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Everyone who was involved in this trial has had a part of them taken away and because of it, most likely we will never be the same.
You, ladies and gentleman of the jury have lost the most. The Court has also suffered a loss; a near and dear relative during the course if this trial, my aunt Anna from New York passed away during the trial and I was unable to attend her funeral because of it. Also, due to this trial, a relationship with a close and treasured friend of many years has been strained.
But the Judge, the Court staff, the attorneys all have a job to do and that's part of the obligation that comes with the territory and we understand that. However, you the jury, have your own lives, your own jobs, and while this is your civic duty, you have endured more than you ever could have expected when you first received the jury notice in the mail and were instructed to come to this courthouse and give up a part of your life, to see that justice is done.
But in this nations history frustrating delays during trials were not uncommon, in fact in one twelve-day session in the 1800s, an Illinois jury, sitting in the front room of a large house with judges lined up against one wall, disposed of twenty-eight civil cases, two murders, five assaults, a charge of unlawful assembly, and a burglary.
One can appreciate why a judge from this period joked after one of these sessions, "I have just come from Illinois where I held court for twelve days and ten nights and only four of the jurors died from fatigue.
The institution of trial by jury especially in criminal cases has its hold upon our country chiefly for two reasons. An individual can forfeit his liberty - to say nothing of his life - only at the hands of those who, unlike any official, are in no way accountable, directly or indirectly, for what they do, and who at once separate and melt anonymously in the community from which they came.
Jury service is the solemn obligation of all qualified citizens, and this Court is aware of the compelling personal hardships you have endured, during the frustrating pace of this trial which ultimately culminated in a 13 hour endurance marathon of closing arguments.
However, this Court is a firm believer in the jury system, and as granted by The US Constitution and the Constitution of the State of Nevada, the right to trial by jury is guaranteed. While, this court does sympathize with a jurys dilemma, respect for judicial process, no matter how slow, is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.
As the Supreme Court stated: "It is part of the established tradition in the use of juries as instruments of public justice that the jury be a body truly representative of the community." The jury's role is to interpose the common sense judgments of a group of lay persons between the accused and the accuser. And as guard against the power of the corrupt or overzealous prosecutor.
This Court thanks you for the role that you have played in this trial and your service has been greatly appreciated. As you now slip back into the community and your lives, it is my hope that you remember these immortal words of Learned Hand
"The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; and it is in that spirit of liberty and of America that the faith in the glorious destiny of our beloved country rests."
"You, ladies and gentlemen have performed your duty to your Country admirably and I commend you for your perseverance" You are released from your service to the Court. Thank you.
Mr. Owens, Mr. Guymon, Mr. Momot, Mr. Pitaro, I thank you for the time and effort you put into this case. Your zealousness to your cause is noted and understood.
Again this has been a most difficult case for all, but I wish to briefly thank my staff, Chryste, Nora, Hank and Tom, and my law-clerk Al Lasso who will soon be leaving his position with me to go out on his own to practice law, as well as Judge Porter and his staff Beverly, Mike and Janice.
As to perceived problems with counsel, I find that well-timed silence has more eloquence than speech and this Court will not comment further at this point in time.
However, I do think it is appropriate to end this case with the words of Frank Outlaw:
Watch your thoughts; they become words.
Watch your words; they become actions.
Watch your actions; they become habits.
Watch your habits: they become character.
Watch your character; it becomes your destiny
Additionally, Mr. Pitaro, on February 11th, upon Defense counsels Motion to Appoint Associate Counsel, in order to ensure that the trial not be delayed and that Ms. Rudin receive adequate representation at trial, this Court appointed you to Ms. Rudins defense team. And, assuredly, this Court thanks you for your services during this trial as without you this trial most definitely could not have gone forward. However, as the trial has now reached its conclusion, your most competent services are not required and as such you are hereby relieved of your appointment as associate counsel to Ms. Rudin. Of course, you are welcome to represent her at your own expense.
Mr. Momot, the Court also thanks you for your services, and as you were here on a "pro bono basis" for trial purposes, any Order for limited expenses this Court has issued for you was for trial purposes only and is concluded. Let me just add Mr. Momot, it was most commendable of you to take this case free of charge and, as in other cases before this Court, you have performed admirably.
Finally, out of the abundance of caution, this Court had imposed a Chinese Wall on District Attorney Stewart Bell. As the trial has now concluded, the Court is lifting such a barrier, and Mr. Bell is free to discuss this case with anyone he so sees fit.
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