[This report was produced live during a court hearing with a lot going on. There will be typos. Please don't email us about typos that you find.] Early morning session. Judge Olmedo is taking care of a couple of other cases this morning, so the usual folks are not here yet.
Cohen is talking about specific jury instructions, ones which *could* make a huge difference in sentencing. The court went over them on Nov 7th.
Here are a few that Olmedo listed and a mini description of what they mean:
3500: Unanimity (All jurors must agree.)
3501: Unanimity: When Generic Testimony of Offense Presented (Multiple offenses presented, Jury must agree guilt on all, OR guilt on one offense must be agreed upon by all Jurors.)
3502: Unanimity: When Prosecution Elects One Act Among Many (Guilty only if Jury agrees offense committed at a time and place.)
3515: Multiple Counts (Separate crimes, separate verdicts.)
3517: Deliberations and Completion: For Use When Lesser/Greater Crimes (If guilty of lesser crime but not greater crime, defendant may not be charged for both.)
And one which relates to evidence of the timing of a crime:
207: Proof Need Not Show Actual Date (People not required to prove exact time)
In order for a 'Rape by Force, Fear, or Threats', the jury must find 1> intercourse 2> no consent 3> accomplished by force. Cohen is hoping some of these jury instructions will limit how many of these charges can be applied to each offense.
Tony, please do a podcast on California's One Strike Law to explain why this morning session is a big deal.
Of course Masterson won’t testify. He’s a Scientologist. Never defend (always attack).
You think Olmedo reads The Underground Bunker?
This short read has a lot to unpack.
Cohen is talking about specific jury instructions, ones which *could* make a huge difference in sentencing. The court went over them on Nov 7th.
Here are a few that Olmedo listed and a mini description of what they mean:
3500: Unanimity (All jurors must agree.)
3501: Unanimity: When Generic Testimony of Offense Presented (Multiple offenses presented, Jury must agree guilt on all, OR guilt on one offense must be agreed upon by all Jurors.)
3502: Unanimity: When Prosecution Elects One Act Among Many (Guilty only if Jury agrees offense committed at a time and place.)
3515: Multiple Counts (Separate crimes, separate verdicts.)
3517: Deliberations and Completion: For Use When Lesser/Greater Crimes (If guilty of lesser crime but not greater crime, defendant may not be charged for both.)
And one which relates to evidence of the timing of a crime:
207: Proof Need Not Show Actual Date (People not required to prove exact time)
In order for a 'Rape by Force, Fear, or Threats', the jury must find 1> intercourse 2> no consent 3> accomplished by force. Cohen is hoping some of these jury instructions will limit how many of these charges can be applied to each offense.
Tony, please do a podcast on California's One Strike Law to explain why this morning session is a big deal.
closes his eyes, spins around, and then chooses whatever suit he happens to select. I about choked on my sandwich. That is hilarious
Coen to not call Anyone he must think this is a slam dunk for him. A public defender could do better.
Do you get to know why they need to replace a juror?