Ladies and gentlemen, the jury has indicated they've reached a unanimous verdict as to these matters and will be coming in to pronounce that verdict in just a few minutes. Again, I would remind you that if you feel like you cannot control your emotions, you need to leave now. Because once the jury comes in, I will not tolerate any emotional outbursts in the courtroom. And if you do engage in such conduct, then of course the officers have been instructed to identify you and you'll be cited for contempt of court. That means time in jail or money, depending on how bad it is. So if you feel like you cannot control your emotions, I'd ask you to step out. These jurors deserve better than that. They've been here for five weeks. They've been loyal; on time. They deserve better than emotional outbursts in the courtroom. Once the jury leaves the courtroom,

3145

then you may show any emotions you wish to show as long as it's controlled.

Okay. Bring them in, please.

(Jury present. 3:55 p.m.)

THE COURT: Okay. Mr. Lewey, are you still the foreperson of the jury?

JURY FOREPERSON: Yes, sir.

THE COURT: Has the jury reached a unanimous verdict as to the punishment phase?

JURY FOREPERSON: Yes, sir.

THE COURT: Have you signed and dated that verdict sheet, sir?

JURY FOREPERSON: Yes, sir.

THE COURT: Please hand that verdict sheet to the court officer,

(Complied)

THE COURT: Okay. Let the record show that the jury in the case of the State of North Carolina v. Ronnie Lee Kimble has reached a unanimous verdict as to the punishment phase; that Mr. William Steven Lewey is the jury foreperson; that the verdict sheet has been signed and dated; that the State is represented by assistant district attorney Mr. Panosh; that the defendant is present and represented by counsel, Mr. Lloyd and Mr. Hatfield.

3146

Madam Clerk, would you please take this verdict.

THE CLERK: Yes, sir.

Members of the jury, you have agreed upon your answers to the Issues and Recommendation for punishment in the State of North Carolina v. Ronnie Lee Kimble, 97 CrS 39580. As to Issue One, you've answered yes; Issue Two, yes; Issue Three, no. We, the jury, unanimously recommend the defendant, Ronnie Lee Kimble, be sentenced to life imprisonment.

Are these the answers to your Issues and Recommendation for sentencing, so say you all? (Affirmative response)

THE COURT: Okay. You'll need to poll the jury.

THE CLERK: Yes, sir.

THE COURT: Individually.

THE CLERK: Yes, sir.

(The jury was polled in open court by the clerk; each juror answered that the verdict returned by the foreperson was his or her verdict and each still assented thereto.)

THE COURT: Any matters before I excuse the jury, Gentlemen?

MR. PANOSH: No, Your Honor.

MR. LLOYD: No, Your Honor.

THE COURT: Members of the jury, at this point,

3147

I want to publicly and on the record thank you for your service in this case. I don't know when I've had a jury that has been more cooperative than you-all. You-all have been on time. It's been a long trial, five weeks. It's hard to keep 13 jurors -- I mean 15 jurors for five weeks. I commend you for that. I know it's been a difficult case for you individually and that you provided a valuable service to your fellow citizens and the people of the State. I want to personally thank you for that. I'll be back to thank you more appropriately in a few minutes. I'd also admonish you it would be improper to say what a fellow juror said or did. You may tell what you thought or how you felt about the case, but be very careful that you do not reveal a fellow juror's thoughts or actions. You understand that?

You have a right to talk with whoever you choose to talk with about the case or you may simply tell them you don't want to discuss it. It's your right, your prerogative, and it's up to you to make that decision.

So if you'll step in the jury room, and the three alternates, if you'll join them back there, and I'll be back there to talk to you about your jury service.

(All jurors absent)

3148

THE COURT: Are there any matters for the record on behalf of the State or the defense?

MR. PANOSH: Not for the State, Your Honor.