OK - #TrumpTrial jury instructions from Judge Merchan (one hour) then deliberations. Inner City Press Fixer/Cohen audio/book
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All rise!
Clerk: This is the People of the State of New York against Donald J. Trump!
Justice Merchan: You were both shown the verdict sheet
Prosecutor: We noted an omission on page 40, for the 34th count it should say the check number.
Justice Merchan: OK
Justice Merchan: Get the jury please.
[Jury entering]
Justice Merchan: Jurors, I will now instruct you on the law. You will not receive copies. I can read them back to you. If you have come to believe that I have an opinion of this case, put it out of your mind
Justice Merchan: In your deliberations you may not speculate about matters related to sentencing. If there is a verdict of guilty, it will be my responsibility to impose sentence. Testimony which was stricken for the record must be disregarded by you.
Justice Merchan: If you wake up and it is not raining but the street is wet, you may draw the inference that it rained overnight... On redactions, you may not draw any conclusion about why it is redacted, or what is redacted
Justice Merchan: Here are some of the limiting instructions I gave you: that AMI entered a conciliation agreement and a non-prosecution agreement; you may not consider that as evidence that the defendant committed a crime.
Justice Merchan: Some exhibits were admitted with a limiting instruction. If you have any questions, just send me a note... Whatever your verdict may be, it may not rest on speculation or bias. You must decide if witnesses testified truthfully or not
Justice Merchan: You may ask, Did the witness have a conscious bias? You may consider if a witness had or did not have a motive to lie. You are not required to reject the testimony of an interested witness.
Justice Merchan: Under our law, Michael Cohen is an accomplice. A defendant may not be convicted on the testimony of an accomplice unless it is corroborated by other evidence.... The offense is falsifying business records in the first degree, 34 counts
Justice Merchan: Under our law, a person is guilty of this when with intent to defraud, with the intent to commit another crime, that person causes the entry of a false business record. Intent means conscious objective or purpose.
Justice Merchan: The first of the People's theories of unlawful means is Federal elections law, including as to the office of the President of the US. Under FECA, a corporation may not make a contribution to candidate or an expenditure in concert with a candidate
Justice Merchan: If the payment would have been made absent the candidacy, it should not be treated as a contribution. There is an exemption for legitimate press functions. The second of the People's theories of unlawful means is to falsify other business records
Justice Merchan: You may consider for example the 1099 issued to Michael Cohen, and his other paperwork. The third theory is violation of tax law, even if it does not result in any underpayment of taxes. We start with the invoice of Michael Cohen in February 2017
Justice Merchan: There are 33 other counts - the only difference is that each count concerns a different business record, possibly a different date... the 34th count pertains to December 5, 2017. Section 17-152 of NY Election law concerns promoting or preventing
Justice Merchan: If you find the People have proven the elements beyond a reasonable doubt, you must find the defendant guilty... Motive is the reason why the person chooses to engage in criminal conduct. Motive is not an element of the crimes charged
Justice Merchan: Your verdict must be unanimous. You must deliberate - discuss, consult, listen, reason together when considering the evidence. You should not hesitate to change your vote if you are convinced. Some took notes - they are only for you
Justice Merchan: If you want testimony read back, ask me. Stricken testimony will not be read back. Under our law, the first juror selected is the foreperson, who transmits notes to the Court. When there is a verdict, the jurors will come back here
Justice Merchan: I will give you a verdict sheet. While you are deliberating, you will be kept together in the jury room. Lunch will be provided. Give your cell phone to the court officers while you are deliberating. The plan is to work today to 4:30 pm
Justice Merchan: That concludes my instructions. Counsel, please approach.
[sidebar]
Justice Merchan: Just don't put your name on the notes, just the number. Wait I have one more question for counsel
[another sidebar]
Justice Merchan: Juror, there's a laptop with the evidence on it. Jurors 4 and 6, you will be shown how to operate it. Step out, with the 6 alternates stepping to the side.
Justice Merchan (to alternates) Every one of you was very engaged. Alternate 3 you went through 3 notebooks, I think. We are not releasing you yet, you may be needed. Hand in your cellphones. Follow the court officers
Justice Merchan: Let's bring Jurors 4 and 6, who volunteered for the laptop, in to show them how to operate it. Mr. Blanche, has your client consented to sending the laptop back?
Trump's lawyer Blanche: Yes.
Jury note alert, on the move...
Justice Merchan: Good afternoon, we received a note.
Justice Merchan: It's signed by the foreperson [by number] at 2:56... The request is for David Pecker's testimony about phone conversation with the defendant, about the decision not to finalize on Karen McDougal's life rights [Pecker: amazon.com/dp/B0D2V212N2
Justice Merchan: Also Mr. Pecker's testimony about the Trump Tower meeting, and Michael Cohen's testimony about that meeting. [Cohen / Fixer book: amazon.com/dp/B0D2M7LGQ5
Justice Merchan: We have a note from 3:51 pm, they say they want the instruction re-read to them. I suggest we bring them out, tell them we're working on the testimony and ask for clarification about the instruction request. Does the laptop have wifi?
Justice Merchan: When we let the jurors go tonight, let's get our hands on the laptop and disable the wi-fi. How many pages are we looking at for the read-backs? Thirty?
[Trump at defendant table is speaking with both Blanche and Bove. Nechless alone at the end
Jury entering!
Justice Merchan: The first note requests David Pecker's testimony on the phone conversation with Donald Trump in NJ meeting & on not to fund McDougal's life right
Pecker's about the Trump Tower meeting
Michael Cohen's about the Trump Tower meeting
Justice Merchan: To tell me how much of my instructions you want read back, you could go back into the jury room and send out a note, you would not have to be brought back in before you leave for the night. Don't talk to anyone about the case, or post about it
Justice Merchan: Tomorrow you could decide to work late, but not beyond 6 pm. Good night.
[Jurors leave]
Justice Merchan: On the first note, do not leave the courtroom until you have agreed on the read-back. Thank you.
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OK - now in kidnapping trial in 111 Centre Street - ADA tells jurors that the defendant was squatting in an AirBnB, fighting eviction virtually in housing court - then moved in with victim in Washington Heights. Inner City Press will live tweet, thread below
ADA: Once defendant moved in, he told the victim that he'd had a child - then invited the mother and child to move into the victim's childhood bedroom. She stopped paying rent, so he would get evicted again. But he tortured her and stole her money
ADA: You will hear from the victim's co-workers, who saw the bruises on her face and took her to NYU Langone. You will see video of her going into her apartment building on Friday and not coming out until Monday, without her phone
OK - now in DC PRESERVATION LEAGUE v. DEPT OF INTERIOR after an emergency motion by plaintiffs, DDC Judge Ana Reyes convened 8 am hearing. Inner City Press is covering the case(s)- including DDC not unsealing & will live tweet, thread below innercitypress.com/fedcourts3unse…
Judge Ana Reyes: I'm abroad, that's why I'm not currently in a robe. The Force, it seems, is not with me. I've read through the papers. Let's see, Mr. Robertson, is this fundraising pledge authentic?
US lawyer Robertson: I do not know.
Judge Reyes: My strong inclination is that someone in the Government has been in communication about whatever is happening at Hains Point. We now have some smoke and a little bit of flame. I am going to ask for communications
OK - now in Harvey Weinstein trial, Jessica Mann *still* on cross examination, Teny Geragos asking her,, you have him your new phone number 5 times, right? - Inner City Press covers it for project Last Stand & will live tweet, thread below matthewrussellleeicp.substack.com/p/mann-on-the-…
Weinstein's lawyer Teny Geragos: So five times after 2013 when you got a new phone number, you gave it to Harvey?
Jessica Mann: I did.
Geragos: And here he invites you to the Knicks game?
Mann: The Knicks game?
Geragos: Dinner with Knicks' owner
Mann: Yes
Teny Geragos: In August 2013, he is not asking you to do anything sexual, right?
Jessica Mann: I don't know.
Geragos: You wrote you wanted to spend time alone with him?
Mann: Yes. I would ask his advice.
Geragos: In August you were not yet at the hotel?
Mann: OK
OK - now in Harvey Weinstein trial, Jessica Mann still on cross examination, Teny Geragos asking her, In February 2013, didn't you know he was married? - Inner City Press is covering the trial & will live tweet, thread below matthewrussellleeicp.substack.com/p/mann-on-the-…
Teny Geragos: You brought you friend because you wanted them to see Harvey Weinstein, right?
Jessica Mann: I don't know if that's true.
Geragos: They drove one hour from Orange County to see you - and you went to see Harvey Weinstein?
Mann: They were with me
Teny Geragos: You thought he wanted to teach you about screenplays, giving you homework?
Jessica Mann: I thought he was mentoring me.
Geragos: Is buying you five books something someone does for a business meeting?
ADA: Objection!
Justice: Overruled
OK - now in Harvey Weinstein trial, Jessica Mann *still* on direct, about reporting 2013 Doubletree NY to police in Beverly Hills, California - Inner City Press is covering the trial & will live tweet, thread below matthewrussellleeicp.substack.com/p/metoo-mistri…
Assistant DA: Why did you go to the Beverly Hills police in 2018?
Jessica Mann: Because of what happened... And I had read about other woman coming forward.
Justice Farber: Jurors, this would usually be inadmissible hearsay. But it's for the effect on her
ADA: Did you give the police five of your phones? Why?
Jessica Mann: Yes. I knew it would be complicated...
ADA: What state do you live in?
Mann: Washington State.
ADA: Did we pay for your travel and per diem spending money?
Mann: I think so.
OK - now in Harvey Weinstein trial, Jessica Mann still on direct, about Weinstein calling Bill Clinton about Hillary fundraiser - Inner City Press is covering the trial & will live tweet, thread below matthewrussellleeicp.substack.com/p/anatomy-less…
Assistant DA: Did he call Bill Clinton in front of you?
Jessica Mann: Yes. They were talking about Hillary Clinto's campaign-
Defense: Objection!
Justice Farber: Sustained.
ADA: Did they discuss Hillary Clinton?
Mann: They were trying to get her elected President
Jessica Mann: Despite all this I still kind of think he's a genius. He made incredible films. There are things about Harvey that I really like (sobs)
ADA: See this email where you inform the defendant about your birthday - do you remember why you did it?
Mann: No