What the Jury May Already Have Discussed, Pre-Deliberations
They were allowed to discuss the evidence, not necessarily testimonies, if all jurors were present during recesses.
@Snoop Sister
Jumping ahead & skipping hours of posts to answer, sorry if already covered.
Seems ^ post says that pre-deliberation, the jurors can only discuss EXHIBITS i.e., physical objects such as photographs, LE reports, audio or vid recordings, etc. which have been admitted as evidence.
I read the rule's ref. to EVIDENCE below as including witnesses' TESTIMONY, not just exhibits.
WISH-TV posted pdf of the judge's Preliminary Instructions, showing on page 9 a couple ¶'s re the jury as the exclusive judges of the evidence, how to assess credibility of witnesses and weight to give the witnesses' testimony.
Welcoming clarification or correction.
Of course, being permitted to discuss issues during RECESSES does not mean that the jury did that. Also does not mean that they could collectively agree as to the credibility of a witness, all parts of a witness' testimony, or the significance of an exhibit (which they would not yet have in hand, pre-delib).
But jurors may have worked thru some of ^ which may help them reach a verdict sooner.
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* Judge's PRELIMINARY Jury Instructions
Briefly, my summary:
During trial, jurors are not to discuss the case, EXCEPT that jurors may discuss evidence during RECESSES when ALL jurors are in PRESENT in the JURY ROOM and reserve judgment about the outcome of the case until deliberations begin.
[ETA:
@Diddian Agreeing w your post on the issue]
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* Exact text, part of Rule 20. IN. Jury Rules
"(8) that jurors, including alternates, are permitted to discuss the evidence among themselves in the jury room during recesses from trial when all are present, as long as they reserve judgment about the outcome of the case until deliberations commence. The court shall admonish jurors not to discuss the case with anyone other than fellow jurors during the trial."
