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.]
…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.