Thread by @UR_Ninja

Court is starting now in Charlottesville at 'Sines v. Kessler' the #UniteTheRight Trial. here's yesterday's thread:

https://twitter.com/UR_Ninja/status/1460611836752142342

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First to testify is a man with a white beard from League of the South, a neoconfederate organization named Richard Hamlin (sp?) who was at Unite the Right in 2017.

This is expected to be the *last* day of the defense, but not for certain

an audio clip is being submitted by defendants attorneys, with an objection of no foundation

The witness describes something about leaving the streets in the audio and there's another objection. A lot of yelling in the clips - the witness says a counterprotester is yelling in the clip

the defense attorney calls attention to 'do something n***' in the audio clip as Hamlin says they were headed to the parking garage, then the witness claims that person attempted to trip him (later at the garage one of the UTR participants pulled a gun)

The defense attorney asks about 'shields up' statement on the audio and witness claims stuff was flying thru the air towards neoconfederates earlier in the day. video clip is admitted defense 072B a video clip showing Michael Tubbs leading LoS group away from the park

In the video clip confederate flags and a circular shield with the SS 'black sun' occult fascist symbolism are visible. The group heavily of LoS members was marching up Market Street towards the parking ramp, away from the park - riot police made a perimeter on the park edge

they highlight one counterprotester who waved a flagpole around at a distance from the neoconfederates. skipping ahead counterdemonstrators continued to trail the LoS group along Market Street. They circle Deandre Harris and some other people in the counterdemo crowd

the witness Hamlin (sp?) had a large LoS flag and riot helmet with face shield as he marched along the right side of the neoconfederate group towards the parking ramp. Video shows scuffle at parking ramp

Hamlin describes the video showing him in a fight with counterprotesters in the street, near the parking ramp, with a group of other neoconfederates. Bryan Jones stops questions, and plaintiffs start

Hamlin says to plaintiffs he was chair of the Tennessee chapter and joined League of the South in 1995, saying he would 'secure the independence of the south by any means honorable' (sic)

Hamlin isn't sure if he did TN LoS Facebook posts or approved them-plaintiffs submit a post. Dated July 9 'Aug 12th must be a defining point for our people... stand in solidarity vs enemies of our folk our blood our kith and kin'. he says he agrees w post, not sure if edited it

'yankees and communists' are enemies of the folk says Hamlin. He says he doesn't necessarily share Michael Hill's view about Black people and Jews. 'they were trying to erase our history' claims Hamlin. Plaintiff points out nothing about monuments is posted in the FB post

He agrees he marched between Michaels Hill and Tubbs, met up at JoAnn Fabrics shopping center rally beforehand. Plaintiff asks if he heard Ike Baker talk
about white identitarians and Hamlin doesn't recall. Says he marched behind Tubbs. Then talks about going to garage

Plaintiffs ask about the Black man with a pole. Hamlin did not see him strike anyone with a pole. Ask about a counterdemonstrator getting maced. He doesn't recall LoS macing a counterdemo member. Hamlin didn't know Deandre Harris at the time. Claims to remember seeing him @ garag

Hamlin concedes he doesn't remember seeing Deandre Harris at the time on the street, only from video review of the roughly 6 minute walk to parking ramp. Plaintiff asks if he actually saw Harris do anything. Not until the garage. Hamlin didn't see start of fight in garage

Hamlin claims he did see the fight and was around 15 feet away or so. Tubbs was ahead of him. Claimed a counterprotester tried to take his flag. "I resisted, they took me down and she assaulted me" while plaintiff says that Hamlin assaulted her - he says he tried to push her

Plaintiffs say Hamlin struck the counterdemonstrator with a flagpole in her ear *before* scuffling, and that he told that to Hill several months later, then he says "I don't recall" . Plaintiff exhibit 3961. exchange of emails w David Harris and Michael Hill LoS Oct 2017

Weds Oct 11 Hamlin said to Hill, seqeuence is, she grabbed at flag from behind, he lowered the staff, caught her in the earhole of helmet, she spun around and attacked me. Hamlin concedes that's the sequence, that she grabbed flag fabric and he rammed at the helmet ear hole

Defendant objects to leading, no response from Moon. Plaintiff presses on sequence that she grabbed flag, was walking past, you lowered pole, jammed to her head, into the earhole of helmet and that was why she threw him to ground and punched. objection from defense

Hamlin doesn't agree w complete characterization but agrees 'more or less'. email: 'my one and only concern of concern is existence of photo or video' showing 'striking with tip of flagstaff' . 'last thing i want to be hit with a charge claiming self defense' on act of aggres'

More defense objection. Moon: do you agree? Hamlin said what he said is accurate. 'it was her colleagues that took her off you'. Hamlin claims a policeman chased her off; he says one policeman said to him 'you're too old to be doing this'. he didn't file report at nearby station

Moon: this incident not relevant to damages seeking in case. injuries sustained by plaintiffs regard Fields attack and attack at Jefferson statue, and Reverend claims got pushed by park on Aug 12. This is 'collateral' 'context and picture.. animus and conduct' not 'remote things'

Moon saying don't need to discuss remote things to case. Plaintiff say Harris was attacked in way of racial animus but isn't a plaintiff in this case. Moon says they don't need to go past that. Plaintiff ask if Kessler was prodding him to file a police report. Objection sustained

Hamlin says Kessler mainly didn't press him to file a police report, was waiting for Harold Cruz (sp?) - says he did file later. Judge strikes answer. Moon: Waving hands to stop "I'm not going to keep on w this". Plaintiffs stop. Cantwell comes up to ask questions

Cantwell goes back into video. Asks about a logo on helmet of counterdemonstrator. Hamlin only recognizes symbol from trial. Cantwell done. Smith comes up for defense. Def. Ex72B. Asks about logo. Says its not the TWP logo and Hamlin agrees. Hamlin is done

Erroneous exhibit numbers are being corrected and put in record. A few were missing and a wrong ##. Captain William Newberry Charlottesville PD now witness. Was a detective sergeant in investigations bureau. He did some research on groups on both sides. He was assigned LoS

Newberry was in contact over phone w LoS before UTR. Defense doesn't pursue much. Bill Isaacson for plaintiff asks if he had contact with more groups. Jack Pierce was another, talked to him before Aug 12. Objection beyond scope sustained for defense.

Isaacson wins on complete contacts should be disclosed. Defense worried about Pierce. Pierce was head of security but Moon says it's hearsay. Isaacson asks about what he represented his job was to the officer. Moon doesn't see how it could be anything but hearsay

Plaintiff (correction) asks if PD gave plans out to Pierce, def. objection is sustained to block this. Isaacson has no further questions and the PD officer is dismissed. Jones has no more evidence. Asks if anyone besides Cantwell has evidence. Cantwell calls for Natalie Romero

Defense Smith wants 1 exhibit in with 2533. A video not to publish to jury but want admitted. Plaintiff says he wants it held on advisement until end of break because Smith has been dealing with Bloch (plaintiff).

Witnesses are not at the courthouse now and are on the way. Cantwell wants to question Romero. We are waiting 10-15 minutes for witnesses.

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Cantwell is going to question Romero - Moon reminds the jury is supposed to evaluate the facts and reach their own verdict. Not to draw inferences from things Moon has said. Natalie Romero sworn in. ex 3267 still frame. shows her wearing a black bandanna

Romero said she wore a bandanna because she'd been maced. Denies any relationship with NLG. Cantwell asks about green whistle. She doesn't recall. He asks if she saw anyone else with green whistle. Cantwell trying to link green whistles to National Lawyers Guild green hats

ex3207 livestream video from Sines. Romero says 'guess so' when asking if she was blowing a whistle. On Water Street. She says she was part of group that went left. Agrees after they merged, she went onto 4th. Crowds merged at 4th & Water, Cantwell speaks of something else...

Romero agrees she says earlier she didn't see anyone carrying weapons. Video 3207 shows counterdemo marchers. Asks if she remembers 'our streets' chant. Asks about crowds merging at intersection by parking ramp and 'antifascista' chant, if she heard it. she did during the trial

She says she doesn't recall hearing it at time. 'they were chanting a lot of things' just before the attack. Objection compound/argumentative sustained for plaintiffs. cc ex137a next. (not visible in press room) Cantwell asks about clothing and someone else near her in video

plaintiffs object to portions that she cannot authenticate for cc ex137a being admitted. Moon sustains. Cantwell asks about students attacked at statue beatings. Romero did not testify to 'beaten one by one' attacks earlier. 'it happened kind of altogether' the beatings, at base

'we jumped on the statue once people started beating on people.. to get away from the flames and the punches,' says Romero about the UVA tiki torch march attacks. Plaintiff says the video can be played to the parts she can identify for foundation. (not visible in press room)

Plaintiffs object to characterization about man in blue shirt cantwell says is being beat up (we can't see the clip here - its from the UVA tiki torch attacks.) Romero asks video to stop as she is out of it. CC ex 137a, plaintiff demands to know if she saw all of this.

Plaintiff attorney says she doesn't know about the later part of the video. They asked for timestamps in the morning and Cantwell didn't give them at the time. Plaintiff says it's not in evidence (1min26secs of it) She's only authenticated beginning to start of fight

Moon says start over video and tell us to stop, if she left or? If you go back when it happened, Devin and Romero are supposedly visible running away. 'you start seeing that they're on top of us,' says Romero, 'the flames.. starting to hurt us.. is that you? go back a frame?'

Romero asks Cantwell to go back some frames as she thinks she sees Cantwell. He agrees, that is Cantwell "hittin this guy". She says "we are getting a bunch of those hits". "I see you in this video" she says. She asks for slow motion. she says can't confirm he punched her

she says she didn't see cantwell punch her, she can't confirm. she is wondering. she isn't sure who was hitting on that day. she's not sure how many times she got punched. 'we were taking hits'. 'sideswiped by fight happening next to us' says Romero

she says she was hit, not sure if punched directly. objection is overruled, Moon says 'get this straight'. Cantwell asks how many she said she got punched. She says she's only saying that because he popped up in this video. he now says wants to try to determine if he hit her

In a muddled exchange he asked if she had been telling people she got 'punched'. He also asks if she knows who a man in blue shirt is and she says no. "this is when they start" ... 'waiting to find the part where i punch ms romero'. objection that she didn't say that

Once again Cantwell trying to find endpoint of when she leaves the scene. zero to 53 seconds. that's the end of romero's authentication of this ex 137A. (we haven't been able to see any of this)
Another clip is shown from 137A now visible. asks about @EmilyGorcenski on clip still

.@EmilyGorcenski is holding a cellphone recording video - Cantwell asks about person next to Gorcenski. Cantwell concludes. Next witness is on the way.
--- Again it's believed defense will finish today, that should leave time for procedural wrangling before closing arguments tmrw

@EmilyGorcenski Second plaintiff today Devin Willis is called up by Cantwell as witness. Cantwell wants 10 second clip from Vice video. Plaintiff objects until authenticated and objects to subtitles added to video saying it shouldn't be in evidence. (Willis is ostensibly somewhere in it)

@EmilyGorcenski Plaintiffs say Willis was there with his head down. Moon asks when Willis was on 'rotunda porch or whatever' ? The statue? Willis says on statue. He is facing floor he says, he sees flames. He feels people attacking him and trying to leave. Plaintiff says still frame is fine

@EmilyGorcenski Moon wants to admit the ten seconds. Plaintiffs say its a news clip, including 'ominous background music'. Plaintiffs don't object to asking Willis about faces. Sidebar begins. They were trying to keep out more footage Willis can't speak to- hadn't seen directly.

@EmilyGorcenski Cantwell asks Willis if he recognizes UVA scene from Vice video. Willis confirms. Asks if "no nazis no kkk no fascist USA" chant recalled, Willis yes. He says he will never forget them marching w torches. Cantwell struggles with computer. He asks if Willis knows adjacent ppl (no)

@EmilyGorcenski Willis says he doesn't know other people who were counter demonstrators at the torch march, never saw them around campus. He asks if 'torn down one by one systematically'. He wasn't looking at every student but remembers someone in wheelchair peppersprayed at close range

@EmilyGorcenski (in prev tweet its cantwell asking, and willis wasn't looking at every student - to clarify)
ccex140A Cantwell asks if Willis is in it but can't see himself. He says he is next to Natalie and thinks he sees Natalie Romero in photo. Cantwell gets this admitted, shown to jury

@EmilyGorcenski Cantwell asks if one of them is a holstered handgun, maybe a handgun among the people at the statue. "it looks like one," says Willis. Possibly a holstered handgun in photo, not very clear.
Willis says the woman in wheelchair was to the right of him on north face of the statue

Cantwell goes back to px137a. Willis agrees he went to the UVA students against white supremacy sign and ID's himself in the frame. Willis says up to 58 seconds he can see himself - so now the video will be admitted up to that time mark without objection.

Cantwell asks about 'heads down' quote. Willis doesn't recall. ccex157. Willis recalls 'Jews will not replace us' chant from UVA torch rally. Says he knows the location east side of rotunda at base but not when it was filmed.

Willis agrees it's the north plaza. He recognizes 'no kkk no fascist USA' chant but isn't sure if he recalls the specific moment. (This is likely from the @EmilyGorcenski video - who describes community members standing against fascists). Cantwell moves to admit - Moon says it is

No objection from plaintiff for ccex157 to be admitted. cell phone video from the rotunda area. cantwell asks about 'this is important to all of us' stated by someone. Willis doesn't recall. Cantwell reconfims Willis didn't know Gorcenski at the time (true)

Cantwell asks if its odd that Gorcenski hid a lot of faces besides Romero and Willis. objection sustained. Gorcenski's video is aimed downwards avoiding most faces. Cantwell has no further questions.
Defense exhibit 1 has been admitted - Jones is up now

Objection to showing a picture. Willis is not the person circled in the exhibit and doesn't see himself in the picture. Jones is done. Willis is excused.

Moon asks for more evidence. Smith wants plaintiff 2533 entered in, a video. No objection from plaintiffs. Approach bench...

reminder:
We are expecting the 'charging conference' to happen later today which will be pretty dry and procedural - will probably consolidate this into few tweets + images. Closing arguments are expected on Thursday. Thanks for sticking with us thru nearly a full month in court

One issue about a UVA fire policy. 1430A in docket. custodial affadavit. Moon says the jury will be going in and out a number of times. He's sending them back to jury room for ~15 mins then they will get instructions, go to lunch, then get more instructions. Jurors filing out

Defense Objection now; was not on the exhibit list and not laid out in time. would be tantamount allowing to amend complaint. re VA conspiracy law. saying it was only about violence, and plaintiffs trying to attach unlawful means. no evidence defendants knew about UVA fire policy

Moon questions; clarifying about that they didn't know they could not light torches. Disclosure issue is that they haven't been able to get into it on the exhibit list. Plaintiffs say they aren't trying to amend complaint. its relevant as they put it at issue by claiming ...

... that it was legal. but it was not. re relevance and disclosure it speaks for itself, the policy is the policy. if the argument is that unauthorized tiki torches its highly relevant and probitive, they repeatedly claim its lawful, submit jury instruction its ok to do this...

the plaintiffs only submitted it because they put it an issue. Moon says that they should have expected it . Plaintiffs say its not prejudicial, and that it wasn't a lawful protest because they brought torches. they should be able to submit evidence

Moon says they didn't hurt people with torches, but plaintiff says there was evidence they swung torches. plaintiffs not sure if anyone says they were burned, whether or not the flames they evoked a horrific incident relative to damages. Moon says its too late.,,

Moon would say they would have a right to say they didnt know it was forbidden (and it mitigates damages). it comes up too late and reopens this case. plaintiff say they shouldnt be able to argue that its legal; ok to stipulate not to argue w jury that it was legal

Cantwell claims that Kline found out it was legal. Moon says the police can't alter university policy. Moon wonders if cantwell wants to snatch defeat from the jaws of victory

Moon says you should not be saying it was legal because that's not an accurate statement. defendants want to say the plaintiffs can't say it was illegal. plaintiffs say the whole argument is that they did unlawful actions. Moon says they can't argue the fire policy

Moon says that they can argue that they thought it was lawful, but not that it was lawful. Asks if everyone understands.
Plaintiffs object to some of Kolenich instructions. Moon says he wants to read with the boilerplate and that his voice will give out.

Moon is 'gonna read about 20 pages i believe' .. a brief break is happening now as jury instruction wrangling will continue.

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Back now. Moon asks about instructions. plaintiffs raise
on docket ECF1442 objected to about protest march in residential area and 1446 about 'advocacy of violence' plaintiffs objecting to. the proposed instructions they sent are correct and want to argue it.

Jury coming back

Paraphrasing a very long jury instruction Judge Moon has started reading back - telling them to judge the facts and evidence presented and not make their own interpretations of the law.

More jury instructions (a random video clip accidentally played)

Judge Moon specifies about expert witnesses in jury instructions

more about the 5th Amendment declarations, Benjamin Daly and Vasiliy Pistolis (an Atomwaffen / TWP affiliate) . Lunch should be an hour starting now for jury (about 1:05PM) but the jury may be out longer.
Judge wants to hear rule 50 motion - Smith speaking now.

Another defense attorney wants to file rule 50 motion but hasn't yet. Moon says, the theory is that defendants conspired by planning to come to Charlottesville with idea that antifa or protesters would be provoked into committing acts of violence and that would justify...

Moon: ...defendants taking retaliation. jury could infer, construe, in way favorable to plaintiff, and decide that the idea was to provoke violence but respond in greater degree than necessary for self defence. i think is sufficient evidence they could arrive against defendants

defendant atty; on 1986 claim, re prevent fields attack or torch march, not enough evidence my clients could have prevented that. Moon: question would be, if you anticipate a violent reaction, question is was fields conduct forseeable? re internet talk about cars into crowds

In as evidence a number of defendants congratulated fields and supported fields, indicate evidence that conduct by fields could have been anticipated as connected to the conspiracy . not planned by anybody but forseeable, not predict what they could be but.

Moon - that there was forseeability.
Defendant attorney: it was that they affirmatively planned to engage in violence (not the provoking). first amendment argument you are allowed to be provocative. the argument defendants to make they did nothing offensive until attacked

defendant atty: there's no other violence like shooting or car attack.. Moon; only liable for what is forseeable. defendant atty: don't think jury instructions say that now. Moon: i dont think a specific type of violence has to be forseeable but in the realm of possibility...

Moon; the rhetoric. the defendants explained their rhetoric. the jury doesn't have to buy the explanation . they can take the words at face value. Defense atty differentiates diff types of violence. Cantwell cites Kessler interview about park, disorderly conduct charge, ...

Moon: might agree w you (disorderly conduct not part of car crash). you invite people to the situation, there was chatter on the discord i believe, guys name from N Carolina, lets you run thru a crowd. no one said don't do that to my knowledge. someone was thinking , was all ...

over the internet . Cantwell: if we conspire to break speed limit, we dont become responsible for other speed limit chatters crimes . Moon: Conspiracy its clearly virginia law. been giving this many many years. upheld many times. gonna get past rule 50 motion now

Plaintiff; circulated instructions w 1st amdt should be kept as drafted. they object 1442 kolenich filing and 1446 advocacy of violence. they say its highly misleading thats why they wanted the fire policy. Moon wants to focus on the instruction.

Defendant atty (Kolenich i think); the federal conspiracy instruction is too unfavorable to us. can we add a sentence to make more plain that substance what you agree to is relevant. if a coconspirator went way beyond it you are not responsible for that act.

Moon: it's clearly Virginia law .. patterns applied to other orgs. Def atty: we didn't put Evropa was an org at relevant times. Moon: proven somethign was incorporated. Plaintiff; court should give instruction circulated order today, consistent with yours in many cases prev.

Def atty: asks during lunch breaking if counsel can get something agreed on federal conspiracy instructions. if they just lay out plaintiff theory of case w.o instructing case, i think its prejudicial, lowers their burden of proof.

Moon says OK. Take a 30 min lunch break NOW

Back now. Jury instructions evaluation continues (Jury is still out). Defense wants foreseeability wording changed. Plaintiffs tried to be faithful to Bradley they say. This has to do with whether defendants should have foreseen a vehicle attack

When the jury was out before lunch Moon said that Discord chats regarding advocating vehicle attacks before the attack are related to this foreseeability. Plaintiffs are trying to avoid changes around here - re conspiracy, racial animus jury instructions

The plaintiffs used an instruction about conspiracy Moon himself gave about a 2019 conspiracy case. He's moving thru the other sections of the jury instructions. Now touching on if Evropa's incorporation - Moon says there is some incorporation of Evropa

The instruction about Evropa is important for Kline's defense says his attorney - defense saying that they can find Kline operated on his own without Evropa being responsible say defense. Plaintiffs object saying it should be held out similar to UVA fire policy held out

Plaintiffs say that section 22, the defendants generally didn't try to stop anything , they could have had some power to stop the conspiracy. Moon asks about evidence. Plaintiffs say Cantwell could have told other people to stop, at the leadership meeting; NSM, LoS, could have.

Cantwell says that 'I want the police involved' at the leadership meeting should be taken as trying to stop the conspiracy. Moon moves on to 23 civil conspiracy under VA law. Plaintiffs mention foreseeability. 24 re Virginia code, something about vandalism mentioned by Moon

Plaintiffs may argue that Aug 11 conduct could include vandalism in closing. Property of plaintiffs could involve vandalism but Moon says there is no evidence and it doesn't take it away from the case, he will take it out.

25 assault and battery, 26 infliction of emotional distress. Defendants want that Kline's been sanctioned, and they don't want the jury to find against Evropa regarding a pretrial motion. There is a spillover instruction covering this say plaintiffs.

28 evidentiary sanctions against Kline. 30 is about First Amendment. Defense requests to add that it's lawful to advocate for violence, and that it's lawful to parade thru a residential neighborhood. Plaintiffs: proposed instruction is misleading...

Plaintiff: whole case is that its unlawful to do racist violence. Re the residential area this would confuse the jurors and this isn't supported by case law (Cohen v CA, 'f the draft' case) and the Skokie case which didn't permit a city to ban swastikas. which isn't relevant here

Plaintiff says the current jury instruction is good - Kolenich is citing a witness who was scared by people marching with torches. He says its legal to march with swastikas to scare a Jewish area (referring to Skokie). Plaintiffs say these cases don't support Kolenich proposed

On instruction 31 - self defense, can't be used as excuse for wrongful violence, defense claims it can't raise these. Moon says this covers that. Defense says it's only including state not federal. re if self defense is excluded from federal conspiracy claim

Moon says he'll look at it. 32 negligences defense do not apply says Moon. Goes on to 33 and 34, duplicate damages. they are working on the verdict form. Collateral source role? Punitive damages? Moon going thru this list of jury instruction elements

Plaintiffs requested an instruction that Fields didn't testify in defense because he refused at a properly noticed deposition. Plaintiffs want jury to know why Fields isn't there, they want it to clarify, and why they didn't call him. They might think why didn't they call him?

Kolenich (defense) goes back to #13. re motions to dismiss, they want something included in federal conspiracy section about defendants agreeing to conspiracy. Plaintiffs say its already in the instructions. defense say its not in there and should be added.

Plaintiffs say that you have to reach an agreement with an individual to engage in a conspiracy, that that's already clear elsewhere in the jury instructions. Cantwell says he thinks they're trying to use expert testimony (Simi) to plant an assumption there's a conspiracy

Judge Moon says there will be a recess (for an unknown time period). He is going to consider changes to the jury instructions and will come back - the attorneys could raise more issues then.

Court finally coming back now finally. Judge Moon says some claims by defendants have been dismissed. He's been evaluating jury instruction related motions for about an hour

Moon says the claims are dismissed about Virginia hate crimes statute. Jury coming back
this has to do with resolving the final jury instructions that are going to be given now. These will be bundled into images here as it's pretty dry - back and forths are not expected

Jury instructions about Conspiracy in Sines v Kessler: read out now from long document by Judge Moon (continues)

We will post this long jury instruction in full later - it will then be included in a rush transcript. it continues...

Judge Moon tells them to go back to the jury room for a few minutes - after this is done we will drop in the whole text from just now. Moon is taking objections without the jury. Kolenich is talking about Kline's issues specifically

Kolenich made some kind of mistake about Kline and Damigo. going back to point 13. Kolenich wants forseeability addressed with Virginia vs federal law. Cantwell says re Simi expert, that Simi was helping shortcut the conspiracy requirement via his testimony

Plaintiff atty re coconspirator line, in #13 jury instruction, position is defendants are taking language out of context. They say Moon was following pattern of instructions, not to envelop all the rallygoers into conspiracy. Informal agreements are sufficient. (agreeing w Moon)

Kolenich can't find self defense section. that it can be used with VA claims, but that they can't apply self defense to federal claims (someone says that's not what he said) Moon doesn't know why it would be different. Plaintiff says Kolenich is misrepresenting

Plaintiff says that mix of legal and illegal motives can establish conspiracy. It's not a defense to the conspiracy claim, Moon has given that before. Cantwell says its about preparations of use of force was done in self defense

Defendant atty claims that 'separately' is the problem re state / federal instruction difference. Moon says we can make that. Cantwell talking #31 instruction, it says they 'may' consider. He asks if it's optional for jury to consider self defense. Plaintiff say "may" is correct

Cantwell is trying to litigate a weird phrasing about #31 about 'may'/'must' re self defense but he's finally dropped it. Moon says "you must consider all relevant evidence" should be inserted above that somewhere (it seems?)

On hate crimes statute area plaintiffs found a typo on #24 Sines was spelled wrong. Plaintiffs confirm jurors will get everything in print. Another defendant tries to join with the other motions. .. slowly nearing the point of bringing the jury back here

ReBrook for defense is trying to address the court and a hopelessly weird fragmented sound, like, fragmentary alien bleeps and bloops, is emitted, presumably a corrupted audio application
"I just don't think this is gonna work" says Moon

some phrase changes seem to be accepted. Plaintiffs don't want #13 being changed but it is. "Separately" is being removed from #31. Moon calls the jury back in.

Moon to jury: 2 corrections in instructions. In #13 at the 2nd paragraph last sentence, 'all plaintiffs must show is an agreement to cause racially motivated violence' is new language.
#31 'you must consider all relevant evidence as stated in other relevant instructions'

Moon says, self defense may be relevant - re #31.
Re defendant Fields, Moon says he was absent because he refused to testify at a noticed deposition. To level the field court issued sanctions to prevent him from testifying at his defense in his trial.
Closing arguments tomorrow

The jury is excused now with these tweaks - now the judge is leaving and the day concludes. The jurors will get a copy of these voluminous instructions.
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Closing arguments will be at the start of tomorrow - 2.5 hours for plaintiffs and 3.5 hours for defendants. Then the jury will start deliberations on if defendants are liable, and possible compensatory & punitive damages.

Stay tuned as we will be back covering this again live.

Before we forget - today's condensed jury instructions. This is paraphrased - the full document may become available from court officials soon. pt1

Today's condensed jury instructions (pt2)

last part of today's jury instructions from Judge Moon (pt3). They totaled around 20 pages. Thanks for joining us today!

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