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
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.
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.
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)
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.
#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.
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.
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.
#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
Nonilex