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Subject:  Re: The Cost Basis Crisis Date:  7/14/2006  7:15 AM
Author:  JeanDavid Number:  87783 of 123001

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