People v. Reichert

The quoted language in the majority opinion occurred when the trial judge, speaking extemporaneously during voir dire, attempted to determine whether a particular juror could return a guilty verdict or whether the juror should be dismissed for cause as requested by the prosecuting attorney.

Immediately following the quoted statement, the trial judge informed the juror that if she believed the prosecutor "has not proven all of the elements beyond a reasonable doubt, then it would be your duty to vote not guilty.” The trial judge, after being apprised by defense counsel that his earlier…