Either he said something less absolute than that, or upon further questioning he agreed that he would follow the instructions regardless of his preexisting thoughts on the subject.
I think JSS has learned at this point that she can't conduct the proceedings in secret. It would be completely appropriate, however, for JSS to kick everyone to the overflow room. No constitutional problem with that.
Yes, Jodi would still have the option to allocute if JSS refused to send everyone to the overflow room. If Jodi decided not to allocute at that point, of course it would be brought up on appeal as not being a voluntary choice. Which is why JSS needs to grant that request--it takes care of an appeal issue without stepping on the rights of the media or public.
It's less common to lose jurors during deliberations because once they are allowed to talk to each other, that removes the one rule they are most likely to break.
But if deliberations go on for very long, you always have the chance of a juror getting sick, having a family emergency, etc.
BBM
Victim impact statements are done at the beginning, so there will be no more of those.
The judge has to allow hearsay in this phase as long as it is "reliable." I personally can't understand how hearsay is ever reliable, but that's the rule. And since the rule is so nonsensical, the best policy to avoid being overturned on appeal is to let it in unless it seems to be a forgery (like the pedo letters).
