[U] VERY Drawn-Out Closing Argument From Defense; Continuing Tomorrow, Into Friday…

UPDATED 12.22.17 @5:15 PM EST: The jury has begun deliberations this afternoon — but has reached no verdict yet. They will be back at 9 AM on Tuesday the 26th, to continue their work. We will post the 30 or so withheld letter briefs during the day Tuesday. [End, update.]

I am relying on the very helpful thumbnail notes tweeted  from Christie Smythe’s Twitter-feed, here. She was apparently live in the courtroom today. And from the PACER feed:

The defendant’s closing arguments shall continue on 12/22/17 at 9:00 a.m. in Courtroom 6 C South before Judge Matsumoto….

We have reached the more than 10 hours of solid closing arguments mark — and will now surpass it, in the Evan Greebel trial, in Brooklyn. After the defense summation concludes, the prosecution gets one last rebuttal, as R.West reminded us in comments, under federal Rule 29.1. So it is possible that the jury won’t get the case before Christmas. Or they might get it by noon on Friday…. but these two count summations have run longer than Marty’s eight count summations, now.

One theory — which I think may explain this drawn out approach is that the defense doesn’t want the jury to get the case, and then rush, to be home for Christmas.

That theory would hold that the jury will forgive the defense for boring them to death, and will come back with fresh eyes and ears after Christmas to deliberate (and, I suppose the defense believes)… exonerate Mr. Greebel.

I credit Ms. Smythe this afternoon — for hinting at this — by calling it a “defense filibuster,” today.

In my opinion, if the AUSAs are smart, they will just say in rebuttal tomorrow — “The evidence is overwhelming. He is guilty, We rest, your honor.”

Then perhaps, the jury will get the case by noon — and they may return a guilty verdict, for that overwhelming evidence reason [and the reason that the defense wasted a full day of their pre Christmas (shopping) time].

I still think he will be found guilty of at least the securities fraud conspiracy charge. [That one turns on the back-dating of stock transfers.]

But either way, on to Friday we go. I genuinely don’t think the defense can create an acquittal by filibustering until after Christmas. But we shall see.

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11 thoughts on “[U] VERY Drawn-Out Closing Argument From Defense; Continuing Tomorrow, Into Friday…

    • condor says:

      And I was THIS (pinching fingers together!) close to a clean early getaway… damn!

      Now I’ll watch PACER like a hawk for a fast two count guilty verdict…

      Late tonight or tomorrow, I’ll link to the 30 some letter briefs we wanted to avoid having the jury see — prior to deliberating… now we can link them in public — in the form of a post of just link after link, in newest to oldest date order!

      Woot!

      Like

      • R West says:

        I would say filibuster strategy backfired … I was just out in some traffic. People are rushing around like crazy …and they don’t seem to be in a good mood. Whatever Christmas spirit a December trail gives is now gone!

        Liked by 1 person

      • condor says:

        Jury has gone home for the night, and will return Tuesday — to continue deliberations. A minute order to that effect just appeared on PACER.

        So my revised bet is a guilty verdict by Tuesday night.

        We shall see…

        Like

      • R West says:

        Greebel team is probably encouraged, but I wouldn’t read too much into it. Sometimes juries don’t like to be too quick … they are afraid the Judge might criticize them for not taking it seriously. There’s sort of an unofficial rule that they ought to take at least a couple of hours. Plus, they are getting paid $50 per day. They probably figured let’s come back Tuesday morning and pick up another $50! And if that’s what they were thinking, Greebel should worry … after the AUSA got in that he was making $900,000!

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  1. R West says:

    This is why people hate lawyers … all that strategizing instead of getting at the truth. If the jury feels there was a filibuster strategy, they will probably give him two convictions just for that.

    Rush or no rush, the conventional wisdom is that the defendant wants the jury to deliberate and render a verdict before Christmas .. while they might be in the Christmas spirit and more forgiving. Not getting a verdict before Christmas is probably a mistake on the defense’s part. I wonder if they have jury consultants or if they just strategize on their own?

    “In my opinion, if the AUSAs are smart, they will just say in rebuttal tomorrow — “The evidence is overwhelming. He is guilty, We rest, your honor.”

    It’s a big gamble to give up rebuttal, but if it’s still early enough in the day on Friday, giving up rebuttal might be smart. The Judge will probably send the jury to deliberate right away – and the Gov’t. might want that, as the jury will rush to finish on Friday before Christmas … but Christmas spirit thing is a little hard to account for. So you have the jury rush factor on one side that might favor a conviction … and Christmas spirit on the other that favors the defense. Gov’t will probably decide to play safe and take away Christmas spirit … so they will draw it out in rebuttal … and let the jury start deliberations next week.

    Liked by 2 people

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