Day 22 - March 13, 2007
The court resolved jury instruction requests, declined a separate instruction concerning Dr. Fairgrieve's written report, and again denied a request to remove a seated juror.
Full day summary
1. Formal Jury Instruction Conference
The court found enough circumstantial evidence to give a defense-theory instruction over the State's objection, while declining separate instructions on admitted exhibits and an adverse inference from recovered bone fragments at the Day 22 jury-instruction conference.
Highlights
Formal Jury Instruction ConferencerulingThe State opposed the defense-theory instruction as unsupported by the evidence. The court found sufficient circumstantial support to give it in the proposed form, while noting the State's continuing opposition.Formal Jury Instruction Conference“the Court concludes that there is sufficient evidence in the record to justify the giving of a theory of defense instruction.”— Patrick L. WillisThe court's central ruling on whether the jury would receive the defense theory.Formal Jury Instruction ConferencerulingAt the defense's request, the court agreed to include Pattern Instruction 315 concerning a defendant's election not to testify.Formal Jury Instruction ConferencerulingThe parties disputed whether the recovery of bone fragments justified a spoliation instruction. The court found no basis in the evidence for intentional destruction or bad-faith conduct and denied proposed Instruction No. 7.
2. Request for Curative Instruction on Fairgrieve Cross-Examination
The court declined a curative instruction about a question concerning Dr. Fairgrieve’s lack of a written report, then addressed the verdict forms and jury instructions.
Highlights
Request for Curative Instruction on Fairgrieve Cross-ExaminationrulingThe court declined a separate instruction but cautioned the State to clarify in closing, if it raised the issue, that it was not claiming it had missed notice it should have received.Request for Curative Instruction on Fairgrieve Cross-Examination“I don't think it warrants its own instruction, but I will caution the State that if it raises that issue in any fashion in closing, that -- that it reference the fact that the State is not claiming that it didn't get some notice it should have gotten.”— Patrick L. WillisThe court denied the requested instruction while setting a condition for any related closing argument.