Judge Whitaker is on the bench as attorneys talk about instructions to give to the jury.
RICO expert John Floyd is there sitting next to Adriane Love.
Here is a story about who Floyd is.
Whitaker once again clarifies that if Kenneth "Woody" Copeland refuses to testify today, they are going to tell the jury to disregard all of his testimony, including evidence introduced.If Woody does testify, then only testimony after the afternoon of June 12 will be stricken.
Love asked if Whitaker could add a line that says "unless and until he decides to testify" but Whitaker said she wasn't planning to and will give the jury instructions later if Woody does end up testifying after first refusing to do so.
"I instruct you and admonish you now that you must disregard any and all of (Woody's) testimony and any evidence introduced during his testimony, unless you are later instructed differently, you may not consider this evidence at all in your deliberation and in reaching a verdict.
If Woody does plan to take the stand, Whitaker plans to give the jury a different instruction.
If he testifies: "You are to disregard any and all testimony and evidence that came after the questioning and answers about (Woody's) involvement in the Atlanta Blood Gang, ABG and his Jan. 11, 2015 interview with Thorpe of the APD." It will be everything after 3 pm June 12.
Whitaker once again clears up that there are two separate instruction in the eventuality that Copeland testifies or doesn't testify.If he doesn't testify, all testimony is stricken. If he does, then only testimony after a break at 3 p.m. on June 12 through June 17 is stricken.
Whitaker once again says that she is going to ask jurors if they are able to disregard the testimony."If there are any of you who can't set aside and completely disregard that portion of (Woody's) testimony during your deliberations, let me know now and we'll go from there.”
Whitaker said last week that any jurors who said they couldn't disregard the testimony could be excused.There are only 16 jurors left, which means that if 5 are excused, there would be a mistrial.
Keith Adams said there is no consensus among defense attorneys that the question is necessary or not. Whitaker said she plans to ask it over some attorneys objecting.
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