So The Defense Has Been Offered A “Deal” — Of Sorts — On Jury Instructions, It Seems…

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.

We will keep the readership posted. Here is that latest proposed set of instructions, as of this afternoon at 5 PM EST. For earlier versions, click the links in this Saturday post.

[C’mon now Jones — let’s help Alabama drop that Neanderthal Moore — like a sack of dung.]


9 thoughts on “So The Defense Has Been Offered A “Deal” — Of Sorts — On Jury Instructions, It Seems…

  1. R West says:

    “Ex-Katten Atty Trial Halted Over ‘Career-Ending’ Claims” … Could be anything, but there was an “American Greed” episode that sounded similar. In that case, an FBI agent was trading stocks based on his and other FBI investigations he learned about. Really shocking … but it was a true case! This could be someone on the Gov’t. side trading in Retrophin stock If the idea was to short it before the arrests occurred, it taints the investigation. It’s something like that; probably dealing with stock trading … it’s pretty serious for the Judge to seal the briefs.

    Whatever, I think is a close guess … remember, you heard it here first!.

    Liked by 1 person

  2. R West says:

    Some of Greebel’s defense arguments in the jury instruction filed would only fool a layman:

    • Had a family whereas Shkreli was single … yeah, but probably a big mortgage and all that private school tuition to pay for; plus wife probably shops a lot!.

    • Shkreli never paid his legal bills … actually in that case, a lawyer is more likely to go out on a limb in hope that client will finally pay.

    • Worked in a big firm and wouldn’t risk his law license … yeah, but these deals are almost never looked at. Probably why he said he was shocked when arrested!

    Liked by 1 person

    • condor says:

      I think this (presumably a) defense claim is overly melodramatic.

      I am not in the room but last night’s order called the jury back at 9 AM EST this morning.

      There is an ongoing dispute over whether the defense may ask Dr. Rosenfeld certain questions about his consulting agreement. And several letter briefs — the last two under seal — have been filed on the topic overnight.

      But no — there was a sidebar — late yesterday, and it dragged on, so the jury was excused for the evening.

      There were new filings this morning, so presumably they are back underway with the jury in the box….

      The defense is putting on too drawn out a case (in my opinion — and that of R.West), so close to the holidays…. it risks backfiring with the potentially exasperated jurors.

      We shall see…. namaste!


      • condor says:

        And… to confirm my earlier comment — here at 5:45 PM EST in Brooklyn, this order was just entered:

        “…Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Jury Trial as to Evan Greebel held on 12/14/2017.

        Case Called. All parties present. Witness sworn and testified. Exhibits entered. Jury trial to be continued on 12/15/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto. (Court Reporter Annette Montalvo.) (Williams-Jackson, Sandra)….”

        So (to the extent that anything about a Shkreli/Greebel trial day is regular), it was a regular trial day today, and the defense will continue tomorrow, with evidence and witnesses. No sign that that will be a wrap tomorrow — not from the PACER record.

        Now you know, “point“… smile!


  3. R West says:

    Judge is smart … it’s really hard to appeal based on something you agreed to. If you are the defense you don’t want a clean copy of the Superseding Indictment going to the jury … those indictments make everyone look guilty! That’s probably why the Judge didn’t order it; it might be prejudicial …however, it doesn’t seem objectionable, so she probably thinks he’s headed to a conviction either way.

    Liked by 1 person

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