In Session
Judge Burmila has just taken the bench. “The matter comes on for charging the jury.” There is a brief judge/attorney exchange (about the use of the word “charge” vs. “charges” in the jury instructions). There are two counts of First Degree Murder with which the defendant is charged, however there is only one verdict form. The judge decides to read the instructions in the singular.
In Session The jurors enter the courtroom. Judge Burmila: “I will now instruct you in the law . . . you must not single out certain instructions and disregard others . . . it is your duty to determine the facts, and determine them only from the evidence in this case.”
In Session “The evidence which you should consider consists only of the testimony of the witnesses and the exhibits which the court has received . . . faithful performance by you of your duties as jurors is vital to the administration of justice.”
In Session “Neither the opening statements or the closing arguments are evidence. And any statement by an attorney that is not based on the evidence should be disregarded . . . the defendant is charged with the offense of first degree murder, and he has pled not guilty.”
In Session “The defendant is presumed to be innocent of the charges against him . . . that is not overcome, unless you are convinced beyond a reasonable doubt that the defendant is guilty.”
In Session “You should not concern yourselves with who made objections, or whether they were sustained or overruled.”
In Session “Evidence in the form of the testimony of Jeff Pachter has been received . . . it has been received on the issue of the defendant’s intent, and is to be considered by you only for that limited purpose . . . evidence in the form of testimony from Mary Parks and Teresa Kernc has been received on the issues of the defendant’s intent and motive . . . again, it is for you to determine what weight should be given to this evidence.”
In Session The judge now goes over the elements of first degree murder. “If you find from your consideration of all the evidence that each one of these propositions has been proved beyond a reasonable doubt, you should find the defendant guilty. If you find that any one of these propositions has not been proved beyond a reasonable doubt, you should find the defendant not guilty.”