11:04 A.M.

THE COURT: People versus Beausoleil.

Let the record show that everyone is present now.

Mr. Erlich, you are the foreman of the jury. I have received information that you are of the opinion that the jury has reached an impass in the case; is that correct?


THE COURT: Without disclosing which way you stand, could you tell me, numerically, what your ballot is at this time?

MR. ERLICH: Yes, I can, 8-4.

THE COURT: 8 to 4. How long has it been in this situation of 8 to 4?

MR. ERLICH: An hour or two yesterday.

THE COURT: You mean, your situation was 8 to 4 about an hour before we recessed last night?


THE COURT: And this morning it has not changed?

MR. ERLICH: Correct.

THE COURT: Do you feel from your discussion that there is no possibility of changing that; that further deliberations will not be to any avail?

MR. ERLICH: That is my opinion, yes.

THE COURT: I would like a show of hands of the remaining members of the jury as to how many of you agree with Mr. Erlich in that situation?

THE JURY: (Indicating.)

THE COURT: it is unanimous.

Very well, ladies and gentlemen, I understand the circumstances, and I will excuse you at this time.

Thank you very much for your service in this department, and at this time I will excuse you until next Monday at which time you will report back to the jury room for further duty.

I don't know whether any of you are supposed to be discharged in the interim.

Thank you very much.

(Whereupon, the jury was excused.)

All right, gentlemen, at this time, since there has been a failure of the jury to agree, I will declare a mistrial. It will be necessary to reset the matter for trial.

I think the proper procedure is to assign this matter to Department A for assignment to another department.

MR. SALTER: May I confer with him a moment?


MR. SALTER: We will keep it in here. First of all, your Honor, I would ask at this time --

THE COURT: Well, first of all, let's agree on a date.

MR. SALTER: I didn't bring my book with me.

THE COURT: Well, we should move it as rapidly as possible.

MR. SALTER: Any date is all right, I guess.

THE COURT: I am going to set it over to December 8th.

MR. ROSS: That is awfully soon, your Honor. I don't think I can get any subpoenas out.

THE COURT: Every one of these people is available on a phone call.

MR. ROSS: I don't know if they are or not. I sort of lost track of some of them.

Can we put it over for maybe next Monday or Tuesday for a setting date?

MR. SALTER: That sounds like a good idea.

MR. ROSS: Then we can get all of the things ironed out. It is almost impossible for me to get subpoenas out that soon.

THE COURT: Then I will set it over to Monday, December 1, for trial setting.

MR. SALTER: Your Honor, I move that the Court make an order that the reporter prepare a transcript of the trial for both sides.

THE COURT: I will consider that on Monday. The matter will be continued to Monday, December at 9:00 o'clock in this courtroom for trial setting. Mr. Beausoleil, you are ordered to report back here at that time.

MR. SALTER: Your Honor, at this time we would also ask that bail be set in this matter. There has been no death penalty requested in this matter. I think that bail should be set in this matter.

THE COURT: I will also consider that on Monday. Let's pass it for the time being.