San Diego

Jury deliberations in the murder trial of Sagon Penn continued for a 25th day Tuesday as the judge turned down a request by jurors that he once again bar the press from an elaboration of jury instructions.

Shortly before noon, the jury asked Judge Ben Hamrick of the San Diego County Superior Court to further define “attempt” as it related to an assault charge against Penn, who also is accused of murder and attempted murder in the March, 1985, confrontation with two police officers and a civilian ride-along.

In their note, the jurors asked that the press be excluded from court while the judge answered the question.

After a similar request Monday, Hamrick barred the press and public from court while he clarified another instruction. But he reversed course Tuesday, telling the jurors after they filed into court from their lunch break that the press is entitled to be present for discussions of jury instructions.

Meanwhile, the appellate court, considering a request by The Times and the San Diego Union that Hamrick be ordered to keep hearings in the case open, invited lawyers to present additional backing for their positions.

The 4th District Court of Appeal said in a memo to lawyers in the case that Hamrick apparently had barred reporters from earlier hearings in the Penn trial because of his concern that jurors would read or see reports of proceedings held outside their view, despite the judge’s strict directives to ignore media reports.

Also Tuesday, Hamrick told lawyers in the case that he had directed alternate juror George Lattuca, dismissed Monday from further service, not to discuss the case with anyone until a verdict has been returned.

At the end of the day, the jury foreman told Hamrick that the jurors might reach a verdict as early as today.