SEQ CHAPTER \h \r 1CR03-021 06/18/03




During this trial, you have been provided with pencil and paper, and some of you have taken notes.  As I explained at the beginning of the trial, all jurors should be given equal attention during the deliberations regardless of whether or not they have taken notes.  Any notes you have taken may only be used to refresh your memory during deliberations.  You may not use your notes as authority to persuade your fellow jurors as to what a witness did or did not say.  In your deliberations you must rely upon your collective memory of the evidence in deciding the facts of the case.  If there is any difference between your memory of the evidence and your notes, you may ask that the record of the proceedings be read back.  If a difference still exists, the record must prevail over your notes.