Late on this Tuesday evening (as we watch hopefully for a progressive result in the Senate race, in Alabama — likely staying up very late), we have read a new order just entered by the prolific and Solomon-like Judge Matsumoto.
We had earlier shown you (on Saturday, past) the full jury instructions, and the proposed defense addendum to them, if Judge Matsumoto was inclined to include a clean copy of the speaking indictment as to Mr. Greebel, in the materials that would go with the jury for deliberations — as the AUSAs had asked.
Tonight, the able judge makes it a clear choice — which has net positives and net negatives for both the government and the defense, thus:
“…ORDER as to Evan Greebel:
By 12 p.m. on December 13, 2017, the parties shall advise the court if they have agreed to (1) provide a “clean” version of the Superseding Indictment to the jury, and include a charge reflecting the defendant’s theory of the case in the court’s jury instructions, or (2) rely on the court’s instructions to advise the jury of the offenses charged in the superseding indictment and the summary of the defendant’s theory of the case….”
Now that’s… clever. And I think it means we may see the end of the defense case in the afternoon tomorrow, on Wednesday, as well. Here is that latest version of the judge’s proposed jury instructions — now weighing in at 84 pages.
[C’mon now Jones — let’s help Alabama drop that Neanderthal Moore — like a sack of dung.]