Going to take a break We'll come on in a sec Phil Tenser
Phil Tenser
25 minutes ago
Defense asking that the instruction reference CMHIP, where gunman would be committed if found NGRI
Makes it clear that the court makes the final determination that someone found NGRI can be released
Judge doesn't believe he has the authority to change this, but also doesn't share the concerns expressed by defense
Judge explaining how the jury was already taught this information
Judge says this is the only instruction for informational purposes only that he is aware of
Spengler alludes to the video they're going to show of the defendant in jail falling
Defense argues that the standard instruction doesn't "convey just how difficult it is and what the procedures are for someone to be released from custody following a finding of NGRI
Defense version was titled "informational instruction on commitment procedure"
Next is #19: "Informational instruction" about NGRI commitment of defendant
Judge is going to think on the defense 2nd paragraph for this instruction. no ruling today
Next is instruction #18, which he says he's already given to the jury. It is the affirmative defense of insanity's description of "distinguishing right from wrong
Judge will include paragraphs included in the law, but not the redundant ones the prosecution objected to
Prosecution arguing the defense additions are redundant
Nelson: "This case is about mental state so we think it is important to highlight for the jury that they can consider mental state
Defense says they've added paragraph reminding the jury that the prosecution must "disprove" their insanity argument Phil Tenser
7News