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 • Lines: 28

At a sidebar, Gerald Uelmen identifies two issues in the jury instructions: language in instruction 1.03 that he says may mislead the jury because of the jury view, and omission from instruction 2.13 of a reference to Thano Peratis's Grand Jury testimony. Brian Kelberg says he also noticed the first issue and, regarding the second, states that it had been put in; the exchange does not confirm a completed correction. Johnnie Cochran asks about scheduling, and Kelberg requests the final jury-instruction packet as early 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.

Uelmen warns that the instruction's language about evidence received in court may mislead the jury because of the jury view.

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.

Uelmen identifies the omission of a reference to Peratis's Grand Jury testimony that had been read to the jury.

Brian Kelberg

And I picked up the same thing.

Kelberg says he noticed the same instruction 1.03 issue Uelmen raised.

Evidence (2)

Informal

Jury instruction 1.03 — 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; Uelmen said it omitted reference to Grand Jury testimony read to the jury.

discussed; omission of Grand Jury testimony reference flagged; Kelberg stated it had been put in

Notable Exchanges (1)

Gerald Uelmen•Brian Kelberg

Kelberg said he had noticed the same instruction 1.03 issue Uelmen raised.

collegial

Objections

None recorded

Proceeding 7810 • 28 lines

Criminal Trial

Department 103