7.SAMs Testimony Left Unchanged, Written Rule 29 Grounds, and Penalty-Phase Verdict Form and Closing Preparations

THE COURT: So I just thought before we go back out -- we're either at the end of the evidence or just about, and I just wanted to know so I could tell the jury what to expect, that's all. I didn't want to be doing it at the side.

First of all, with respect to the issue about whether the Court has ordered a change, I think I'm going to leave things where they are. I have looked at the clerk's note and the transcript of the April 16, 2014, conference, and it could easily be interpreted in a less than formal way that I had made an order.

The clerk's note, for example, says, "The government shall either allow the visits without contemporaneous monitoring or propose a plan of contemporaneous monitoring that excludes members of the investigative or prosecutorial team." The parties then worked something out in response to that.

That could be understood by some people as an order. I don't think it is in anybody's particular interest for us to dig down into what an order is in front of the jury and have them decide whether something has been ordered or not.

The witness actually answered the question both ways, eventually, and I think we'll just leave it at is. I think it will add confusion to the jury if we try to do anything more.

With respect to the Rule 29 motion, you mentioned in addition to past general reasons there was some particular issue that you wanted to raise with respect to the Richard matter. Could you put it in writing? That's all.

THE COURT: Present a Rule 29 -- what I'm interested in is, of course, the general reasons that are applicable to all counts, perhaps. But if you have some particularly targeted reasons, I think it's best if they're expressed in writing on the record, okay? Then we can address those.

Does this conclude the evidence after this witness?

THE COURT: Okay. So as I think we discussed on this contingency, that we would take tomorrow and have the arguments and charge beginning on Wednesday morning. And I want to be able to tell the jury that. Obviously, they won't come tomorrow, then.

My thought is we will prepare, based on what has been submitted, a proposed verdict slip, try to get it to you as soon as we can, if not by the end of the day today, then early tomorrow so that we can get any comment on it. I will say that I think it will be more like the defense proposal than the government's proposal. I thought the government's proposal was intriguing but a little too innovative for my taste, and so I think we'll try to follow the more traditional model.

And I guess we will -- one we already talked about, we will add in "18 years of age" to that because I think the government's probably right, the jury will tell us that's what their conclusion is.

THE COURT: Yes, I'll try to get them to you by the end of the day tomorrow.

Now, in terms of format for closings, I will again do as I've done, begin the instructions before arguments, do the gateways and everything. I think we'll put up the verdict slip on the monitors for the jury as we do that so they can actually visually follow it as we go through it and they'll know what to expect.

Then we will have arguments.

Who is arguing?

THE COURT: The government has rested its rebuttal part of the case. That means that the evidence presentation has concluded in this phase. The next steps, as you would expect, would be some further instructions about the responsibilities you will have in your deliberations as to this phase of the case and the final arguments that will be presented by both sides.

There are some preparations that the lawyers and I have to do, as you've come to expect, with respect to that. We're going to adjourn now for the day and resume on Wednesday morning. We will skip your part of the trial tomorrow, but we'll proceed on the usual schedule on Wednesday when we will have the closing instructions and the closing arguments by the parties. You'll commence your deliberations as of Wednesday at the conclusion of those events in the courtroom. So please plan accordingly.

Once your deliberations have begun, they will continue day to day until finished, and that will include Fridays as an exception to the normal schedule we've been following, all right?

So I strongly caution you now against any discussion of the case with yourselves, among yourselves, with anybody else. Don't try to form any conclusions yourself individually about any of the issues in the case. It's important that first you have my instructions about those matters and of course that you discuss those matters among yourselves as a deliberating jury. And please continue to avoid any exposure to media accounts of the case.

With that, we will recess for the day.