess, from time to time I'll remind you of those instructions. Just remember those that are on that responsibility sheet.
Does everyone understand?
(Jurors nodded their head up and down.)
THE COURT: At this point, the attorneys have an opportunity to make a very brief opening statement to you. The opening statement is not evidence and is not to be considered as evidence. It's an opportunity for them to give you a blueprint or a roadmap or a preview of the evidence that they'll present to you during this trial. Please again remember that you're not to consider this evidence -- these statements as evidence in this case.
Mr. Panosh, you may address the jury on behalf of the State.
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