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So far unclear to me as to how they're going to get the source code files to open but apparently they've worked it out
Jury question is whether the jurors can take and review the notepads at home. Oracle says they can. Google objects.
Google says the jurors should deliberate together.
Alsup: Are you saying when they come to the court and are waiting for the others, they can't read their own notes?
Google: Wellll that's not the question they're asking
lmao the second question is whether the jurors can review exhibits alone if they arrive early or stay late. Both Oracle & Google agree no
Third question: Can the jurors take the jury instructions home with them at night? O & G agree no.
lol they're making it pretty hard for jurors
Alsup is mad about Google not wanting jurors to take their notepads home. "You must think you're going to lose this case. This is shocking."
owned
Alsup saying that in another case, the jurors devoted an entire day to just reading the exhibits and their notes. Asks how that's different.
Google says there's no meaningful distinction between preventing jury from doing that and the other stuff, so Google would want to prevent
Alsup: This is one of the best juries in the history of the courthouse.
Says it's fallacious to say that jurors are going to confer with others outside the court.
Says that Google is preventing them from reading their own notes.
Oracle says they're just trying to be consistent and that they should let the jurors take the notes home.
Alsup: The lawyers must remember the jury is a statutory body. ... It's not just some handpicked dream team you lawyers get to work on.
Alsup: They have a statutory duty to decide the case, and however they want to do it, as long as they don't get extraneous information,
and they come to a unanimous verdict, they don't have to deliberate at all. It's up to them on how they want to deliberate.
Alsup: I feel as a judge to have a duty to respect the role of the jury and not to hamstring them just because the lawyers want to
For now, Alsup will say the jurors can't do these things, but overnight, Oracle and Google have to brief this issue and come up with caselaw
Doesn't matter that O & G agree on Questions #2 and #3, Alsup says he's protecting the "integrity of the jury"
Oracle and Google have to file their briefs by midnight tonight, and Alsup says he's on the verge of just telling the jurors they can do it
Alsup now writing out reply to jury saying "Please do not do this yet. I will advise tomorrow."
A passle of Keker lawyers just showed up, in case you were worried that there weren't enough billables in this case
Alsup confirms that they're going to "wheel in the computer thing" and sighs, "hope that's done..."
Alsup reiterates that not letting jurors take home the instructions / notes is not being fair to the jury.
Alsup: You can't stop them from thinking about the case driving home. You can't stop them from thinking about it in the middle of the night.
We're done for now. Alsup leaves the courtroom.
well I know I'M waking up in the middle of the night going, "What really happened at that bat mitzvah?"
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