UPDATED: 12.09.17 @ 10 PM EST — Late on Saturday night, defense counsel Reed Brodsky filed a five page PDF of a proposed Jury Instruction No. 49 — to set forth the defense’s theory of the case. To be clear, Judge Matsumoto has not agreed to give it yet, but as it likely tracks the defense closing argument before the jury, I will disclose it, as the jury will hear it in real time, anyway. I link to it now, because the other 48 instructions (already ordered, and provided below earlier today) closely track those in the US v. Shkreli trial. As I say, this one proposed instruction nicely highlights the differences (some real; some imagined) between Messrs. Greebel and Shkreli. So do… enjoy.
Yep — I’m just providing balance here. I now (late on Saturday night) expect the jury may get the case as early as mid-week. Final UPDATE — 12.12.2017 @ 4 PM EST — Yesterday, the defense team said in a filing they were trying to winnow down their case. I trust that they are. And now, the likely final jury instructions are now public (84 pages) — from Judge Matsumoto’s just entered order. We must be getting closer. [End, updated portion.]
I say that because overnight, the very able Judge Kiyo Matsumoto has posted her order containing nearly final jury instructions, into Brooklyn’s PACER window. We here on this blog outlet made those final instructions public immediately, in the Shkreli trial — we will do the same as to Mr. Greebel. Here are those 81 pages of PDF-ey goodness.
In addition, we expect letter briefs to be filed over the weekend, on instructions about Mr. Greebel’s desire to admit into testimony (and more likely — into questioning, on cross-examination of government witnesses) the fact that he waived Miranda, and spoke to the FBI agents for several hours upon his arrest. I don’t think, on balance, that helps him much — since it might raise the question of why he isn’t testifying now, in the minds of the jurors. And that, as we all know — is something the AUSAs may not even hint toward.
In sum, I think the defense case will wrap up early- to mid-next week — and the jury will get the case by mid-week…
[Updated: perhaps even by late on Monday.] Or… the defense has a long way yet to go, through a dark and snowy wood — and Judge Matsumoto is just trying to get ahead of the impending holiday rush. Smile.
We shall see. I do not expect Mr. Greebel will testify, in any event.
And I must say — I truly do enjoy the graceful, if sublimely faint, scent of new snow on old cedar planking… this early morning, just north of the City of Big Shoulders….