#juryinstructions — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #juryinstructions, aggregated by home.social.
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FTX Co-Founder Sam Bankman-Fried Seeks Retrial, Alleges Legal Errors - Sam Bankman-Fried, co-founder of FTX, has filed an appeal against his conviction, ... - https://news.bitcoin.com/ftx-co-founder-sam-bankman-fried-seeks-retrial-alleges-legal-errors/ #excludedevidence #juryinstructions #sambankman-fried #financialfraud #legalerrors #conviction #retrial #appeal #trial #news #ftx
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Marc F. Scholl, who served in the Manhattan DA’s office for nearly 4 decades, specializing in white-collar crimes & appeals, said: “Recently, there has been some slight loosening about whether it can be done w/ the defense’s consent, but it remains a minefield that judges do not want to risk.”
#criminal #law #Trump #TrumpTrial #Deliberations #JuryInstructions #CatchAndKill #conspiracy #ElectionInterference #HushMoney
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Why #jurors in the NY #criminal #TrumpTrial can’t have a copy of the #JuryInstructions:
The prohibition against jurors being provided a copy of written #legal instructions comes from a 1987 decision by the #NewYork Court of Appeals in #PeopleVOwens.
The court found that “the distribution of written instructions to the jury is not expressly authorized by #law, & error in such submissions cannot be deemed harmless,” meaning: providing instructions would result in a #conviction being #overturned.
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Justice #Merchan is now at the part of the #JuryInstructions where he’s describing “#AccessorialLiability,” the part that suggests the defendant doesn't need to have actively participated in the commission of the #crime to be found #guilty, as long as he in some way DIRECTED or INTENTIONALLY AIDED the #criminal conduct of someone else. In this case, that relates to the alleged falsification of business records.
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As Justice #Merchan re-reads the #JuryInstructions, #Trump has had his eyes closed, & his chin has sometimes slumped to his chest. At other times, his head has been fallen backwards — just waiting for his mouth to drop open & let flies enter. #NodFarter
Merchan is now in the middle of p 17 of the instructions, explaining jurors can consider whether any #witness would benefit from his or her own #testimony. (hmm)
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The #jury is back in the courtroom. The court reporter is on the stand to read the four portions of testimony.
The judge asks the jury whether they want to hear the #testimony or #JuryInstructions first.
Justice Merchan is beginning w/ p6, which starts w/ directing jurors how to consider #evidence, & ending w/ p 35, where the judge explains how his instructions on the #law apply to the counts in the case.
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#TrumpTrial Thurs 30 May 2024 🧵#Deliberations continue
Justice #Merchan says he believes that the #jury wants him to repeat a significant portion of the #JuryInstructions.
He will read pages 6-35.
Each page yesterday took him just a little more than a minute, so this will take >30 mins.
Between that & the testimony readbacks, also expected to take >30 mins, there will likely be >1 hour this morning w/the jury in the courtroom, not actively deliberating.
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The #jurors returned, & Justice Merchan reads the 2 notes they sent aloud to them as they sit in the #jury box.
#Merchan says the readback of the relevant testimony, which has not yet been located, will take ~30 mins. He asks them whether they want to hear all of the #JuryInstructions again, or part of them. He says that they can discuss that in private.
Then, Merchan dismisses the jury for the day.
No #verdict today — not that I expected one.
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Justice #Merchan is back on the bench. He says that the #jurors sent a second note at 3:51PM. The jurors have also asked to hear the judge’s #JuryInstructions again.
Justice Merchan says he will bring the jurors back into the courtroom, inform them that the lawyers are working on identifying the transcripts they feel are relevant to the jurors’ first requests & clarify whether they want to hear all of the jury instructions again — which would take an hour — or portions.
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#Trump #GOP allies lie about #JuryInstructions
#Republican Sen #MarcoRubio tweeted that Justice Merchan told the jury that they don't have to unanimously agree on which #crime was committed.
"Judge in #Trump case in NYC just told jury they don’t have to unanimously agree on which crime was committed as long as they all at least pick one. And that among the crimes the can pick from are ones Trump WASN’T EVEN CHARGED WITH!!! This is exactly the kind of sham trial used”
Oy vey.
#TrumpTrial #law -
The jury has entered.
Justice #Merchan greets jurors & immediately begins reading the #JuryInstructions. He tells them the instructions will take ≥1 hr to get through. He explains that any changes in his inflection are not intended to send a message.
Merchan tells jurors that it is not his responsibility to judge the #evidence in the case. “It is yours,” he says. “You are the judges of the facts, & you are responsible for deciding whether the defendant is guilty or not guilty.”
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Tues 29 May 2024 🧵
Good morning! It’s the last day of the #TrumpTrial before jury #deliberations.
Today Justice #Merchan will give #JuryInstructions. Then they will discuss the case among themselves for the first time; they have not been allowed to even discuss it w/each other as yet.Closing arguments took place yesterday, & the lawyers will have no further opportunity to address the jurors before they determine whether #Trump is #guilty or not guilty of 34 felonies.
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Justice #Merchan tells the attys he will get them a final version of the #JuryInstructions by end of the day Thurs.
Court is adjourned.
Testimony in the #TrumpTrial is over.
The jury will be back in a week for closing arguments.
Thanks for reading 🥰
#criminal #law #Trump #CatchAndKill #conspiracy #ElectionInterference #MobTactics #GagOrder #StochasticTerrorism #StormyDaniels #KarenMcDougal #NodFarter
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Justice #Merchan: “My answer hasn’t changed, & honestly I find it disingenuous for you to make the argument at this point.”
Merchan tells #Bove not to stand up again [patience lost]
Merchan: “I let you speak.”
Now, Justice Merchan says, it is your turn to speak.
Bove says that he is not being disingenuous, & clarifies that he’s making his argument for the record — [for appeal]
Merchan tells Bove [again] that he’s repeating himself..
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And there it is, #Merchan signifies he’s losing patience w/ Bove as he continues to argue a decided issue. Bove insists it’s important, & generously Merchan gives him another chance to speak. But now Merchan repeats his previous decisions on the issue above is harping on, namely that #MichaelCohen was #Trump’s atty when the charged conduct took place.
[this should not be an issue in any court. It’s called #TheCrimeFraudException to
#AttorneyClientPrivilege.] -
#Bove argues for a limiting instruction about the “legitimate purpose” of testimony about the #AccessHollywood tape.
The testimony was used to show that the publication of the tape changed #Trump’s view on the need to silence the #StormyDaniels story.
#Merchan asks defense for specific transcript pages at issue, but said for now he agrees w/the prosecution that it’s unnecessary.
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#Trump atty #Bove also asks for #JuryInstructions about setting aside any preexisting prejudice they may have against #Trump.
#Merchan was going to deny the request (that’s what jury selection was for), but prosecution offers a version w/more neutral language, & Merchan agrees.
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After a break, Justice #Merchan tells the attys that they've gone through his concerns about #JuryInstructions & asks prosecutors & defense about theirs.
Merchan denies defense’s ask for instruction that NDAs not being illegal (no shit), & notes there’s been plenty of testimony to that point & they can argue it on summation.
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Defense argues that to reach a #guilty #verdict jurors MUST not only to agree #unanimously that #Trump had falsified records to conceal a #conspiracy to win an election by unlawful means, but also jurors must be unanimous on what the #UnlawfulMeans are; making reaching a verdict nearly impossible.
Trump's attys argued that while that unanimity is not required by #law, Justice Merchan can use his discretion in asking for it.
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Justice Merchan asks, if there’s nothing wrong w/ #Trump “participating” in the meeting, why not just say he did?
Good question.
Merchan again reserves judgment on the wording addressing Trump’s participation in the #conspiracy — though it sounds like he’s going to side w/prosecution.
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Prosecution & defense argue whether the evidence at trial supported the idea that #Trump did enter a conspiracy w/ #Pecker & #MichaelCohen in 2015 to suppress negative stories during his presidential campaign.
(isn’t that for the jury to decide?)Defense suggests that there was nothing #criminal about “participating” in that meeting, & that meeting w/ The #NationalEnquirer was simply “standard operating procedure” for campaigning. (Um, no)
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Justice Merchan points out that the #felony charges of falsifying business records #Trump faces includes an #intent to conceal another #crime. The #law doesn't require prosecutors to show that Trump intended to orchestrate a #conspiracy, but rather that by falsifying business records, he intended to hide said conspiracy.
#Merchan says he will leave that instruction as is – a win for prosecutors.
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Prosecutor #Colangelo argues that “acting in concert w/someone” is separate from the concept of “cause” & is not redundant.
(That actually helps, so maybe it should be in the #JuryInstructions, right?)
Defense may lose a key argument:
They wanted jurors to be told that they HAD TO find #Trump had some #intent to enter the #conspiracy w/ David #Pecker ( #NationalEnquirer) & #MichaelCohen. -
Justice Merchan hears arguments re the expanded #intent #JuryInstructions.
He indicates agreement w/the defense on causing false entries when those false entries are “reasonably foreseeable” to the defendant based on his conduct.This is related to “#intent to commit or conceal another #crime” — the 2nd crime issue.
Prosecutor #Colangelo argues case #law supports the prosecution.
#Trump atty Bove says the DA’s theory is = to "causing the causer."
(Seriously, no idea wtf he means) -
There’s a long back & forth about prosecutors’ proposal that the #JuryInstructions include language suggesting it was “reasonably forseeable” that false records would be created as a result of #Trump’s conduct.
Justice #Merchan says that he’s inclined NOT to include it.
— that is not good, it’s specific to #NY #law.But he reserves judgment for now, as he did on “willfully.”
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After arguing for 5 mins, a word in the #JuryInstructions is now plural — “crime” is now “crimes”
Defense & prosecution debate if the instructions should be available to the #public & #press.
(#Trump is asleep — #NodFarter)
Justice #Merchan jokes they’ll next address “the most challenging issue” — how to pronounce a word.
He spelled out “eleemosynary,” which means having to do w/charity.
“Why do we even have it?” Merchan asked. The lawyers don’t know, & it’s removed.
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Defense proposes #JuryInstructions on campaign finance law “#FECA” (federal election campaign act) must include the word "willfully" to specify a #criminal violation.
The 34 falsifying business records charges against #Trump are #felony charges bc prosecutors say he used the false records to try to conceal a 2nd #crime.
That 2nd crime, prosecutors specified, is a violation of a state #ElectionLaw that forbids a person from seeking election by “unlawful means.”
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The afternoon session is beginning.
#Trump is back w/his posse, including #DonaldTrumpJr; #ChuckZito, the fmr #HellsAngel ldr; & the actor #JoePiscopo.
Justice #Merchan asks the defense to argue on behalf of one of its many requests: to add the word “willfully” in 2 places to the #JuryInstructions on a federal #ElectionLaw which isn’t charged.