8.Final Jury Instructions and Verdict Forms
5 linesTHE COURT: Uh, ladies and gentlemen, I'm going to read you a closing instruction and several others.
Now, members of the jury, the duties of counsel and the Court have been performed. The case has been argued by counsel. The Court has instructed you regarding the rules of law which should govern you in your deliberations. The time has now come when the great burden of reaching a just, fair and conscientious decision of this case is to be thrown wholly upon you, the jurors, selected for this important duty.
You will not be swayed by sympathy, prejudice or passion. You will be very careful and deliberate in weighing the evidence. I charge you to keep your duty steadfastly in mind and, as upright citizens, to render a just and true verdict.
The following forms of verdict will be submitted to you concerning the charges against the defendant, Brendan Dassey.
We, the jury, find the defendant, Brendan R. Dassey, guilty of first degree intentional homicide, as a party to a crime, on October 31, 2005, contrary to Sections 940.01 (1) (a), 939.50 (3) (a), 939.05 Wisconsin Statutes.
We, the jury, find the defendant, Brendan R. Dassey, not guilty of first degree intentional homicide, as a party to a crime, on October 31, 2005, contrary to Sections 940.01 (1) (a), 939 -- excuse me -- uh, 50 point -- uh, (3) (a), 939.05, Wisconsin Statutes.
We, the jury, find the defendant, Brendan R. Dassey, guilty of mutilating a corpse, as a party to a crime, on October 31, 2005, contrary to Sections 940.11 (1), 939.50 (3) (f), 939.05 Wisconsin Statutes.
We, the jury, find the defendant, Brendan R. Dassey, not guilty of mutilating a corpse, as a party to a crime, on October 31,
2005, contrary to Sections 940.11 (1), 939.50
We, the jury, find the defendant, Brendan R. Dassey, guilty of second degree sexual assault, as a party to a crime, on October 31, 2005, contrary to Sections 940.225 (2) (a), 939.50 (3) (c), 939.05 Wisconsin Statutes.
We, the jury, find the defendant, Brenden R. Dassey, not guilty of second degree sexual assault, as a party to a crime, on October 31, 2005, contrary to Sections 940.225 (2) (a), 939.50 (3) (c), 939.05 Wisconsin Statutes.
We, the jury, find the defendant, Brendan R. Dassey, guilty of first degree reckless homicide, as a party to a crime, a lesser included offense, on October 31, 2005, contrary to Sections 940.02 (1) and 939.05 Wisconsin Statutes.
We, the jury, find the defendant, - Brendan R. Dassey, not guilty of first degree
reckless homicide, as a party to a crime, a lesser included offense, on October 31, 2005, contrary to Sections 940.02 (1) and 939.05 Wisconsin Statutes.
It is for you to determine whether the
defendant is guilty or not guilty of each of the
offenses charged. You must make a finding as to each count of the Information. Each count charges a separate crime and you must consider each one separately. Your verdict for the crime charged in one count must not affect your verdict on any other count.
This is a criminal, not a civil, case. Therefore, before the jury may return a verdict which may be -- legally be received, the verdict must be reached unanimously. In a criminal case, all 12 jurors must agree in order to arrive at a verdict.
When you retire to the jury room, select one of your members to preside over your deliberation. That per -- that person's vote is entitled to no greater weight than the vote of any other juror.
When you have agreed upon your verdict, have it signed and dated by the person you have selected to preside.
Before we swear the jury officer, I'm going to, uh, ask the clerk to draw three names from the tumbler. The first two of those names will be jurors who are discharged. The third will be a juror who will remain sequestered.
As to the discharged jurors, I'm going to order the following:
That you are not to discuss the matter with the media or anyone else until a verdict has been received by this Court.
Uh, once the verdict is received, you may, but are under no obligation to, discuss your participation in the case with the media or anyone you choose to discuss it with.
Madam clerk.
MR. FREMGEN: Judge, one thing, I --
THE COURT: Oh --
MR. FREMGEN: Are we -- are we going to keep the name --
THE COURT: I -- I -- thank you for reminding me. I'm going to ask at this point that -- that any audio be muted so that any name is not a -- a matter of public broadcast. Thank you.