📂 Friday, January 17, 1997 — Day 44
◀ Civil Trial
📅 Friday, January 17, 1997 1 proceedings 492 lines
Address:
C:\DEPT103\CIVIL\1997\JAN\17
TRIAL
▲ Day 44 of 57

Day 44 — Friday, January 17, 1997

Jury Instructions Debate Focuses on Burden of Proof Differences
Judge Hiroshi Fujisaki • Civil Trial • 1 proceedings • 492 lines
procedural

Judge Fujisaki works through agreed and disputed BAJI instructions, including a proposed explanation of the criminal acquittal and civil burden that Baker calls argumentative. The court denies plaintiffs' proposed affirmative-defense burden instruction, allows an official-duty presumption instruction and invites a defense instruction reflecting its position. The defense is permitted to argue evidence planting without the court deciding the factual merits. Court TV's request to televise the verdict is denied.

  • Judge Fujisaki and counsel worked through agreed and disputed BAJI jury instructions in pre-verdict conference
  • Key dispute over plaintiff-requested instruction explaining criminal vs. civil burden of proof standards
  • Defense counsel Baker argued the burden of proof instruction was 'a speech' and argumentative
  • Court denied Court TV's request to televise the verdict
  • Judge ruled on numerous instruction modifications
Day 44 • 1 proceedings • 492 lines
Civil Trial
Department 103
📂 Day 44 — JAN 17, 1997
JAN 17, 1997