Sidebar: jury instruction errors

📄 Sidebar: jury instruction errors — Friday, September 22, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\22\SIDEBAR-JURY-INSTRUCTION-ERROR.DOC

TRIAL

▲ Day 160 of 167

◀ Jury instructions (part 1) Jury instructions (part 2) ▶

Date: Friday, September 22, 1995 • Utterances: 28

Defense and prosecution jointly flag two errors in the jury instructions before they are read: a potentially misleading phrase about 'evidence received here in court' that could confuse jurors given the jury view, and an omission of Thano Peratis's Grand Jury testimony from instruction 2.13. Both sides agree on the fixes. Cochran also asks about scheduling, and Kelberg requests the final jury instruction packet as soon as possible.

# 1 MR. COCHRAN:

May we approach?

# 2 MR. UELMEN:

May we approach, your Honor?

# 3 THE COURT:

Yes.

# 4 MR. COCHRAN:

Thank you.

# 5 (The following proceedings were held at the bench:)

# 6 THE COURT:

Over at the side bar.

# 7 MR. UELMEN:

We noted two errors. We have been reading the instructions. In reading instruction 1.03--

# 8 THE COURT:

Hold on.

# 9 (Brief pause.)

# 10 MR. UELMEN:

--your Honor injected in the first sentence "you must decide all questions of fact in this case from the evidence received here in court in this trial," and we believe, because of the jury view in this case, that may mislead the jury.

KEY QUOTE

# 11 THE COURT:

Okay.

# 12 MR. KELBERG:

And I picked up the same thing.

KEY QUOTE

# 13 MR. UELMEN:

In reading instruction 2.13, the special instruction on Thano Peratis, your Honor left out reference to the Grand Jury testimony which was read to the jury in this case.

KEY QUOTE

# 14 MR. COCHRAN:

Right.

# 15 THE COURT:

Okay.

# 16 MR. KELBERG:

We put that in. That was the representation that was made.

# 17 THE COURT:

All right.

# 18 MR. COCHRAN:

One other thing, Judge. With regard to--just a point of information. With regard to the scheduling, when will we find that out?

# 19 THE COURT:

As soon as I get back from lunch. I have to see how long I can push the court reporters. I have to see if I can get a third court reporter. I have to make a lot arrangements, so like I told them, I won't know until--

# 20 MR. COCHRAN:

We can call into you?

# 21 THE COURT:

But we will know by Monday because I will be here Monday.

# 22 MR. COCHRAN:

You will be here Monday?

# 23 THE COURT:

Yes.

# 24 MR. KELBERG:

Your Honor, one last request. Could we get the final packet of jury instructions as early as possible?

# 25 THE COURT:

Oh, yes. As soon as we are done I will have somebody photocopy them.

# 26 MR. KELBERG:

Thank you.

# 27 MR. COCHRAN:

I think that is--I think that is it, I think.

# 28 THE COURT:

Yes. Okay.

Temperature

procedural

Key Quotes (3)

Gerald Uelmen

your Honor injected in the first sentence 'you must decide all questions of fact in this case from the evidence received here in court in this trial,' and we believe, because of the jury view in this case, that may mislead the jury.

Defense flags that the standard instruction conflicts with the jury view, which was evidence received outside the courtroom — a meaningful distinction given the physical evidence at the crime scene.

Gerald Uelmen

In reading instruction 2.13, the special instruction on Thano Peratis, your Honor left out reference to the Grand Jury testimony which was read to the jury in this case.

The Peratis Grand Jury testimony was a key part of the blood evidence chain-of-custody dispute; omitting it from the instruction could have disadvantaged the defense.

Brian Kelberg

And I picked up the same thing.

Prosecution independently caught the same error, reflecting the cooperative tone of this sidebar — both sides aligned on correcting the record.

Evidence (2)

Informal

Jury instruction 1.03 — standard instruction about deciding facts from evidence received in court

discussed, error flagged regarding jury view

Informal

Jury instruction 2.13 — special instruction on Thano Peratis, including his Grand Jury testimony

discussed, omission of Grand Jury testimony reference flagged and corrected

Notable Exchanges (2)

Gerald Uelmen•Brian Kelberg

Both defense and prosecution independently identified the same error in instruction 1.03, with Kelberg confirming 'I picked up the same thing' — an unusually cooperative moment.

collegial

Johnnie Cochran•Lance A. Ito

Cochran asks about scheduling for the coming days; Ito explains he needs to arrange court reporters and will know by Monday.

routine

Objections

None recorded

Proceeding 7810 • 28 utterances

Criminal Trial

Department 103