Day 18 - December 28, 2021
Judge Nathan kept the existing Count Four instruction and set daily deliberations amid COVID-19 concerns.
Full day summary
1. Jury Note, Supplemental Instruction, and Deliberation Scheduling
Judge Nathan rejected a requested supplemental instruction on the jury's Count Four question and set a daily deliberation schedule because of rising COVID-19 risks.
Highlights
Argument on Jury Note and Supplemental InstructionrulingJudge Nathan rejected the proposed supplemental instruction and kept the jury's referral to the existing charge.Argument on Jury Note and Supplemental Instruction“I'm not going to give them an incorrect supplemental instruction.”— Alison J. NathanJudge Nathan stated the basis for rejecting the defense proposal.Argument on Jury Note and Supplemental Instructionjury eventJudge Nathan explained that COVID-19 risks could require jurors to plan to continue deliberating until a verdict was reached.Jury Deliberation SchedulingrulingAfter hearing counsel's positions, Judge Nathan set daily deliberations through the remainder of the week, with jurors able to report substantial hardship from unmoveable commitments.Jury Deliberation Scheduling“Put simply, I conclude that proceeding this way is the best chance to both give the jury as much time as they need and to avoid a mistrial as a result of the omicron variant.”— Alison J. NathanJudge Nathan explained the basis for requiring continued daily deliberations.