By Matt Rifkin
Rev Nancy trial day 8
15 in gallery….print media, blogger, video crew….
10:24am
Judge Hara enters…Damerville, Zamber present. Sulla is not
Judge going over jury instructions….other crimes, or acts not to be considered…reading 8.01, 8.02, modified to read, “…” as modified by agreement…8.02a, given by agreement…
Instruction 9, modified so paragraph 2, 7, 8, 9, 10, 11, 12 deleted, renumber 1-7. Defense objects, 8a, paragraph 1, 6 now would be 1,5 as modified, she is not the owner of the object concerning its use…court finds to give modified over objection…
Defense requested instructions, most duplicate the state requests, withdrawn…
Affirmative 7.06 generic …court refuses…Defense “ignorance of law, conduct not prohibited” …7.12 was refused, necessity, address it? she may have a justification defense, reasonably believed her conduct was to choice of evils…court finds no evidence that would raise this defense….as to 7.13 ignorance or mistake of fact…court refuses this instruction…your reason? It goes to state of mind, suggest there was info provided to the court for jury to decide factual, but mistaken to practice her religion, would like the jury to have that instruction. State feels no justification. Court finds no evidence in trial to allow mistake of fact. Court refuses. Mistake of law defense.
Mistake of law defense is codified by 702-220…doesn’t allow another defense. Haven’t provided any document that it is legal, DEA recommendation of rescheduling but does not make it law. No public officer, pubic body to find the offense is lawful. Damervillle has stated court’s view on mistake of law defense…Hara refuses 7.06 and special instruction 1.
6.04 – withdrawn, no reckless
Special defense 2…withdrawn…
Supreme court ruling v Walsh..defense object to wording…second sentence, draws negative inference….state doesn’t like it either, more appropriate as curative instruction, if prosecutor did something wrong…court gives it over objection…
10:51am recess
11:09am resume, jury returns
Hara to instruct you on the law applicable, printed copies given to the jury… Read the rest of this entry »