Judge Timothy Cissna informed both the prosecution and defense this afternoon about his tentative plan to address the Jane Doe mishap.
Jurors were asked by Judge Cissna to gather downstairs in the jury room tomorrow and that they would be asked to come up when court is open.
"My tentative is to bring jurors in individually and ask, while you were in the hallway, outside the courtroom, yesterday, did you see anything related to this case or the witnesses?"
"If all and Mr. Daniels agree that the jurors did not see anything, my intention is to proceed with the trial at 8:30 a.m."
Deputy District Attorney Brie Bennett said, "I don't believe the majority of jurors saw anything. One or two were maybe close to the room, the door has windows, there is a possibility they may have seen something but the chances are low."
Ms. Bennett said she plans to have witnesses on hand tomorrow and she is going to try again with Jane Doe #1. "If a repeat of today happens, I intend to file for witness unavailability."
Ms. Julia Fox, speaking for the defense said that the defense "preferred the Court's option B; for the trial to proceed tomorrow as if nothing had happened."
"Are you confident no one saw anything," Judge Cissna asked Ms. Fox.
"I cannot tell you definitively,"said Ms. Fox. She said she agreed with Ms. Bennett's assessment.
"If your client waives right now, no one question that later," said Judge Cissna.
Ms. Fox asked to speak with her client. This was briefly done in the courtroom, privately, at the counsel table.
"Mr. Daniels is comfortable forging ahead despite the risk," Ms. Fox told Judge Cissna.
Ms. Bennett responded that as a cautionary measure, she felt that the jurors should be questioned but that she would defer to the court. Judge Cissna made his final decision that he would question the jurors individually.