4:19pm: Apparently a jury instruction was given in error, and ASA Mary Beth Rodgers says it could be withdrawn. Judge says that’s a possibility, inform jury of withdrawal. Fultz says the instructions deal with “two different factual scenarios,” and simply respond that jury has been instructed on the law, and to follow those instructions.
Rodgers: One was submitted in error, but caselaw doesn’t support introducing a new theory in the case. Jury signals there’s confusion between the two instructions, and the one causing confusion should be withdrawn. Judge: “We don’t know what they’re considering and not considering, right?”
Rodgers wants withdrawal or shorter instruction. Defense wants written answer. Defense objects because it’s gone already to the jury. Cadigan wants both sides “memorialized” for the record, while the judge can make a decision.