5.Presumption-of-Innocence Correction Ruling

MR. STRANG: -- matter if I might.

I decided against interrupting Mr. Kratz's opening statement because I thought this could wait, honestly, and I don't like to interrupt someone's opening. But probably in the first 20 minutes of his opening, Mr. Kratz explained to the jurors that the presumption of innocence persists only until that moment when the evidence overcomes it and proves guilt, beyond a reasonable doubt.

I understand -- I understand the argument. I understand what was meant, no ill intent was meant, but that's enough of a variation from the actual instruction that the presumption of innocence attends the defendant until after closing arguments and deliberations begin, that I simply would ask the Court to repeat part of that presumption of innocence instruction this afternoon, before I start.

We don't have to make a big deal out of it; I just thought an abbreviated reminder might help. I also noted in the State's Power Point slide that explained the element of false imprisonment that the language, during her lifetime, was omitted.

That's, I think, the kind of thing that the Court already has covered and can cover again, but it might be a good idea, and this covers me too, for the Court simply to remind the jury that all legal instructions come from the Court in the end.