In Session Prosecutor Chris Koch responds: Its the States position that two times now with its request for a mistrial the defense has included quotes from a case they call the Grace case . . . we were finally able to go back and look at that case, and Mr. Brodsky says the Grace instruction was approved by the appellate court; thats just not true . . . in fact, when that case went to trial, the defendants were acquitted, so it never went up on appeal . . . that instruction they continually submit to the Court is not an instruction that was taken up on appeal . . . the instruction Your Honor has proposed, the issue with regards to the court order . . . Your Honor, in your ruling, talked about the context of the order of protection . . . Judge: Mr. Koch, stop! My order yesterday was crystal clear . . . were not going to revisit the Courts order. Koch: The reason I bring it up is the instruction youre proposing to give today . . . the purpose is to give an instruction to the jury that clears any prejudice that might have been committed . . . we would ask that not be submitted; again, this is to cure what, if any, prejudice was put onto the defendant . . . Judge: If you dont want me to express the Courts displeasure with the States flagrant ignoring of my ruling, what sanction do you think I should impose? Koch: Im going to leave that to the Courts discretion. Judge: Well, Im asking you. Koch: The alternative would be to impose a sanction outside the presence of the jury . . . if Your Honor is not inclined to do it, then were ready to proceed with the trial this morning. And Ms. Kernc will be on the stand momentarily.
oke:
