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Turley: Not Clearly Good News for Prosecution When Jury Asks for the Instructions Again

‘I have to tell you as a criminal defense attorney, I would not view this as clearly good news for the prosecution’
By Grabien Staff

EXCERPT:

TURLEY: “The other possibilities include that they are looking at this evidence and they're trying to figure out what they can establish as fact, not just to insinuate or assume the facts. So I don’t consider this such a clearly positive thing for the prosecution. As a defense attorney, I would welcome this type of request. They were only in there for a few hours and they asked to hear the instructions again and they asked to hear court testimony. The problem that Trump is having remains those instructions. They are very one-sided, and they have converted this into something of a canned hunt. What Judge Merchan has said is that you could divide 4-4-4. You could have three groups of jurors who view the facts materially differently, they could disagree as to what crime was behind this effort to falsify business records, and Merchan will still treat that as a unanimous verdict. That is pretty chilling for people that believe strongly in the criminal justice system and the very high standard of proof that is required."

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