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1 the COURT: Is the Government Ready to Proceed? MR. RUSHING 1 12:34 1 THE COURT: Is the government ready to proceed? 09:04 2 MR. RUSHING: We are, Your Honor. 09:04 3 THE COURT: Defendants ready to proceed. 09:04 4 MR. MIKAL WATTS: Yes, sir. 09:04 5 MR. MCCRUM: Yes, sir. 09:04 6 MR. HIGHTOWER: Yes, sir. 09:04 7 THE COURT: Very well. Bring in the jury, please. 09:05 8 (JURY IN AT ) 09:05 9 THE COURT: Thank you. Please be seated. Good 10 morning, ladies and gentlemen. The parties have indicated to 11 the Court that they are ready to proceed. I was working late 12 and have prepared the instructions on the law. Now, these are 13 the instructions on the law that you must follow in returning 14 your verdict in this case. I will shortly read those 15 instructions to you prior to closing arguments. I have, 16 however, taken the liberty of making copies for each of you 17 ladies and gentlemen of the jury so that you may follow along 18 with me as I read the instructions, and I will allow you to 19 take those back to the jury room with you during your 20 deliberations. Stanley, will you provide each members of the 21 jury with a copy of the instructions. 09:07 22 Members of the jury, in any jury trial, there are, in 23 effect, two judges. I am one of the judges, and the other is 24 the jury. It is my duty to preside over the trial and to 25 decide what evidence is proper for your consideration. It is 2 1 also my duty at the end of the trial to explain to you the 2 rules of law that you must follow and apply in arriving at your 3 verdict. 09:07 4 First, I will give you some general instructions which 5 apply in every case, for example, instructions about the burden 6 of proof and how to judge the believability of witnesses. Then 7 I will give you some specific rules of law about this 8 particular case. And finally, I will explain to you the 9 procedures you should follow in your deliberations. 09:07 10 You, as jurors, are the judges of the facts. But in 11 determining what actually happened, that is, in reaching your 12 decision as to the facts, it is your sworn duty to follow all 13 of the rules of law as I explain them to you. 09:08 14 You have no right to disregard or give specific attention 15 to any one instruction or to question the wisdom or correctness 16 of any rule I may state to you. You must not substitute or 17 follow your own notion or opinion as to what the law is or 18 ought to be. It is your duty to apply the law as I explain it 19 to you, regardless of the consequences. It is also your duty 20 to base your verdict solely upon the evidence, without 21 prejudice or sympathy. That was the promise you made and the 22 oath you took before accepted by the parties as jurors, and 23 they have the right to expect nothing less. 09:09 24 During your deliberations, you must not communicate with 25 or provide any information to anyone by any means about this 3 1 case. You may not use any electronic device or media, such as 2 the telephone, a cell phone, a smart phone, iPhone, Blackberry 3 or computer, the Internet, any Internet service, any text or 4 instant messaging service, any Internet chat room, blog or web 5 site such as Facebook, My Space, LinkedIn, YouTube or Twitter 6 to communicate to anyone any information about this case or to 7 conduct any research about this case until I accept your 8 verdict. In other words, you cannot talk to anyone on the 9 phone, correspond with anyone, or electronically communicate 10 with anyone about this case. You can only discuss the case in 11 the jury room with your fellow jurors during deliberations. I 12 expect you will inform me promptly if you become aware of 13 another juror's violation of these instructions. 09:10 14 You may not use these electronic means to investigate or 15 to communicate about the case because it is important that you 16 decide this case based solely on the evidence presented in this 17 courtroom. Information on the Internet or available through 18 social media might be wrong, incomplete or inaccurate. You are 19 only permitted to discuss the case with your fellow jurors 20 during your deliberations because they have seen and heard the 21 same evidence you have. In our judicial system, it is 22 important that you are not influenced by anything or anyone 23 outside of this courtroom. Otherwise, your decision may be 24 based on information known only by you you and not your fellow 25 jurors or the parties in the case. This would unfairly and 4 1 adversely impact the judicial process. The indictment or the 2 formal charge against the defendant is not evidence of guilt. 3 Indeed, a defendant is presumed by the law to be innocent. 4 Each defendant begins with a clean slate. The law does not 5 require a defendant to prove his or her innocence or to produce 6 any evidence at all, and no inference whatever may be drawn 7 from the election of a defendant not to testify. 09:11 8 The government has the burden of proving a defendant 9 guilty beyond a reasonable doubt, and if it fails to do so, you 10 must acquit the defendant. While the government's burden of 11 proof is a strict or heavy burden, it is not necessary that a 12 defendant's guilt be proved beyond all possible doubt. It is 13 only required that the government's proof exclude any 14 reasonable doubt concerning the guilt of a defendant. 09:12 15 A reasonable doubt is a doubt based upon reason and common 16 sense, after careful and impartial consideration of all the 17 evidence in the case. Proof beyond a reasonable doubt, 18 therefore, is proof of such a convincing character that you 19 would be willing to rely and act upon it without hesitation in 20 making the most important decisions of your own affairs. 09:12 21 As I told you earlier, it is your duty to determine the 22 facts. To do so, you must consider only the evidence presented 23 during the trial. Evidence is the sworn testimony of the 24 witnesses, including stipulations, if any, and the exhibits. 25 The questions, statements, objections, and arguments made by 5 1 the lawyers are not evidence. 09:12 2 The function of the lawyers is to point out those things 3 that are most significant or most helpful to their side of the 4 case, and in so doing, to call your attention to certain facts 5 or inferences that might otherwise escape your notice. In the 6 final analysis, however, it is your own recollection and 7 interpretation of the evidence that controls in the case. What 8 the lawyers say is not binding upon you. 09:13 9 During the trial I may have sustained objections to 10 certain questions and/or exhibits. If so, you must disregard 11 those questions and/or exhibits entirely. Do not speculate as 12 to what the witness would have said if permitted to answer the 13 question or as to the contents of any exhibit. Your verdict 14 must be based solely on the legally admissible evidence and 15 testimony. 09:13 16 Also, do not assume from anything that I may have done or 17 said during the trial that I have an opinion concerning any of 18 the issues in this case. Except for the instructions to you on 19 the law, you should disregard anything I may have said during 20 the trial in arriving at your own verdict. 09:14 21 In considering the evidence, you are permitted to draw 22 such reasonable inferences from the testimony and exhibits as 23 you feel are justified in the light of common experience. In 24 other words, you may make deductions and reach conclusions that 25 reason and common sense lead you to draw from the facts which 6 1 have been established by the evidence. 09:14 2 Do not be concerned about whether evidence is direct 3 evidence or circumstantial evidence. You should consider and 4 weigh all of the evidence that was presented to you. 09:14 5 Direct evidence is the testimony of one who asserts actual 6 knowledge of a fact, such as an eyewitness. Circumstantial 7 evidence is proof of a chain of events and circumstances 8 indicating that something is or is not a fact. 09:14 9 The law makes no distinction between the weight you may 10 give to either direct or circumstantial evidence. But the law 11 requires that after weighing all of the evidence, whether 12 direct or circumstantial, you be convinced of the guilt of a 13 defendant beyond a reasonable doubt before you can find him or 14 her guilty. 09:15 15 I remind you that it is your job to decide whether the 16 government has proved the guilt of a defendant beyond a 17 reasonable doubt. In doing so, you must consider all of the 18 evidence. This does not mean, however, that you must accept 19 all of the evidence as true or accurate.
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