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Subject:  Re: The Cost Basis Crisis Date:  7/14/2006  7:15 AM
Author:  JeanDavid Number:  87783 of 127513

The judge definitely should have given you jury instructions. Explaining the law and the standard you had to meet. And in the oddness of your case, absolutely should have made clear that lack of a defense is *not* evidence is not to be considered as such. Not doing so would have most certainly been grounds for appeal. Either that, or you guys just weren't paying attention.

I do not suppose the judge thought this case odd. If you did not consider the evidence, it was just another assault and robbery, deserving expeditious conviction to get another item off the court calendar.

The jurors just wanted to go home. The presentation of "evidence" took less than 1/2 hour, IIRC. The rest of the jury wanted to convict almost right away and go home for lunch on a Monday. I hung in there until late Friday afternoon.

The jury not only would not understand that the defendent did not have to prove himself innocent, but it could not follow the (simple) logic of the evidence.

A woman was robbed. The robber came on her from behind and, when threatened, threw her pocket book on the ground and went into her house and called the police. SHE NEVER SAW HIM.
The police then drove into the next town (not the one where the robbery occured) and arrested a man of the colored persuasion. He did not have the pocket book or any of its contents. They confronted the woman with him and asked if he was the robber. She said she did not know: she had not seen him. A few weeks later, she saw him again it the courthouse and recognized him as being the same man as they confronted her with soon after the crime. NOTE: this does not identify him as the robber; it only identifies him as the same man as the police arrested. But the jury could not follow that logic. So we, the jury, just sat there for 5 days even though we sent word to the judge that we were deadlocked. He just told us to keep deliberating.
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