Volume I - Mass. Injustice.Org

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PAGE 2
WILL THE MEMBERS ON THE PROSPECTIVE
JURY PANEL PLEASE STAND AND RAISE YOUR RIGHT
HANDS.
(JURORS DULY SWORN)
THE CLERK: YOU MAY BE SEATED.
THE COURT: LADIES AND GENTLEMEN OF
THE VENIRE, MY NAME IS JUDGE DAN TOOMEY, I AM
A JUSTICE OF THE SUPERIOR COURT, AND I WILL BE
PRESIDING OVER THIS TRIAL. I WELCOME YOU TO
THE WORCESTER COURT FACILITY.
THIS IS A CRIMINAL CASE, IT INVOLVES
AN ALLEGATION OF A PHYSICAL CONFRONTATION. IT
BEGAN, THE COMMONWEALTH ALLEGES, AS A VERBAL
ALTERCATION INSIDE A TAVERN HERE IN THE CITY
OF WORCESTER, AND THEN IT CONTINUED TO THE
OUTSIDE. THAT IS THE NATURE OF THE CASE THAT
IS BEFORE YOU AT THE PRESENT TIME.
I AM TOLD BY COUNSEL AND BASED UPON
MY EXPERIENCE, OUR EXPECTATION IS THAT THIS
CASE WILL PROBABLY LAST THE REST OF THIS WEEK
AND INTO FRIDAY. AND IT IS OUR HOPE THAT THE
CASE WILL TERMINATE BY FRIDAY, AND I HAVE
EVERY EXPECTATION THAT IT WILL.
I WOULD LIKE TO ASK THE LAWYERS AT

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PAGE 4
HOSPITAL; THE KEEPER OF THE RECORDS AT THE
WESTBORO POLICE DEPARTMENT; OFFICER GERALD
PERMA FROM THE WORCESTER POLICE DEPARTMENT;
DENNIS O'CONNOR FROM THE MEDICAL CENTER
MEMORIAL HOSPITAL; CHRISTINA MANN OF
SHREWSBURY; THOMAS KING, WESTBORO POLICE
DEPARTMENT; JEFF SCHLEMER FROM SHREWSBURY; DON
WYME FROM WORCESTER; GERALD PERMA FROM THE
WORCESTER POLICE DEPARTMENT; STEPHEN SAWYER OF
WEST BOYLSTON; RICHARD TARASKIEWICZ FROM
MILLBURY; DENNIS O'CONNOR, WHO I THINK WE
MENTIONED BEFORE. BUT AGAIN DENNIS O'CONNOR
FROM WORCESTER, MASSACHUSETTS.
MAY I SEE COUNSEL AT SIDE BAR FOR A
ONE MOMENT, PLEASE, WITH THE REPORTER.
(SIDE BAR CONFERENCE)
THE COURT: YES. WITH RESPECT TO
THE REQUEST FOR PROPOSED QUESTIONS TO THE
JURY. I WOULD LIKE THE RECORD TO REFLECT AT
THIS POINT THAT IT WAS SUBMITTED BY MR. ALOISE
THIS MORNING. AFTER A DISCUSSION IN CHAMBERS,
I HAVE ALLOWED BY AGREEMENT QUESTIONS ONE AND
FOUR. I AM INCLINED -- AND THE LAST POINT IT
IS NOT A NUMBERED PARAGRAPH THE LAST ONE WHICH

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PAGE 5
I HAVE BEGINS, "IN ADDITION," IS COVERED BY
THE BROILER PLATE. I DO NOT INTEND TO GIVE
THAT ALSO. I AM DENYING REQUESTED QUESTIONS
TWO, THREE AND FIVE. AND MR. ALOISE WOULD YOU
CARE TO SAY ANYTHING ABOUT THAT?
MR. ALOISE: JUST THAT I WOULD ASK
THE COURT LET THE RECORD REFLECT THAT WE
OBJECT TO THE DENIAL OF THOSE THREE. ONLY
OTHER THING, IN THE EVENT THERE ARE ANY
AFFIRMATIVE RESPONSES TO ANY OTHER QUESTIONS
THAT THE COURT IS POSING, THAT WE'D BE ALLOWED
TO IN YOUR DISCRETION TO REVISIT THOSE
QUESTIONS IF IT BECOMES APPROPRIATE.
WHEN WE COME TO IT.
AN EXHIBIT.
THE COURT: WE'LL CROSS THAT BRIDGE
THE COURT: MR. BALL, ANYTHING?
MR. BALL: NO.
THE COURT: THIS WILL BE MARKED AS
MR. ALOISE: THE RECORD SHOULD
REFLECT THAT YOU HAVE ALLOWED A MOTION AS
WRITTEN ON THE SEQUESTRATION, AND I WANT TO
ASK THE COURT TO INDICATE TO BOTH COUNSEL TO
INSTRUCT THE PROSPECTIVE WITNESSES NOT TO

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1, NO. 1, SUSAN STRICKLAND?
THE JUROR: HERE.
PAGE 8
THE CLERK: SEAT NO. 1 , PLEASE.
FROM PANEL 1 , NO. 3 , CLAIRE PAINCHAUD?
THE JUROR: HERE.
THE CLERK: SEAT NO. 2 , PLEASE.
FROM PANEL 1 , NO. 4 , SONYA MULLER?
FROM
THE JUROR: HERE.
THE
PANEL 1,
THE
THE
CLERK:
NO. 5 ,
JUROR:
CLERK:
SEAT NO. 3 I PLEASE.
WILLIAM
HERE.
WALTHALL?
SEAT NO. 4 I PLEASE.
FROM PANEL 1 , NO. 6 I JANICE ERICKSON?
FROM
FROM
THE
THE
PANEL 1 ,
THE
THE
PANEL 1 ,
JUROR:
CLERK:
NO. 7 ,
JUROR:
CLERK:
NO. 8 ,
HERE.
SEAT NO. 5, PLEASE.
ANN ENGLUND?
HERE.
THE JUROR: HERE.
SEAT NO. 6 ,
KEVIN TULLY?
PLEASE.
THE CLERK: SEAT NO. 7 , PLEASE.
FROM PANEL 1 , NO. 9 , ROBERTA GOTTLIEB?
THE JUROR: HERE.
THE CLERK: SEAT NO. 8 I PLEASE.

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PAGE 10
OF THE ROOM TO LISTEN VERY CAREFULLY TO WHAT I
AM SAYING. AND IF AT THE APPROPRIATE TIME
YOUR ANSWER NEEDS TO BE RECORDED, PLEASE
REMEMBER THAT YOU DID HAVE A RESPONSE TO A
PARTICULAR QUESTION.
NOW, MEMBERS OF THE JURY TO BE, AND
MEMBERS OF THE VENIRE, DO YOU DISAGREE WITH
ANY OF THE FOLLOWING PROPOSITIONS OF LAW:
THE DEFENDANT HAS A PRESUMPTION OF
INNOCENCE, WHICH MEANS THAT HE IS NOT TO BE
CONSIDERED GUILTY UNTIL THE GOVERNMENT, IF IT
IS ABLE TO, PROVES HIM GUILTY BY PROOF BEYOND
A REASONABLE DOUBT?
NUMBER TWO, DO YOU DISAGREE WITH THE
PROPOSITION THAT THE DEFENDANT NEED NOT
PRODUCE ANY EVIDENCE IN HIS DEFENSE?
AND NUMBER THREE, DO YOU DISAGREE
WITH THE PROPOSITION OF LAW THAT THE BURDEN OF
PROVING THAT THE DEFENDANT IS GUILTY, PROVING
EACH ELEMENT OF THE CHARGED OFFENSE BEYOND A
REASONABLE DOUBT, IS ON THE COMMONWEALTH?
NOBODY HAS RESPONDED. OKAY.
NOW, LET ME ASK YOU SOME OTHER
QUESTIONS AT THE PRESENT TIME. AND AGAIN,

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PAGE 11
THESE ARE ADDRESSED NOT ONLY TO THE JURY WHICH
IS IN THE BOX, BUT ALSO THE VENIRE WHO ARE
POTENTIAL JURORS IN THIS CASE.
ARE YOU RELATED TO ANY PARTY OR
ATTORNEY IN THIS CASE?
CASE?
THIS CASE?
THIS CASE?
DO YOU HAVE ANY INTEREST IN THIS
HAVE YOU EXPRESSED ANY OPINION IN
HAVE YOU EVEN FORMED ANY OPINION IN
ARE YOU SENSIBLE, THAT IS, ARE YOU
AWARE OF ANY BIAS OR PREJUDICE IN THIS CASE?
IS THERE ANY REASON WHY YOU ARE NOT
INDIFFERENT ABOUT THE OUTCOME OF THIS CASE?
HAVE YOU OR ANY MEMBERS OF YOUR
FAMILY EVER BEEN THE VICTIM OF ANY VIOLENT
CRIME?
ARE YOU OR ANY MEMBER OF YOUR FAMILY
OR CLOSE FRIENDS A POLICE OFFICER OR ARE
ASSOCIATED WITH ANY POLICE OR INVESTIGATIVE
AGENCY ON THE LOCAL, STATE OR FEDERAL LEVEL?
OKAY, MA'AM, THANK YOU. JUST REMEMBER THAT
YOU RAISED YOUR HAND. AND YOU, TOO, SIR, JUST

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FOR THE BEGINNING OF THE NEXT YEAR.
PAGE 16
Q. WHAT I AM GETTING AT WHAT HAPPENS IF THE
DECISIONS ARE A WEEK LATE?
A. THEN THE DECISIONS WILL BE MADE.
Q. THEY'LL BE MADE ONE WAY OR OTHER?
A. YES. THEY'LL PROBABLY BE MADE POORLY WITHOUT
MY PARTICIPATION.
QUESTIONS?
THE COURT: MR. BALL, ANY
MR. BALL: NO, SIR.
THE COURT: MR. ALOISE?
MR. ALOISE: NO, SIR.
THE COURT: THANK YOU, SIR. WOULD
YOU PLEASE GO OVER BY THE COURT OFFICER IN THE
JACKET, PLEASE
(JUROR LEAVING SIDE BAR)
THE COURT: WHAT DO YOU SAY?
MR. ALOISE: HE'S THE TYPE OF JUROR
THAT YOU HOPE TO HAVE ON A JURY. I WILL BE
INCLINED TO SUGGEST THAT THE COURT NOT EXCUSE
HIM.
THE COURT: MR. BALL?
MR. BALL: I DON'T HAVE ANY FEELING
ONE WAY OR OTHER. WE ARE JUST LOOKING FOR ANY

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PAGE 29
COMING IN ALL THE TIME, ANSWERING PHONES AND
BRINGING IN THE WORK. NO ONE IS GOING TO BE
THERE.
Q. I UNDERSTAND, SIR.
QUESTIONS?
THE COURT: MR. BALL, ANY
MR. BALL: NO.
THE COURT: MR. ALOISE?
MR. ALOISE: NO QUESTIONS.
THE COURT: ALL RIGHT. NOW, WOULD
YOU GO OVER TO THE COURT OFFICER, PLEASE.
(JUROR LEAVING SIDE BAR)
MR. BALL: NO OBJECTION.
MR. ALOISE: NO OBJECTION.
THE COURT: EXCUSED.
THE CLERK: SIR, YOU YOU ARE EXCUSED
FROM SERVICE BY THE COURT. NEXT LADY.
COURT OFFICER: PANEL 1, SEAT 15.
EXAMINATION BY THE COURT
Q. YES, MA'AM.
(JUROR APPROACHING SIDE BAR)
A. I AM NOT EVEN SURE IT IS A PROBLEM. I HAVE
TWO CHILDREN IN SCHOOL.
Q. THAT IS ALWAYS A PROBLEM.

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A. RIGHT.
PAGE 42
Q. LET ME ASK YOU THIS. I HAVE NO IDEA ABOUT
YOUR CIRCUMSTANCES OR ANYTHING. IS THIS A
SERIOUS HARDSHIP FOR YOU FINANCIALLY?
A. FINANCIALLY IT WOULD BE, YES.
Q. WOULD HE NOT BE ABLE TO MAKE UP THE -­
A. NO, HE WOULDN'T.
Q. -- MONEY?
A. NO, HE WOULDN'T.
Q. AND HOW OLD ARE YOUR KIDS, MA'AM?
A. 3,4,6 AND 10.
Q. YOU HAVE YOUR HANDS FULL. OKAY, THANK YOU.
BALL?
THE COURT: ANY QUESTIONS, MR.
MR. BALL: NO.
THE COURT: MR. ALOISE?
MR. ALOISE: NO, JUDGE.
THE COURT: ALL RIGHT. THANK YOU.
WOULD YOU GO OVER TO THE COURT OFFICER, PLEASE
(JUROR LEAVING SIDE BAR)
MR. ALOISE: I HAVE NO OBJECTION.
WHATEVER YOU WANT TO DO IS OKAY.
MR. BALL: NO OBJECTION.
THE COURT: EXCUSED.

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PAGE 47
MR. ALOISE: THE JUDGE ASKED YOU
ABOUT BELIEVING ONE WITNESS OR THE OTHER. PUT
ANOTHER WAY, MA'AM, FOR EXAMPLE, LET'S ASSUME
THAT A POLICE OFFICER TESTIFIED THAT A IS A
TRUE FACT, AND ANOTHER WITNESS, NOT A POLICE
OFFICER, TESTIFIES THAT B IS A TRUE FACT.
THEY BOTH CAN'T BE RIGHT. THERE IS NO MIDDLE
GROUND, ONE IS RIGHT AND ONE IS WRONG. ONE IS
TRUE AND ONE IS FALSE. DO YOU THINK YOU WILL
HAVE ANY TENDENCY WHATSOEVER TO BELIEVE A IF
THAT FACT CAME FROM THE LAW ENFORCEMENT
OFFICIAL, OR B CAME FROM SOMEBODY NOT
ASSOCIATED WITH LAW ENFORCEMENT AT ALL?
THERE IS A TENDENCY.
THE JUROR: THERE IS THE TENDENCY.
MR. BALL: MAY I ASK THIS?
THE COURT: SURE, GO AHEAD.
MR. BALL: WOULD YOU CONSIDER IT
IMPORTANT, AND WOULD YOU IN FACT LOOK AT THE
ENTIRE TESTIMONY OF THAT WITNESS AND SIZE THEM
UP AS THEY -- WHATEVER EVIDENCE THEY ARE
TELLING FROM THE WITNESS STAND? WOULD THAT
HELP YOU IN DETERMINING WHETHER YOU BELIEVE
THE PATROLMAN OR -­

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THE COURT.
THE COURT: MR. ALOISE?
MR. ALOISE: NO.
THE COURT: EXCUSED.
PAGE 62
THE CLERK: EXCUSED FROM SERVICE BY
THE COURT: RATHER THAN HAVE
EVERYBODY CLIMB INTO THE BOX, WOULD IT MAKE
MORE SENSE TO HAVE THEM LINE UP WITH BRIAN AND
ASK ANY OF THEM WHO RAISED THEIR HAND TO COME
OVER HERE?
THE CLERK: SURE.
THE COURT: THANK YOU.
(SIDE BAR ENDED)
THE CLERK: IN THE EVENT YOU RAISED
YOUR HAND, LINE UP RIGHT THERE WHERE YOU ARE,
OFFICER, BEFORE THEY TAKE THEIR SEATS IN THE
BOX. FROM PANEL 2, NO. 16, SUZANNE GUIOD?
YOU, FOR A MOMENT.
VARRICHIONE?
THE JUROR: HERE.
THE CLERK: STAY RIGHT THERE, WILL
FROM PANEL 3, NO.1, ELAINE
THE JUROR: HERE.
THE CLERK: WE HAVE TWO POTENTIAL

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PAGE 67
Q. BUT YOU ALSO INDICATED THAT YOU THINK A LOT OF
CRIMINALS GET VERY LIGHT SENTENCES; IS THAT
CORRECT?
A. YES, I DO.
Q. LET ME ASK YOU THIS. DO YOU UNDERSTAND THAT
JURORS HAVE NOTHING TO DO WITH SENTENCING AT
ALL, THAT JURORS ONLY DETERMINE WHETHER
SOMEBODY IS GUILTY OR INNOCENCE, MAKE CERTAIN
FACT FINDINGS, AND THE ONLY PERSON WHO HAS
ANYTHING TO DO WITH SENTENCING IS THE JUDGE,
DO YOU UNDERSTAND THAT?
A. YES, I DO UNDERSTAND THAT.
Q. NOW, UNDERSTANDING THAT, DO YOU THINK THAT
THAT WOULD MAKE A DIFFERENCE TOWARDS YOUR
ASSESSING THE EVIDENCE AND DECIDING WHO TO
BELIEVE AND NOT TO BELIEVE, AND BEING
OBJECTIVE IN YOUR VIEW OF THE TESTIMONY? DO
YOU THINK YOUR FEELINGS CONCERNING LIGHT LIFE
SENTENCES IN OTHER CASES WOULD IMPACT YOU AT
ALL?
A. YES.
Q. WHY DO YOU SAY THAT?
A. I AM VERY RELIGIOUS AND I HATE TO SEE WHAT IS
HAPPENING TO THIS COUNTRY. I SEE A LOT OF

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THE COURT: SURE.
EXAMINATION BY THE COURT
Q. YES, MA'AM.
PAGE 80
(JUROR APPROACHING SIDE BAR)
A. I'M SORRY. YOU ASKED ME BEFORE IF I FELT MY
BROTHER HAD A FAIR TRIAL. I HAVE JUST BEEN
SITTING THERE THINKING ABOUT IT, AND I DON'T
THINK THAT HE DID. I DON'T THINK THAT IT
ENDED THE WAY -- PREJUDICE ME AGAINST.
Q. YOU SAY HE DIDN'T HAVE A FAIR TRIAL. ARE YOU
TELLING US THAT HE WAS INNOCENT AND HE GOT
WRONGLY CONVICTED?
A. NO. I AM SAYING THAT HE WAS -- THERE WAS A
LOT OF PUBLICITY, AND IT WAS A VERY VERY
PUBLIC CASE. I THINK HE WAS KIND OF -- I JUST
DON'T THINK THAT -- THAT HE WAS FAIRLY
SENTENCED.
Q. DO YOU THINK HE GOT SENTENCED TOO HEAVILY FOR
WHAT HE DID?
A. DEFINITELY.
Q. DO YOU UNDERSTAND, MA'AM, THAT SENTENCING,
BLUNTLY SPEAKING, IS NONE OF YOUR BUSINESS?
DON'T MEAN TO BE ROUGH WITH YOU. WHAT I AM
SAYING IS THAT JURORS AS YOU WILL HEAR ME IF
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PAGE 89
EMPLOYER IS REQUIRED TO KEEP PAYING YOU WHILE
YOU ARE ON JURY DUTY. ARE YOU AWARE OF THAT?
A. FOR THE THREE DAYS.
Q. THREE DAYS. AND THEN AFTER THAT THE STATE
PICKS UP WHAT IS IT? $50 A DAY. WOULD THAT
PUT YOU IN THE HOLE, IS THAT WHAT YOU ARE
TELLING US?
A. YES. I HAVE BEEN WORKING TWELVE HOUR DAYS.
WOULD ONLY BE GETTING PAID FOR EIGHT HOURS.
Q. DO YOU THINK IF YOU WERE REQUIRED TO SIT ON
THIS JURY, THAT YOU WOULDN'T BE ABLE TO PAY
FULL ATTENTION TO ALL OF THE EVIDENCE AND
EVERYTHING BECAUSE OF YOUR CONCERN ABOUT YOUR
JOB AND THE INCOME?
A. I DON'T FEEL THAT WOULD BE A PROBLEM.
Q. THAT WOULDN'T BE A PROBLEM. LET ME ASK YOU
A. YES.
THIS, SIR. YOU INDICATED THAT YOU WERE ONCE
CHARGED WITH A CRIMINAL OFFENSE BY THE
COMMONWEALTH AND YOU WERE FOUND NOT GUILTY?
Q. OKAY. DO YOU THINK THE FACT THAT YOU WERE
INVOLVED WITH THE LAW AT THAT TIME WOULD -­
HOW LONG AGO WAS THAT, BY THE WAY?
A. BEEN ABOUT FOUR YEARS.
I

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PAGE 96
93-0135-3, THIS INDICTMENT PRESENTS THAT
MICHAEL G. ELBERRY, OF WORCESTER, IN SAID
COUNTY OF WORCESTER, ON THE 29TH DAY OF
SEPTEMBER IN THE YEAR 1992, AT WORCESTER, IN
SAID COUNTY OF WORCESTER, BY MEANS OF A
DANGEROUS WEAPON, TO WIT, A BOTTLE, DID
ASSAULT THOMAS KING.
TO A FOURTH AND FINAL INDICTMENT IT
PRESENTS THAT MICHAEL G. ELBERRY ON THIS
INDICTMENT NUMBERED 93-0135-4, OF WORCESTER,
IN SAID COUNTY OF WORCESTER, ON THE 29TH DAY
OF SEPTEMBER IN THE YEAR 1992, AT WORCESTER,
IN SAID COUNTY OF WORCESTER, DID ASSAULT
THOMAS KING WITH MALICIOUS INTENT TO MAIM OR
DISFIGURE, TO WIT, DID ATTEMPT TO PULL OUT OR
DESTROY THE EYE OR THE EYES OF THE SAID THOMAS
KING IN VIOLATION OF MASSACHUSETTS GENERAL
LAWS, CHAPTER 265, SECTION 15 THEREOF.
TO THESE FOUR INDICTMENTS AS READ
THE DEFENDANT, MICHAEL G. ELBERRY, BEFORE THE
BAR HAS PLEADED THAT HE IS NOT GUILTY THEREOF,
AND HAS PLACED HIMSELF UPON HIS COUNTRY FOR
TRIAL, WHICH COUNTRY YOU ARE. YOU ARE SWORN
TO TRY THE ISSUES. IF HE IS GUILTY, YOU WILL

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PAGE 98
WILL CONTROL YOUR DELIBERATIONS WHEN THE CASE
IS OVER, AND WHEN YOU GO UP TO THE JURY ROOM
TO REACH A VERDICT. THESE REMARKS ARE NOT A
SUBSTITUTE FOR THE MORE DETAILED INSTRUCTIONS
ON THE LAW WHICH I WILL GIVE YOU AT THE
CONCLUSION OF THE TRIAL BEFORE YOU RETIRE TO
CONSIDER YOUR VERDICT.
THIS IS THE TRIAL OF A CRIMINAL
CASE. THE DEFENDANT IS CHARGED IN FOUR
INDICTMENTS WHICH YOU HAVE JUST HEARD THE
CLERK READ TO THE DEFENDANT AND TO YOU. YOU
SHOULD CLEARLY UNDERSTAND THAT THESE PIECES OF
PAPER WHICH WE CALL INDICTMENTS ARE NO
EVIDENCE OF GUILT. THEY ARE MERELY A FORMAL
MANNER OF ACCUSING A PERSON OF CRIME IN ORDER
TO BRING HIM BEFORE US FOR TRIAL. YOU MUST
NOT DRAW ANY INFERENCE OF GUILT FROM THE
INDICTMENTS OR FROM THE FACT THAT THE
DEFENDANT HAS BEEN FORMALLY CHARGED WITH A
CRIMINAL OFFENSE.
IN ANY CRIMINAL CASE, THE DEFENDANT
IS PRESUMED TO BE INNOCENT UNTIL HE IS PROVED
GUILTY BEYOND A REASONABLE DOUBT. THE LAW
REQUIRES THE COMMONWEALTH TO PROVE THE

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PAGE 99
DEFENDANT GUILTY BEYOND A REASONABLE DOUBT.
THE LAW DOES NOT REQUIRE THE DEFENDANT TO
PROVE HIS INNOCENCE OR TO PRODUCE ANY EVIDENCE
AT ALL. AT THE END OF THIS TRIAL, YOU MUST
FIND THE DEFENDANT NOT GUILTY UNLESS THE
COMMONWEALTH HAS PROVED TO YOU BEYOND
REASONABLE DOUBT THAT THE DEFENDANT HAS
COMMITTED THE OFFENSE OR OFFENSES WITH WHICH
HE IS CHARGED.
THE TRIAL IS GOING TO PROCEED IN THE
FOLLOWING ORDER. FIRST THE ATTORNEY FOR THE
COMMONWEALTH, AND THE ATTORNEY FOR THE
DEFENDANT, WILL HAVE AN OPPORTUNITY TO PRESENT
OPENING STATEMENTS TO YOU. AFTER THE
ASSISTANT DISTRICT ATTORNEY MAKES HIS OPENING
STATEMENT FOR THE COMMONWEALTH, THE DEFENSE
ATTORNEY MAY CHOOSE TO MAKE AN OPENING
STATEMENT IMMEDIATELY OR HE MAY POSTPONE DOING
SO UNTIL LATER IN THE TRIAL, OR HE MAY DECIDE
NOT TO DO SO AT ALL, SINCE THE BURDEN OF PROOF
IS ALWAYS ON THE COMMONWEALTH.
THE OPENING STATEMENTS OF THE
LAWYERS ARE NOT EVIDENCE. THEY ARE SOMEWHAT
LIKE ROAD MAPS FROM THE ATTORNEYS TO EXPLAIN

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PAGE 100
TO YOU WHAT THEY EXPECT WILL LIE AHEAD. WE
HAVE OPENING STATEMENTS TO ASSIST YOU TO
UNDERSTAND WHAT THE EVIDENCE IS GOING TO BE.
NEXT THE COMMONWEALTH WILL INTRODUCE
EVIDENCE IN SUPPORT OF THE CHARGES IN THESE
INDICTMENTS. AFTER THAT, THE DEFENDANT MAY
PRESENT EVIDENCE IN HIS OWN BEHALF IF HE
CHOOSES TO DO SO, BUT HE IS NOT OBLIGED TO DO
SO. REMEMBER THE BURDEN OF PROOF IS ALWAYS ON
THE COMMONWEALTH TO PROVE THAT THE DEFENDANT
IS GUILTY. THE LAW DOES NOT REQUIRE ANY
DEFENDANT TO PROVE HIS INNOCENCE OR AS I SAID
TO PRODUCE ANY EVIDENCE BEFORE US AT ALL.
NOW, AFTER ALL OF THE EVIDENCE IS
IN, EACH SIDE WILL HAVE AN OPPORTUNITY TO
OFFER YOU CLOSING ARGUMENTS ABOUT WHAT
CONCLUSIONS YOU MAY WISH TO DRAW FROM THE
EVIDENCE THAT YOU HAVE HEARD. I AGAIN REMIND
YOU THAT CLOSING ARGUMENTS OF THE ATTORNEYS,
JUST LIKE THE OPENING STATEMENTS, ARE NOT
EVIDENCE. WE HAVE THEM ONLY TO ASSIST YOU IN
UNDERSTANDING WHAT THE EVIDENCE IS AND WHAT
EACH PARTY SUGGESTS THAT THE EVIDENCE IS.
FINALLY, AFTER ALL THE EVIDENCE

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PAGE 101
COMES IN AND AFTER THE ATTORNEYS HAVE HAD A
CHANCE TO GIVE YOU THEIR CLOSING ARGUMENTS, I
WILL INSTRUCT YOU IN DETAIL ON THE PRINCIPLES
OF LAW WHICH YOU ARE TO APPLY IN YOUR
DELIBERATIONS WHEN YOU RETIRE UPSTAIRS TO
CONSIDER YOUR VERDICT. YOUR VERDICT WHETHER
IT IS GUILTY OR NOT GUILTY, DEPENDING UPON HOW
MANY OF THE INDICTMENTS YOU FIND THE DEFENDANT
GUILTY OR NOT GUILTY ON, MUST BE UNANIMOUS.
SO WHATEVER VERDICT YOU RETURN ON THE FOUR
INDICTMENTS, HAS TO BE UNANIMOUS ONE WAY OR
THE OTHER.
LET ME NOW SPEAK WITH YOU BRIEFLY
ABOUT YOUR FUNCTIONS AS THE JURY AND MINE AS
THE JUDGE IN THIS CASE.
MY RESPONSIBILITY IS TO SEE THAT THE
CASE IS TRIED IN A WAY THAT IS ORDERLY, FAIR
AND EFFICIENT. IT IS ALSO MY FUNCTION TO
DECIDE ANY QUESTIONS OF LAW THAT MAY COME UP
DURING THE TRIAL AND TO INSTRUCT YOU ABOUT THE
LAW THAT APPLIES TO THIS CASE. IT IS YOUR
DUTY AS THE JURY TO ACCEPT THE LAW AS I GIVE
IT TO YOU.
YOUR FUNCTION, ON THE OTHER HAND, AS

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PAGE 102
THE JURY IS TO DETERMINE THE FACTS. YOU ARE
THE SOLE AND EXCLUSIVE JUDGES OF THE FACTS.
YOU ALONE DETERMINE WHAT EVIDENCE TO BELIEVE.
HOW IMPORTANCE ANY EVIDENCE IS THAT YOU DO
BELIEVE AND WHAT CONCLUSIONS ALL THE
BELIEVABLE EVIDENCE LEAD YOU TO. YOU WILL
HAVE TO CONSIDER AND WEIGH THE TESTIMONY OF
ALL OF THE WITNESSES WHO WILL APPEAR BEFORE
YOU. AND YOU ALONE WILL DETERMINE WHETHER TO
BELIEVE ANY WITNESS AND THE EXTENT TO WHICH
YOU BELIEVE ANY WITNESS. IT IS PART OF YOUR
RESPONSIBILITY TO RESOLVE ANY CONFLICTS IN THE
TESTIMONY THAT MAY ARISE DURING THE COURSE OF
THIS TRIAL AND TO DETERMINE WHERE THE TRUTH
LIES. ULTIMATELY, YOU MUST DETERMINE WHETHER
OR NOT THE COMMONWEALTH HAS PROVED THE CHARGES
IN THESE INDICTMENTS BEYOND REASONABLE DOUBT.
DURING THE COURSE OF THE TRIAL, I
WILL BE SPEAKING WITH BOTH ATTORNEYS AND
RULING ON THEIR MOTIONS AND OBJECTIONS. I MAY
POSE QUESTIONS TO WITNESSES, AND I WILL BE
INSTRUCTING YOU IN THE LAW BOTH NOW AND DURING
THE TRIAL, AND DURING THE END. WHEN I DO SO,
YOU ARE NOT TO TAKE ANY OF MY WORDS OR

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EXPRESSIONS AS ANY INDICATION OF MY OWN
OPINION AS TO THE DEFENDANT'S GUILT OR
PAGE 103
INNOCENCE. IF YOU COME TO BELIEVE DURING THE
COURSE OF THIS TRIAL THAT I HAVE AN OPINION AS
TO ANY DISPUTED FACT IN THE CASE, DISREGARD
IT. THAT IS YOUR AREA OF RESPONSIBILITY.
WILL NOT TRESPASS UPON YOUR FUNCTION, WHICH IS
TO DETERMINE ULTIMATELY GUILT OR INNOCENCE AND
THE DISPUTED FACTS OF THIS CASE.
YOU MUST DECIDE THIS CASE SOLELY ON
THE EVIDENCE THAT IS PRESENT IN THIS
COURTROOM. THE EVIDENCE WOULD INCLUDE THE
SWORN TESTIMONY WHICH WE'LL GET FROM THE
WITNESSES WHO COME TO THIS WITNESS BOX, ANY
EXHIBITS THAT ARE ADMITTED INTO EVIDENCE, AND
ANY FACTS WHICH I TELL YOU HAVE BEEN AGREED TO
BY BOTH SIDES OR FACTS WHICH I INDICATE YOU
MAY TAKE AS A MATTER OF COMMON KNOWLEDGE.
QUESTIONS TO WITNESSES, NO MATTER
HOW ARTFULLY PHRASED, EITHER FROM ME OR FROM
THE ATTORNEYS, ARE NOT EVIDENCE. ONLY THE
ANSWERS WHICH COME BACK TO THOSE QUESTIONS
FROM THE WITNESSES WHO ARE ON THE STAND UNDER
OATH ARE OR IS EVIDENCE. IF ONE OF THE
I

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PAGE 104
ATTORNEYS OR I PREFER TO SOME PART OF THE
EVIDENCE THAT DOES NOT COINCIDE WITH YOUR
RECOLLECTION OF WHAT THE EVIDENCE IS, IT IS
YOUR RECOLLECTION WHICH COUNTS AND WHICH YOU
ARE TO FOLLOW IN YOUR DELIBERATIONS.
DURING THE TRIAL THE ATTORNEYS MAY
OBJECT TO QUESTIONS OR STATEMENTS THAT THEY
MAKE THAT MAY NOT BE ADMISSIBLE UNDER OUR
RULES OF EVIDENCE. THAT IS THEIR
RESPONSIBILITY, AND YOU SHOULD NOT LOOK
NEGATIVELY IN ANY WAY UPON A LAWYER WHO MAKES
AN OBJECTION. THAT IS THEIR JOB, AND WE WOULD
THINK LESS OF THEM IF THEY DIDN'T DO IT.
NOW, IF I AGREE WITH AN OBJECTION,
THE TERM I WILL PROBABLY USE IS SUSTAINED.
YOU ARE TO DISREGARD THE QUESTION AND YOU ARE
NOT TO SPECULATE AS TO WHAT THE ANSWER MAY
HAVE BEEN. IN THE SAME WAY YOU ARE TO
DISREGARD ANY EVIDENCE THAT I THINK YOU OR
TESTIMONY THAT I THINK IS STRUCK FROM THE
RECORD AND THAT YOU ARE NOT TO CONSIDER. IF I
REJECT OR OVERRULE AN OBJECTION FROM ONE OF
THE PARTIES, THAT MEANS I AM GOING TO PERMIT
THE WITNESS TO ANSWER THE QUESTION. AND YOU

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MAY, OF COURSE, CONSIDER THE ANSWER THAT COMES
BACK. YOU ARE NOT TO GIVE THAT ANSWER,
HOWEVER, ANY MORE WEIGHT THAN YOU WOULD HAVE
GIVEN IT IF NO OBJECTION WERE MADE.
YOU ARE NOT TO CONCERN YOURSELVES
WITH WHAT PUNISHMENT THE DEFENDANT MIGHT
RECEIVE IF HE IS CONVICTED. THE DUTY OF
IMPOSING SENTENCE IN THE EVENT OF CONVICTION,
THE LAW PLACES EXCLUSIVELY ON ME AS THE JUDGE,
AND THAT ISSUE SHOULD NOT INFLUENCE YOUR
DELIBERATIONS IN ANY WAY ON THE QUESTION OF
GUILT OR INNOCENCE. YOU SHOULD WEIGH THE
EVIDENCE IN THIS CASE AND DETERMINE GUILT OR
INNOCENCE OF THE DEFENDANT BASED SOLELY UPON
THE EVIDENCE WITHOUT ANY CONSIDERATION OR
CONCERN ABOUT WHAT PUNISHMENT MAY RESULT.
NOW, IF IT BECOMES NECESSARY DURING
THIS TRIAL TO COMMUNICATE WITH ME, YOU MAY
SEND ME A SIGNED NOTE THROUGH THE COURT
OFFICER. THIS SHOULD NORMALLY BE DONE THROUGH
YOUR FORELADY. PLEASE DO NOT COMMUNICATE WITH
ME BY ANY OTHER MEANS. DURING THIS CASE YOU
MAY NOT, OF COURSE, COMMUNICATE WITH THE
LAWYERS, THE DEFENDANT OR THE WITNESSES AT

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ALL.
PAGE 106
BEAR IN MIND ALSO THAT YOU ARE NOT
TO TELL ANYONE HOW THE JURY STANDS NUMERICALLY
OR OTHERWISE ON THE QUESTION OF GUILT OR
INNOCENCE UNTIL AFTER YOU HAVE REPORTED A
UNANIMOUS VERDICT TO ME. YOU SHOULD NOT EVEN
VOLUNTEER SUCH INFORMATION TO ME, EVEN IN THE
COURTROOM HERE, UNLESS I DIRECTLY ASK YOU FOR
SUCH INFORMATION ON THE RECORD HERE IN THE
COURTROOM.
NOW, UNTIL THIS CASE IS SUBMITTED TO
YOU AFTER MY FINAL INSTRUCTIONS, YOU MUST NOT
DISCUSS IT WITH ANYONE, EVEN WITH YOUR FELLOW
JURORS AND YOUR FAMILIES. NOW, I KNOW IT
SOUNDS RATHER STRANGE FOR ME TO TELL YOU NOT
TO DISCUSS THE CASE WITH YOUR FELLOW JURORS,
BECAUSE AFTER ALL ISN'T THAT WHAT YOU ARE
SUPPOSE TO DO? YOU KNOW, YOU ARE HERE FOR
DELIBERATIONS. NO. NOT UNTIL WE GIVE YOU THE
ENTIRETY OF THE CASE. WE WANT TO AVOID WHAT
IS KNOWN AS PREMATURE DELIBERATIONS. WE DON'T
WANT YOU MAKING UP YOUR MIND AND CONSIDERING
THE ULTIMATE QUESTIONS OR FACT QUESTIONS IN
THIS CASE UNTIL YOU HEARD BOTH SIDES OF THE

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PAGE 107
STORY. UNLESS YOU HAVE HEARD THE INSTRUCTIONS
FROM ME. SO THEREFORE, WE ASK YOU TO REFRAIN
FROM ANY SORT OF DISCUSSION WITH YOURSELVES,
AMONG YOURSELVES EVEN, AND CERTAINLY NOT WITH
FAMILY MEMBERS OR ANYBODY OUTSIDE THE JURY.
AFTER THE CASE IS SUBMIT TO YOU, YOU
MAY DISCUSS IT, BUT ONLY IN THE JURY ROOM AND
ONLY WITH ALL OF YOUR FELLOW JURORS PRESENT.
THAT IS AFTER WE HAVE GIVEN YOU THE CASE UPON
CLOSING ARGUMENTS AND CLOSING INSTRUCTIONS
FROM ME. IT IS IMPORTANT THAT YOU KEEP AN
OPEN MIND AND NOT DECIDE ANY ISSUE IN THE CASE
UNTIL THE ENTIRE CASE HAS BEEN SUBMITTED TO
YOU WITH INSTRUCTIONS FROM ME.
NOW, JUST A FEW MOMENTS AGO YOU TOOK
AN OATH FROM MR. O'CONNOR THAT YOU WOULD WELL
AND TRULY TRY THE ISSUE BETWEEN THE
COMMONWEALTH AND THE DEFENDANT ACCORDING TO
THE EVIDENCE. IF YOU FOLLOW THAT OATH, AND IF
YOU TRY THE ISSUES WHICH WILL SHORTLY COME
BEFORE YOU WITHOUT FEAR, WITHOUT PREJUDICE,
WITHOUT BIAS, WITHOUT SYMPATHY, I'M SURE THAT
YOU ARE GOING TO ARRIVE AT A TRUE AND JUST
VERDICT.

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PAGE 108
NOW, BEFORE I CALL UPON COUNSEL TO
ADDRESS YOU, LET ME SAY ALSO JUST FOR YOUR
INFORMATION, THAT THE HOURS OF THIS COURT
CUSTOMARILY ARE 9 TO 4. WE'LL EXPECT YOU BACK
HERE TOMORROW MORNING. THE OFFICERS WILL TELL
YOU IN MORE DETAIL, BUT I WOULD LIKE TO GET
YOU IN THE BOX AND GET STARTED AT 9 O'CLOCK.
SO IF YOU CAN GET HERE BEFORE THAT, THAT IS
MUCH APPRECIATED. THE REASON I DO THAT IS
THAT I MADE A PROMISE TO YOU AND I SINCERELY
HOPE WE CAN KEEP IT, THAT THIS CASE WILL BE
OVER BY FRIDAY. SO IF WE CAN GET GOING FIRST
THING IN THE MORNING, THAT WILL BE A LOT
BETTER. IF SOMEBODY HAS SOME TRANSPORTATION
DIFFICULTIES, OBVIOUSLY WE ARE NOT GOING TO
LINE YOU UP AND SHOOT YOU. OBVIOUSLY WE
UNDERSTAND THOSE ARE PROBLEMS. BUT I WILL ASK
THAT YOU GET HERE AS CLOSE TO 9 O'CLOCK AS YOU
POSSIBLY CAN.
ON THE OTHER HAND, WE USUALLY BREAK
FOR LUNCH FROM 1 TO 2. WE TAKE A MORNING
BREAK BECAUSE YOU CAN'T SIT THERE FOR FOUR
HOURS WITHOUT GOING NUTS ANYWAY. SO, WE'LL
TAKE A MORNING BREAK AND MAYBE A SHORT BREAK

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PAGE 111
FROM SEVERAL WITNESSES, THERE ARE PROBABLY SAY
EIGHT PEOPLE OR SO WILL TELL YOU THAT THEY
HEARD SOME WILL SAY THEY HEAR A BEER BOTTLE
SMASHED, COUPLE WILL SAY THEY SAW THE
DEFENDANT SMASH THIS BEER BOTTLE AGAINST THE
POST. THERE HAPPENED TO BE A COUPLE OF YOUNG
WOMEN SITTING NEAR THE DEFENDANT. WHEN HE
SMASHED IT AGAINST THE POST, THE GLASS FROM
THE BEER BOTTLE WENT INTO ONE OF THE YOUNG
WOMAN'S EYES, HER NAME IS CHRISTINA MANN, SHE
IS HERE. SHE WILL BE THE FIRST WITNESS THIS
AFTERNOON. YOU WILL HEAR THAT THE GLASS WENT
AROUND HER EYE AND SHE WAS CUT VERY BADLY.
SHE WAS BLEEDING. AT THAT TIME SOME OF THE
PEOPLE IN THE BAR ATTENDED TO HER. THERE IS A
MR. SAWYER, THE BARTENDER, THEY GOT HER A
TOWEL AND THEY STOPPED THE BLEEDING.
AT THE SAME TIME THE OTHER PEOPLE IN
THE BAR WILL TELL YOU THAT THEY LOOKED OVER
AND THEY SAW THE DEFENDANT STANDING THERE WITH
THIS BEER BOTTLE, AND HE IS WAVING THE BROKEN
BEER BOTTLE NOW, HE IS WAVING THIS BEER BOTTLE
AT ALL OF THE PEOPLE IN THE BAR. HE THEN
BACKED OUT OF THE BAR AND SPRINTS UP THE

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PAGE 113
RESTRAIN THE DEFENDANT. HE TACKLES HIM. SORT
OF TACKLES HIM OR WRESTLES HIM. AS HE GETS
HIM IN THIS HUG, HIS ARMS WRAPPED AROUND THE
DEFENDANT, THE DEFENDANT AT THAT TIME REACHES
UP AND TRIES TO POKE OUT HIS EYEBALL. HE
STICKS HIS FINGER IN KING'S EYE BECAUSE KING
HAS HIM AROUND HIS ARMS. HE HAS ONE ARM FREE
AND HE STICKS HIS FINGER, THUMB THE FIRST
TIME, THE THUMB IS IN KING'S EYE AND KING
RELEASES HIM.
WHEN THEY ARE RELEASED, THEY GOT
BACK TOGETHER AGAIN, KING GETS ON HIM, THEY
ARE ON THE GROUND, KING NOW IS ON THE
DEFENDANT, THE OTHER PEOPLE THAT HAD FOLLOWED
FROM THE BAR ALL ARRIVE AT THAT TIME, THEY SEE
KING ON TOP OF THE DEFENDANT, KING'S EYE IS
BLEEDING TERRIBLY. HE SAYS THE DEFENDANT
REACHED UP A SECOND TIME AND GRABBED HIS
EYEBALL AGAIN, THIS TIME HIS FINGERNAIL IS ON
THE OTHER SIDE OF THE SAME EYE, AND HE IS
TRYING TO DIG OUT THE EYE. AT THAT TIME THE
OTHER PEOPLE ALL CAME AND GOT ON TOP OF THE
DEFENDANT.
NOW, THE WORCESTER POLICE ARRIVE

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YOU ARE GOING TO HEAR SOME LITTLE THINGS
DIFFERENT ABOUT THEIR TESTIMONY, AND I'D
PAGE 115
SUGGEST TO YOU THAT IS TO BE EXPECTED FROM
ANYBODY. THEY ALL HAD DIFFERENT PERCEPTIONS.
THEY HAD LITTLE DIFFERENCE.
BUT THE MAIN THING IS WHAT I JUST
TOLD YOU IS THE EVIDENCE YOU ARE GOING TO HEAR
FROM THE COMMONWEALTH. IT IS GOING TO BE THAT
SHORT. I ASK YOU TO LISTEN FAIRLY FROM THE
EVIDENCE NOT ONLY FROM THE COMMONWEALTH, BUT
FROM ALL OF THE WITNESSES. AT THE CONCLUSION
OF THE TRIAL I WILL BE STANDING UP IN FRONT OF
YOU AND I WILL BE ASKING THAT YOU FIND THIS
DEFENDANT WAS, IN FACT, DISORDERLY, THAT HE
DID, IN FACT, HIT KING, THAT HE DID, IN FACT,
SWING THAT BROKEN BEER BOTTLE, NOT ONLY AT THE
GIRL, KING IS NAMED AS A VICTIM WHERE THE
BOTTLE WAS SWUNG AT HIM. SO YOU HAVE ASSAULT
AND BATTERY, ASSAULT DANGEROUS WEAPON, THE
BEER BOTTLE, AND ALSO TRIED TO TAKE OUT KING'S
EYE ON TWO SEPARATE OCCASIONS. THANK YOU.
THE COURT: ALL RIGHT. THANK YOU,
SIR. MR. ALOISE, YOU CARE TO OPEN AT THIS
POINT?

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PAGE 117
COMMITTED THE ASSAULT, OUGHT TO BE THOMAS KING
AND NOT MR. ELBERRY.
BAR IN A MOMENT.
MR. BALL: OBJECTION.
THE COURT: WE'LL TAKE IT UP AT SIDE
MR. ALOISE: REGARDING WHAT THE
JUDGE ALSO INSTRUCTED YOU ON A FEW MOMENTS
AGO, LADIES AND GENTLEMEN. HE TOLD YOU ABOUT
SOME LEGAL PRINCIPLES WHICH HE INDICATED YOU
WILL HEAR FROM AGAIN AT THE CONCLUSION OF THE
CASE. ONE THING HE MENTIONED WAS BURDEN OF
PROOF, AND HE SAID THAT YOU MUST BE CONVINCED
UNANIMOUSLY BEYOND A REASONABLE DOUBT ON EACH
ONE OF THE INDICTMENTS. AND I WOULD SUBMIT TO
YOU THAT IT IS ANTICIPATED THAT THE JUDGE AT
THE CONCLUSION OF THE CASE WILL DEFINE FOR YOU
LEGALLY WHAT WE MEAN WHEN WE TALK ABOUT BURDEN
OF PROOF, WHAT WE MEAN WHEN WE TALK ABOUT
REASONABLE DOUBT. HE ALSO MENTIONED THE
PHRASE PRESUMPTION OF INNOCENCE. AND HE WILL
HAVE AN OBLIGATION TO EXPLAIN THAT TO YOU AT
THE CONCLUSION OF THE CASE.
THERE ARE SEVERAL OTHER LEGAL
PRINCIPLES THAT I WOULD ASK YOU TO KEEP IN

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PAGE 118
MIND. IT IS NOT MY PROVINCE OR MR. BALL'S
PROVINCE TO INSTRUCT YOU ON THE LAW. THAT IS
ONE OF THE FUNCTIONS OF THE COURT. BUT I WANT
YOU TO KEEP IN MIND AS YOU HEAR THE EVIDENCE,
AS YOU SIFT THROUGH THE TESTIMONY OF THE
WITNESSES, TO KEEP IN MIND NOT ONLY WHAT THE
JUDGE HAS INDICATED ABOUT BURDEN OF PROOF AND
PRESUMPTION OF INNOCENCE, BUT ALSO LEGAL
PRINCIPLES INVOLVING ARREST POWERS, LEGAL
PRINCIPLES INVOLVING SELF-DEFENSE, LEGAL
PRINCIPLES INVOLVING INCONSISTENT STATEMENTS.
I WILL ASK YOU WITHOUT ME NOW IDENTIFYING OR
DEFINING THOSE PRINCIPLES, TO JUST THINK ABOUT
THE FACT THAT THEY ARE INVOLVED IN THIS
PARTICULAR CASE AS YOU LISTEN TO THE EVIDENCE
UNFOLD, AND THEN YOU WILL HAVE AN OPPORTUNITY
TO HEAR WHAT THE LEGAL DEFINITIONS OF THOSE
PRINCIPLES ARE WHEN THE COURT HAS THE
OPPORTUNITY TO INSTRUCT YOU.
THERE IS VERY LITTLE I WOULD SUBMIT
TO YOU, LADIES AND GENTLEMEN, IN THIS CASE
THAT IS AGREED UPON. VERY LITTLE. ONE THING
THAT IS AGREED UPON, HOWEVER, IS THE FACT THAT
ON THE EVENING OR EARLY MORNING OF SEPTEMBER

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PAGE 119
28TH, SEPTEMBER 29TH, 1992, MR. ELBERRY, MY
CLIENT, AND THOMAS KING FOUND THEMSELVES AT
THE WINNERS CIRCLE BAR ON SHREWSBURY STREET IN
THE CITY OF WORCESTER. I THINK IT IS FAIRLY
CLEAR, IT WILL BE DESCRIBED TO YOU, THE
WINNERS CIRCLE WILL BE DESCRIBED TO YOU AS A
SMALL TAVERN, NEIGHBORHOOD BAR ON SHREWSBURY
STREET.
THAT SOME TIME, RATHER, AT THAT TIME
IN SEPTEMBER OF 1992, WORKING AS THE ONLY
EMPLOYEE THAT PARTICULAR NIGHT WAS A PERSON
WHO WILL BE IDENTIFIED AS JEFFREY SCHLENER.
MR. SCHLENER I WOULD SUSPECT WILL TESTIFY HE
HAD BEEN AN EMPLOYEE FOR SOME PERIOD OF TIME
AT THE WINNERS CIRCLE, HE WAS EITHER WORKING
HIS LAST NIGHT OR NEXT TO LAST NIGHT BEFORE
CHANGING EMPLOYMENT AND BECOMING A BARTENDER
AT TWEEDS HERE IN THE CITY OF WORCESTER. AT
ANY TIME MR. SCHLENER WILL INDICATE THAT
CLOSING TIME ON THAT PARTICULAR NIGHT WAS 1:30
AM OR 2 O'CLOCK A.M. THE LAST TIME YOU COULD
ORDER A DRINK BEING AT APPROXIMATELY 1:30 OR.
SO YOU WILL HEAR EVIDENCE THAT MR.
KING ARRIVED AT THE BAR SOME TIME AFTER. YOU

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PAGE 121
GIVE IT UP AND FULFILL A LIFELONG DREAM OF
BECOMING AN OWNER OF A BARROOM, WHICH HE DID
FOR NINE YEARS. YOU WILL HEAR EVIDENCE THAT
HE OWNED AN ESTABLISHMENT, ANOTHER LOCAL
TAVERN KNOWN AS MULCAHY'S CAFE AT WEBSTER
SQUARE IN THE CITY OF WORCESTER. THAT AS A
RESULT OF FACTORS BEYOND MR. ELBERRY'S
CONTROL, SOME TIME BEFORE SEPTEMBER 29TH,
1992, MR. ELBERRY LOST THAT BAR. WENT OUT OF
BUSINESS, AND WAS SENSITIVE AND EFFECTED
ADVERSELY BY THE FACT THAT HE LOST HIS
BUSINESS.
IN ANY EVENT ON THAT PARTICULAR
NIGHT OR EARLY MORNING OF SEPTEMBER 29TH, MR.
ELBERRY WENT INTO THAT WINNERS CIRCLE FOR LAST
CALL. HE SAT AT THE BAR, AND YOU WILL HEAR
EVIDENCE AS TO WHERE HE SAT, WHERE THE OTHERS
SAT. THAT MR. ELBERRY ASKED FOR A DRINK AND
HE ORDERED A ROLLING ROCK BEER, WHICH CAME IN
A BOTTLE. MR. SCHLENER SERVED THAT BEER TO
HIM. YOU WILL FURTHER HEAR EVIDENCE AFTER HE
SERVED THE BEER, MR. SCHLENER BEGAN TO BERATE
MR. ELBERRY. HE BEGAN TO MAKE COMMENTS ABOUT
THE FACT THAT MR. ELBERRY HAD LOST HIS

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PAGE 122
BARROOM, THAT HE HAD LOST HIS BUSINESS. AND
YOU WILL HEAR EVIDENCE I WOULD SUSPECT THAT
MR. SCHLENER AT LEAST SUBSEQUENT TO THE
INCIDENT FELT SORRY FOR THE FACT THAT HE HAD
INSULTED MR. ELBERRY.
YOU WILL HEAR EVIDENCE THAT AS A
RESULT OF THESE INSULTS OR AS A RESULT OF
THESE COMMENTS, MR. ELBERRY AND MR. SCHLENER
GOT INTO A VERBAL ALTERCATION WITH EACH OTHER,
NOT A PHYSICAL ONE. IN FACT, DURING THE
COURSE OF THE WORDS THAT WERE EXCHANGED
BETWEEN MR. ELBERRY AND MR.SCHLENER, MR.
SCHLENER SERVED HIM ANOTHER BEER. SO THAT THE
EVIDENCE WILL BE THAT -- BEFORE THE INCIDENT
OCCURRED, MR. ELBERRY HAD BEEN SERVED TWO
ROLLING ROCKS.
YOU WILL HEAR EVIDENCE THAT MR. KING
WAS IN FACT OFF DUTY. YOU WILL HEAR THAT HE
WAS, IN FACT, AND IS A WESTBORO POLICE
OFFICER. THAT HE WAS IN THE CITY OF WORCESTER
THAT NIGHT HAVING GOT OUT OF WORK, HAVING
WORKED THE 3 TO 11 SHIFT. GOT OUT SOME TIME
AT 11 O'CLOCK AND ENDED UP AT THE WINNERS
CIRCLE NOT IN UNIFORM, NOT WITH ANY

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PARAPHERNALIA THAT YOU COMMONLY ASSOCIATE WITH
A POLICE OFFICER SUCH AS A GUN, BILLY CLUB OR
WHAT NOT. IN ANY EVENT, MR. KING WILL
TESTIFY, I SUSPECT, THAT HE HAD A COUPLE OF
DRINKS. I BELIEVE HE SAID VODKA WITH EITHER
CRANBERRY JUICE OR GRAPEFRUIT, OR SOME DRINK
ALONG THOSE LINES.
WHEN MR. ELBERRY AND MR. SCHLENER
GOT INTO THAT VERBAL ALTERCATION, YOU WILL
HEAR EVIDENCE FROM MR. SCHLENER THAT IT WAS
BETWEEN HE AND MR. ELBERRY. THAT IS NO ONE
ELSE BECAME INVOLVED. THAT NO ONE ELSE TOLD
THEM TO QUIET DOWN. THAT NO ONE ELSE SAID
THEY WERE DISTURBED.
AT SOME POINT WHILE THIS WAS GOING
ON, MR. KING, SEATED SEVERAL BAR STOOLS AWAY,
TOOK IT UPON HIMSELF TO GET UP, WALK SEVERAL
FEET TO WITHIN SHORTLY MORE THAN ARM'S LENGTH
FROM MR. ELBERRY WHO IS STILL SEATED IN A
STOOL, AND TELL MR. ELBERRY IN NO UNCERTAIN
TERMS TO SHUT UP AND NOT TO BOTHER MR.
SCHLENER.
AT ONE POINT ANOTHER INDIVIDUAL WHO
WAS ALSO FRIENDLY WITH MR. SCHLENER AND NOT

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PAGE 125
YOU WILL HEAR EVIDENCE THAT AT THAT
POINT MR. ELBERRY HAVING BEEN APPROACHED BY
SEVERAL INDIVIDUALS, WENT OUT OF THE BARROOM,
OUT THE FRONT DOOR ONTO SHREWSBURY STREET.
YOU WILL HEAR EVIDENCE THAT HIS INTENT WAS TO
GET INTO HIS CAR, WHICH WAS PARKED DIRECTLY
OUTSIDE THE WINNERS CIRCLE ON SHREWSBURY
STREET ON THE SAME SIDE OF THE STREET. BUT AS
HE WENT OUT THE DOOR, MR. KING, TOGETHER WITH
FOUR OTHER INDIVIDUALS, ALL FRIENDLY TO MR.
KING, RAN OUT, CHASED MR. ELBERRY
APPROXIMATELY A 100 YARDS, AND YOU WILL SEE
SOME PHOTOGRAPHS WHICH WILL EVIDENCE THE
PROXIMATE LOCATIONS. THAT MR. ELBERRY CAME
OUT, HAD NO TIME TO GO DIRECTLY TO HIS MOTOR
VEHICLE BECAUSE HE COULDN'T GET THE KEY OUT IN
TIME TO OPEN IT UP WITH FOUR, FIVE PEOPLE
RIGHT BEHIND HIM. THAT MR. ELBERRY TURNED
LEFT AND WENT TOWARD SHREWSBURY STREET. AND
AS HE WAS RUNNING WITH MR. KING DIRECTLY
BEHIND HIM, AND THE OTHER FOUR DIRECTLY BEHIND
KING, MR. ELBERRY FEARFUL THAT HE WAS GOING TO
BE TACKLED FROM BEHIND OR FALL ON HIS FACE, AT
SOME PART OF THE CHASE TURNED THE OTHER WAY

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PAGE 126
AND STARTED RUNNING BACKWARDS SO HE COULD SEE
WHO WAS PURSUING HIM.
AT ONE POINT WHEN HE GOT TO THE AREA
OF HARPIES, WHICH IS AN AUTO -- WILL BE
DESCRIBED AS AN AUTO BODY SHOP, MAYBE 75 TO A
100 YARDS AWAY FROM WHERE MR. ELBERRY CAME OUT
OF THE WINNERS CIRCLE, MR. KING, AN OFF DUTY
POLICE OFFICER, WITH NO JURISDICTION OR NOT IN
HIS OWN JURISDICTION IN THE CITY OF WORCESTER
MR. BALL: I OBJECT.
THE COURT: MR. ALOISE.
MR. ALOISE: I'M SORRY, YOUR HONOR.
IN ANY EVENT, TACKLED MR. ELBERRY. TACKLED
HIM, PUT HIM TO THE GROUND, ROLLED HIM OUT
INTO THE STREET OVER THE BERM OR OVER THE CURB
INTO SHREWSBURY STREET. YOU WILL HEAR
EVIDENCE THAT MR. ELBERRY SUSTAINED INJURIES
AS A RESULT OF THIS, AND THAT MR. KING WAS ON
TOP OF HIM BEATING HIM. MR. ELBERRY WAS
TRYING TO DEFEND HIMSELF AND PUSHING AWAY. AT
WHICH POINT OR AT THE SAME TIME OTHER
INDIVIDUALS THAT HAD BEEN CHASING MR. ELBERRY
ALONG WITH MR. KING LIKEWISE JUMPED ON TOP OF

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MR. ELBERRY. WHEN THE WORCESTER POLICE
PAGE 127
ARRIVED, IN FACT MR. ELBERRY WAS FACED DOWN ON
SHREWSBURY STREET WITH AT LEAST THREE
INDIVIDUALS AND MAYBE MORE ON TOP OF MR.
ELBERRY.
YOU WILL HEAR EVIDENCE THAT THE
POLICE, THE WORCESTER POLICE, SAID THAT THEY
CONDUCTED AN INVESTIGATION, AND THAT THE
ADEQUATE INVESTIGATION ENTAILED HAVING
RECEIVED THE DISPATCH WHICH MADE THEM RESPOND
TO BEGIN WITH, AND THEN HAVING OBSERVED MR.
ELBERRY, ALTHOUGH NOT ASKING MR. ELBERRY ANY
QUESTIONS
LATER.
MR. BALL: I OBJECT.
THE COURT: WE'LL DEAL WITH IT
MR. ALOISE: AND THEN GOING TO THE
HOSPITAL WHERE MR. KING HAD APPARENTLY BEEN
TAKEN BY TWO PASSERSBY WHO JUST HAPPENED TO BE
DRIVING BY ON SHREWSBURY STREET, SPEAKING WITH
MR. KING. AND THE OFFICER I'M MAKING
REFERENCE TO IS AN OFFICER GERALD PERMA FROM
THE WORCESTER POLICE DEPARTMENT, THAT OFFICER
PERMA SPOKE WITH MR. KING, AND THEN FILED

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CHARGES AGAIN MR. ELBERRY AS A RESULT OF
SPEAKING TO MR. KING.
PAGE 128
YOU WILL ALSO HEAR EVIDENCE THAT AN
ATTEMPT WAS MADE BY OFFICER PERMA AND THE
WORCESTER POLICE DEPARTMENT TO LOCATE THIS
WOMAN WHO HAD BEEN INJURED. AND THEY CHECKED,
I WOULD SUSPECT YOU WILL HEAR, THE AREA
HOSPITALS TO SEE IF ANYBODY HAD GONE IN WITH
AN INJURY, EYE INJURY, FACE INJURY; AND THE
RESULT OF THAT INVESTIGATION WAS THAT THEY
COULDN'T FIND THIS PERSON.
NOW, AS MR. BALL INDICATED THERE
WILL BE TESTIMONY APPARENTLY FROM A CHRISTINA
MANN, WHO IS IDENTIFYING HERSELF AS THE
INDIVIDUAL WHO WAS IN FACT INJURED, AND WHOM I
WOULD SUSPECT IS GOING TO TELL YOU THAT SHE
LEFT WITH THE CUT. SHE WAS INITIALLY TREATED
IN THE BAR BY A PERSON I THINK MR. BALL
ALREADY IDENTIFIED AS STEPHEN SAWYER, WHO I
THINK WILL TELL YOU HE IS A CHIROPRACTOR WITH
A PRACTICE IN WORCESTER, BUT HAVING SOME
MEDICAL BACKGROUND, HE INITIALLY STAYED
INSIDE, MADE SURE THAT THE CUT WAS NOT SERIOUS
OR AT LEAST ATTENDED TO IT, AND THEN ESCORTED

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THE YOUNG WOMAN OUTSIDE TO GET INTO HER
PAGE 129
VEHICLE OR TO A FRIEND'S VEHICLE, AND THEN
WENT OFF TO UNIVERSITY OF MASSACHUSETTS
HOSPITAL WHERE SHE WAS TREATED WITH A
BUTTERFLY STITCH ON HER CHEEK BELOW HER EYE.
YOU WILL HEAR EVIDENCE THAT SHE WAS LATER
CONTACTED IN SOME FASHION REGARDING HER
TESTIMONY HERE.
NOW, YOU MAY HEAR EVIDENCE OR YOU
MAY HEAR REFERENCE DEPENDING UPON HOW THE
EVIDENCE UNFOLDS, OF A PRELIMINARY HEARING
THAT TOOK PLACE IN THIS COURTHOUSE IN THE
DISTRICT COURT ON THE 4TH FLOOR. YOU MAY HEAR
IT IN THIS CONNECTION. WITNESSES MAY TESTIFY,
AND I THINK MR. BALL MADE A PASSING REFERENCE
TO THIS, WITNESSES MAY TESTIFY, AND IF THOSE
WITNESSES ALSO TESTIFIED SOME MONTHS AGO AT
THE PROBABLE CAUSE HEARING OR THE PRELIMINARY
HEARING, THEIR EVIDENCE OR THEIR TESTIMONY HAS
BEEN RECORDED. AND BOTH MYSELF AND MR. BALL
HAVE A TRANSCRIPT OF ALL OF THAT TESTIMONY.
SO TO THE EXTENT THAT WE ASK A WITNESS, DO YOU
RECALL ON SUCH AND SUCH A DAY TESTIFYING TO
SUCH AND SUCH A FACT, WE ARE REFERRING TO

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PAGE 130
EITHER THE TRANSCRIPT OF THAT PRELIMINARY
HEARING, OR AT LEAST IN THE CASE OF MR. KING,
TO HIS TESTIMONY BEFORE THE GRAND JURY IN
ORDER TO SECURE THE INDICTMENT WHICH THE COURT
HAS ALREADY TALKED ABOUT IN TERMS OF GETTING
THE CASE HERE FOR TRIAL.
IN A NUTSHELL, LADIES AND GENTLEMEN,
YOU ARE GOING TO HEAR EVIDENCE THAT ON THAT
PARTICULAR EVENING MR. ELBERRY WAS ASSAULTED.
YOU ARE GOING TO HEAR EVIDENCE THAT MR.
ELBERRY RECEIVED INJURY. YOU ARE GOING TO
HEAR EVIDENCE THAT MR. ELBERRY WAS ATTEMPTING
TO DEFEND HIMSELF, NOT JUST FROM MR. KING, BUT
FROM MR. KING AND AT LEAST FOUR OTHER
INDIVIDUALS. AND THAT IS WHY I HAVE ASKED YOU
TO KEEP IN MIND THOSE LEGAL PRINCIPLES THAT
WILL NOT DEFINE NOW AND THE COURT MAY, I WOULD
SUSPECT, DEFINE THEM LATER SELF-DEFENSE,
INTENT, INCONSISTENT STATEMENTS, ARREST
POWERS, THOSE ARE THE THINGS THAT WILL FIGURE
INTO THIS CASE AND INTO YOUR ANALYSIS OF IT.
WHEN ALL IS SAID AND DONE, MYSELF
FIRST, AND MR. BALL LAST, WILL HAVE AN
OPPORTUNITY TO ADDRESS YOU AGAIN IN A CLOSING
I

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PAGE 132
WOULD BE WHEN HE MADE REFERENCE TO HIS CLIENT
NOT MAKING A STATEMENT, NOT BEING QUESTIONED
BY THE POLICE. I ASKED THAT THE JURY BE GIVEN
AN INSTRUCTION TO FIFTH AMENDMENT PRIVILEGES.
THAT THIS DEFENDANT COULD HAVE AT ANY TIME
GIVEN A STATEMENT TO THE POLICE HAD HE WISHED
TO DO SO.
THE COURT: OKAY. WHAT ELSE?
MR. BALL: I'D OBJECT TO ALL OF THE
SELF-DEFENSE, INTENT, ARREST POWERS, AND
INCONSISTENT STATEMENTS. THERE HAS BEEN NO
DEMONSTRATION AS FAR AS AN OPENING STATEMENT
GOES, THAT ANY INCONSISTENT STATEMENTS COULD
OR MAY EVEN OCCUR. I UNDERSTAND THAT THERE IS
A POSSIBILITY THAT THIS WOULD OCCUR. BUT
THERE IS NO -- IN AN OPENING STATEMENT THERE
IS NO INDICATION AS OF YET THAT ANYONE IS
GOING TO BE INCONSISTENT. IN FACT, I THINK IT
IS TO THE CONTRARY.
AS FAR SELF-DEFENSE AND ARREST
POWERS, I GUESS AT THE END I WILL BE ASKING
FOR INSTRUCTIONS ON ARREST POWERS, AND I GUESS
ONE OF THOSE IS THE RIGHT OF A CITIZEN TO MAKE
AN ARREST ON A FELONY WHEN THAT FELONY HAS

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SWUNG THE BEER BOTTLE.
THE COURT: I UNDERSTAND THAT.
PAGE 134
MR. BALL: THAT IS ALL THAT I AM
SAYING. I GUESS THAT WOULD BE IT.
THE COURT: WHAT DO YOU SAY?
MR. ALOISE: THE LAST POINT FIRST
REGARDING THE INCONSISTENT STATEMENTS. I
THINK MR. BALL MENTIONED IN HIS OPENING
STATEMENT ABOUT WITNESSES NOT NECESSARILY
SAYING THE SAME THING. I AM PARAPHRASING, BUT
THAT WAS ROUGHLY WHAT HE SAID. ALL MY
COMMENTING ON THERE MAY BE AND THERE WILL BE
MOST LIKELY LOOKING AT THE TRANSCRIPT, NOT
LOOKING AT IT, HAVING A REFERENCE MADE TO THE
TRANSCRIPT. I DIDN'T SAY IT IN CONNECTION
WITH STATEMENTS. I SAID THEY MAY BE ASKED
QUESTIONS ABOUT WHAT THEY SAID AT A
PRELIMINARY HEARING.
THE COURT: YES.
MR. ALOISE: THE FACT THAT THERE MAY
BE INCONSISTENT STATEMENTS I GLEAM FROM THE
FACT THERE HAVE ALREADY BEEN INCONSISTENT
STATEMENTS BETWEEN THE TESTIMONY OF MR. KING
AT THE PROBABLE CAUSE HEARING AND THE GRAND

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PAGE 150
A. YEH. IT WAS RIGHT IN FRONT OF THE BUILDING.
Q. NOW, YOU GOT THERE, YOU AND ALICE GOT TO THE
WINNERS CIRCLE, ASSUMING YOU LEFT I THINK YOU
SAID AROUND 11 O'CLOCK?
A. YEAH. ANY TIME AFTER THAT.
Q. AND YOU GOT THERE. YOU WENT DIRECTLY TO THE
A. YES.
WINNERS CIRCLE, YOU DIDN'T GO ANYWHERE ELSE
BEFOREHAND?
Q. IS IT FAIR TO SAY THAT SOME TIME SHORTLY
A. YES.
BEFORE 11:30, YOU AND ALICE ARRIVED?
Q. WHEN YOU WENT INTO THE WINNERS CIRCLE, WILL
YOU DESCRIBE FOR THE JURY HOW THE BARROOM AREA
IS LAID OUT IF YOU WOULD, AND HOW IT WAS LAID
OUT ON THAT PARTICULAR EVENING, PLEASE?
A. YOU WALK IN AND THERE IS A HALF CIRCLE BAR,
AND IT IS STEPPED LOWER THAN THE ACTUAL FLOOR
SO THE BARTENDER IS LOWER. AND THERE IS BAR
STOOLS, BUT THEY ARE SHORT, THEY ARE LIKE
CHAIR LENGTH HEIGHT ALL THE WAY AROUND. AND
PEOPLE WERE SITTING ON THE FAR SIDE AWAY FROM
THE DOORS.
Q. AND WHEN YOU WENT IN, WHEN YOU AND ALICE FIRST

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PAGE 155
WHEN I GOT OUT OF WORK -- I MEAN IT VARIES
EVERY NIGHT WHEN I GET OUT.
Q. BUT THAT PARTICULAR NIGHT, YOU DO REMEMBER
GETTING OUT OF WORK? THAT WAS A FAIRLY
CONSISTENT TIME, WASN'T IT?
A. I GOT OUT BEFORE 12:30. I GOT OUT SOMETIMES
BEFORE 12:30. SO I FIGURED IT WAS PROBABLY
AROUND 11, 11:30.
Q. OKAY. AND YOU SAY THAT YOU WERE THERE ABOUT
A. YES.
15 MINUTES OR SO WHEN YOUR ATTENTION WAS
DIRECTED TO AN ARGUMENT?
Q. NOW, UP TO THE TIME THAT YOUR ATTENTION WAS
DIRECTED TO AN ARGUMENT, IS IT FAIR TO SAY
THAT AS YOU HAVE DESCRIBED THIS HORSESHOE OR
SEMI-CIRCLE BAR, THAT IT IS NOT AN AWFUL BIG
PLACE, IS IT, THE WINNERS CIRCLE?
A. NO. IT IS VERY SMALL.
Q. AND ALTHOUGH THE NUMBER OF PEOPLE, 8 TO 10
PEOPLE, PROBABLY DIDN'T FILL IT UP? THERE
WEREN'T TOO MANY MORE PEOPLE THAT COULD HAVE
BEEN IN THERE SEATED AT THE STOOLS; AM
RIGHT?
A. YEAH. THERE WAS ONLY A FEW STOOLS LEFT.
I

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PAGE 158
CONTACTED PRIOR TO SEVERAL WEEKS AGO; IS THAT
RIGHT?
A. NO. I GOT THE SUMMONS.
Q. SUMMONS IN THE MAIL?
A. YES.
Q. OR HANDED TO YOU OR WHATEVER IT WAS, RIGHT?
A. YES.
Q. SO THAT IF I WERE TO TELL YOU THAT THERE WAS A
PRELIMINARY HEARING IN THIS CASE BACK IN
JANUARY OF 1993, YOU WEREN'T PRESENT FOR THAT?
A. NO, I WASN'T PRESENT FOR THAT.
Q. NOW, WAS YOUR FIRST CONTACT THEN ABOUT THIS
CASE THE SUMMONS THAT YOU RECEIVED, OR DID YOU
RECEIVE ANY COMMUNICATION FROM MR. KING OR
FROM ANY OTHER PERSON REGARDING YOUR KNOWLEDGE
ABOUT THE FACTS OF THIS CASE?
A. IT WAS THE SUMMONS.
Q. NOW, WHEN YOU GOT THE SUMMONS, I TAKE IT THAT
A. YEAH.
MR. BALL'S NAME AND PROBABLY PHONE NUMBER WAS
ON THE SUMMONS AND YOU CALLED HIM?
Q. NOW, SINCE CONTACTING MR. BALL, AND TAKING YOU
TO LAST WEDNESDAY, DID YOU HAVE OCCASION TO
SEE MR. KING IN THE COURTHOUSE LAST WEDNESDAY?

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O'CLOCK PROMPTLY IF WE CAN.
PAGE 183
NOW, I ALSO WANT TO APOLOGIZE IN
ADVANCE BECAUSE THE WAY THINGS WORK IN A COURT
SYSTEM SOMETIMES UNEXPECTED THINGS HAPPEN.
MAY WELL BE, YOU KNOW, THAT WE ARE SHOOTING
FOR 9 O'CLOCK, BUT WE DON'T GET GOING UNTIL
9:15 OR SOMETHING LIKE THAT. BECAUSE THERE
HAS BEEN A BAIL THAT I GOT TO HANDLE OR
SOMETHING ELSE, NOTHING TO DO WITH THIS CASE.
SO, IN THAT EVENT DON'T JUDGE US TOO HARSHLY,
WE'LL MAKE AN EFFORT TO GET GOING AS CLOSE TO
9 O'CLOCK AS WE POSSIBLY CAN.
LAST THING BEFORE YOU GO, DON'T
DISCUSS THE CASE AMONG YOURSELVES AND PLEASE
DON'T DISCUSS IT WITH YOUR SPOUSE OR FRIENDS.
PEOPLE ARE GOING TO ASK YOU WHAT DID YOU DO
TODAY, AND YOU ARE GOING TO WANT TO SAY I SAW
THIS OR I HEARD THAT. BOY, THEY ARE SLOW AT
THE COURTHOUSE, AND GREAT LUNCHES THAT THEY
HAVE HERE TODAY. BUT PLEASE RESIST THE
TEMPTATION OUT OF FAIRNESS NOT ONLY TO THE
INTEGRITY OF YOUR OWN VERDICT, BUT ALSO OUT OF
FAIRNESS FOR BOTH OF THE PARTIES. PLEASE TELL
PEOPLE YOU WILL TALK ABOUT IT AFTERWARDS AND