Jury instructions

📄 Jury instructions — Monday, January 23, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JAN\23\JURY-INSTRUCTIONS.DOC

TRIAL

▲ Day 4 of 167

◀ Morning session opening Motion: opening statement exhibit objections ▶

Date: Monday, January 23, 1995 • Utterances: 7

Judge Ito briefly addressed proposed pre-instructions with counsel, confirming that certain CALJIC instructions — including alibi (4.50), conflicting experts, and weighing conflicting testimony — would be given on the assumption the defense would present a case, without that agreement constituting a waiver of a motion for acquittal. The defense also declined, at least for the moment, to request the instruction about the defendant not testifying.

# 1 THE COURT:

THANK YOU, COUNSEL. COUNSEL, WE WILL HAVE SOME OTHER ITEMS REGARDING INSTRUCTIONS. MISS ROBERTSON.

# 2 (DISCUSSION HELD OFF THE RECORD BETWEEN THE COURT AND THE CLERK.)

# 3 THE COURT:

ALL RIGHT. COUNSEL, ON THE PROPOSED INSTRUCTIONS, PRE-INSTRUCTIONS THAT THE COURT IS GOING TO GIVE, I JUST WANTED TO PUT A FEW THINGS ON THE RECORD. THE COURT'S INSTRUCTIONS INCLUDE 4.50 CALJIC ALIBI, WILL INCLUDE CONFLICTING EXPERTS, WEIGHING CONFLICTING TESTIMONY, WHICH ASSUMES THAT THE DEFENSE WILL BE PRESENTING A DEFENSE. SO NOT WAIVING -- I UNDERSTAND THAT BY AGREEING TO THOSE INSTRUCTIONS YOU ARE NOT WAIVING YOUR RIGHT TO MAKE AN 1118.1 MOTION, BUT ASSUMING WE GET TO THAT POINT, I TAKE IT THAT IS AGREEABLE TO THE DEFENSE?

# 4 MR. COCHRAN:

THAT IS AGREEABLE, YOUR HONOR.

# 5 THE COURT:

ALL RIGHT. ALSO, NO PARTY OFFERED 2.0 OR 2.61, DEFENDANT NOT TESTIFYING AND ANY ASSUMPTION OR INFERENCE TO BE DRAWN FROM THAT FACT. WHAT IS THE DEFENSE POSITION ON THAT AT THIS TIME?

# 6 (DISCUSSION HELD OFF THE RECORD BETWEEN DEFENSE COUNSEL.)

# 7 MR. COCHRAN:

YOUR HONOR, AT THIS POINT -- WE ARE NOT ASKING FOR THAT INSTRUCTION AT THIS POINT.

Temperature

procedural

Key Quotes (2)

Lance A. Ito

I UNDERSTAND THAT BY AGREEING TO THOSE INSTRUCTIONS YOU ARE NOT WAIVING YOUR RIGHT TO MAKE AN 1118.1 MOTION

Judge preserves the defense's right to move for acquittal at the close of the prosecution's case, even while agreeing to instructions that anticipate a defense case.

Johnnie Cochran

WE ARE NOT ASKING FOR THAT INSTRUCTION AT THIS POINT.

Defense declines — for now — the instruction telling jurors not to draw adverse inferences from the defendant's silence, a significant strategic signal.

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

Court confirms defense strategy assumptions embedded in the proposed instructions — alibi, conflicting experts — and Cochran agrees without waiving the 1118.1 motion right.

strategic

Lance A. Ito•Johnnie Cochran

Defense declines to request CALJIC 2.61 (no adverse inference from defendant not testifying), leaving open whether Simpson might testify.

strategic

Objections

None recorded

Proceeding 4406 • 7 utterances

Criminal Trial

Department 103