Skip to content
Steven Averytrial-daytrial-daycharge_conferenceDay 22 - March 13, 2007The 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.
← Day 21Steven AveryDay 23 →

Day 22 - March 13, 2007

Jury Instruction Rulings, Fairgrieve Report Issue, and Juror Challenge

Judge Patrick L. Willis
3Proceedings
3Pages
0Witnesses
117Lines
Day 22 of 27

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

At the jury instruction conference, the court agreed to give the defense-theory instruction and an instruction on Avery's election not to testify. It kept the pattern instruction's mandatory wording for the stipulated felony-status element and declined separate defense instructions on the weight of admitted exhibits and the recovery of bone fragments, finding no basis for an instruction on intentional destruction or bad faith. The court also proposed additions concerning prior witness statements and Avery's statements admitted at trial. Later, the court declined a separate instruction concerning a question about Dr. Fairgrieve's lack of a written report, but cautioned the State not to suggest in closing that it had been denied required notice. The court again declined to remove a seated juror who had served on a civil jury in a case involving Detective David Remiker, finding that she was not objectively biased.

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.

→
Charge Conference
Formal Jury Instruction Conference
82 lines

The court approved a defense-theory instruction, denied separate exhibit-weight and spoliation instructions, and agreed to add prior-statement language to the jury instructions.

Highlights

← Day 21Steven AveryDay 23 →