JURY INSTRUCTIONS
DAY TWENTY ONE - May 11, 2023
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Judge Charles R. Brehmer is about to read jury instructions in the case of Trezell and Jacqueline West. First he's telling the jury the dates of sunrise and sunset on certain dates in September 2020, the month in which prosecutors say Orrin, 4, and Orson, 3, died.
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2:07 PM · May 11, 2023
Brehmer is reading the instructions. It's expected to take about an hour.
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He said some of the instructions may not apply depending on their findings in the case. He told them not to do any research or investigate the facts of the law regarding this case.
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The jury must separately consider the evidence and each charge against each defendant separately. Both Trezell and West are charged with the 7 same crimes. For counts 1-6, the crimes allegedly took place in Sept. 2020, and county 7 on Dec. 21, 2020.
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Brehmer said the fact that charges have been filed does not mean the defendants are guilty. They are presumed innocent unless proven guilty beyond a reasonable doubt.
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The judge said evidence is the sworn testimony of witnesses, exhibits presented during the trial and anything else he specifically identified as evidence. Nothing the attorneys say is evidence.
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Any testimony stricken from the record must be ignored, Brehmer said. Anything the jurors heard outside the courtroom also must be ignored.
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Facts can be proved by direct or circumstantial evidence. Both are equally valid. Circumstantial evidence is evidence of another fact or group of facts from which you can conclude the truth of the fact in question, Brehmer said.
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If 2 or more reasonable conclusions can be drawn from circumstantial evidence, and one points to innocence and the other to guilt, the jury must choose the one that points to innocence, Brehmer said.
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With witnesses, the jury must consider whether the witness knows someone in the case and has a certain bias, and whether they made inconsistent statements.
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The testimony of only one witness can prove any fact, Brehmer said. But before determining that, the jury should review all evidence.
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Both the prosecution, defense and law enforcement must disclose their evidence at a specified time before trial. Two Cal City officers had contact with a man in Cal City who had video surveillance but didn't take notes or use their body cameras to record this contact.
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The officers did not seize, obtain or ask for the surveillance footage from the man. It wasn't until the testimony of one of the officers that anyone else became aware of the existence of the video. Because of this the defense couldn't view it.
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The jury can take that into consideration.
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The jury can use statements witnesses made before trial to determine if what they said in court was true. This includes children 10 and younger who testified at trial. "You should not discount or distrust the testimony of a witness just because he or she is a child.
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A defendant has an absolute constitutional right not to testify, Brehmer said, telling the jury not to consider for any reason the fact that the defendants did not testify. That is not allowed to influence their decision.
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If the Wests made false or misleading statements before trial, that can't prove guilt by itself.
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There has been evidence presented of uncharged crimes -- child abuse -- and that can be considered along with the other evidence. The evidence of the uncharged crimes can't be used by itself to determine guilt of charged crimes, Brehmer said.
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A defendant is not responsible for any acts before he or she joined a conspiracy, Brehmer said.
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The defendants are charged with both murder and manslaughter. Brehmer is explaining the differences.
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To prove they're guilty of murder, prosecution must prove they committed an act that caused the death of another person or they had a duty to act to prevent the death of Orrin West, Brehmer said.
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A parent has a legal duty to help or care for their minor child, Brehmer said.
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Among the allegations is that an unknown co-conspirator killed Orson West on Sept. 17, 2020.
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A separate decision must be made as to whether each defendant was part of a conspiracy, Brehmer said.
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For count 2, involuntary manslaughter, Brehmer said that crime occurs when a person commits an unlawful killing but does not intend to kill.
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The Wests are charged with two counts of child abuse likely to result in death or great bodily harm, one count for Orrin, the other for Orson.
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The judge has finished reading the instructions.
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The judge said police and law enforcement reports are not in evidence. The jury when deliberating can request testimony about those reports, not the reports themselves.
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Closing arguments are scheduled 9 a.m. Tuesday.
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