[U] Defense Rests; One Last Argument — On Jury Instructions — Closings Today; Jury May Get The Case Tomorrow…

UPDATED @ 7 PM EST: Closing Arguments will continue tomorrow at 9:00 AM — thus: “…Counsel gave their closing arguments which shall continue on 12/21/17 at 9:00a.m. in Courtroom 6 C South before Judge Matsumoto….” So the jury will likely begin deliberations tomorrow afternoon —
Thursday. [End, update.]

This morning, closing arguments will begin in US v. Greebel (USDC, EDNY 15-CR-637-2), in the federal District Courtroom in Brooklyn. Clearly, the able Judge Matsumoto is reaching the limit of her patience with the lawyers who — after multiple revisions and “meet and confer” sessions — are still sniping at each other about finer points in the 79-some pages of jury instructions.

But the jury may have the case by this afternoon — and we may have a verdict before Christmas.

Now you know — with a hat tip to the pay-walled Law360 for the general outline and sense of this story; I supplemented it with a review of the docket, this morning — and new filings. Fair use claimed. Oh — and here is the verdict form — a simple one pager. That’s why I think we may have a verdict by Christmas Day — or soon thereafter. That, and I doubt this jury — after nine weeks — wants to be cooped up over the holidays, deliberating. Not so sure the defense strategy was smart — dragging on into this week — and putting the jury (potentially) into “hurry-up” mode. My sense is that this timing favors the AUSAs.




7 thoughts on “[U] Defense Rests; One Last Argument — On Jury Instructions — Closings Today; Jury May Get The Case Tomorrow…

  1. R West says:

    Five reasons Greebel is toast:

    1) Laymen hate lawyers.
    2) Didn’t testify in his own behalf.
    3) Emails seem to kill him.
    4) Jury instructions don’t seem to help him.
    5) Wasted everyone’s time before Christmas!

    Liked by 1 person

    • condor says:

      Ms. Smythe tweets presently that the AUSAs’ summation is complete; next up after a break is… Mr. Greebel’s lawyer — Mr. Brodsky… now you know!


      • R West says:

        Fed. Rules of Criminal Procedure:
        Rule 29.1 Closing Argument
        Closing arguments proceed in the following order:

        (a) the government argues;

        (b) the defense argues; and

        (c) the government rebuts.

        Seems pretty obvious, but jury consultants will tell you “(c)” is huge advantage for Gov’t., which helps partly to explain 95% conviction rate!


    • condor says:

      All is great! And I haven’t really “covered” it… just peeked in from time to time… snort!

      The whole thing is… fascinating!

      Yes travels were great… and my own grown kids are home — “with spice” for the holidays. That’s the plural of spouse, btw — in our family.

      Wishing you and yours all the best in 2018!


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