What to Do When Jury Asks to Hear Testimony Again

When a jury asks to have testimony read back -- or played back from a recording -- what should the judge do? The Ninth Circuit recently vacated a conviction because the trial judge "abused its discretion by permitting the jury to rehear only a portion of a key witness's testimony without taking necessary precautions to ensure the jury did not unduly emphasize the testimony." United States v. Richard, No. 06-10377 (9th Cir. Oct. 12, 2007). Anne Reed has a good summary: Ninth Circuit To Trial Judge: It's Not Too Late To Look Like An Idiot, Deliberations, Oct. 16, 2007.