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2015 Federal Trialtrial-daytrial-daycharge_conferenceDay 62 - May 12, 2015The court addressed penalty-phase jury instructions, sentencing factors, and closing-argument limits. It declined to explain deadlock consequences, refused to strike the Martin Richard victim-impact factor, and barred displaying his physical clothing during closings.
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Day 62 - May 12, 2015

Jury Instructions, Sentencing Factors, and Closing-Argument Limits

Judge George A. O'Toole Jr.
7Proceedings
3Pages
0Witnesses
145Lines
Day 62 of 67

The court addressed penalty-phase jury instructions, sentencing factors, and closing-argument limits. It declined to explain deadlock consequences, refused to strike the Martin Richard victim-impact factor, and barred displaying his physical clothing during closings.

Full day summary

The court declined to instruct jurors on the consequences of nonunanimity and barred defense counsel from explaining those consequences in closing argument. David Bruck argued that jurors might otherwise feel pressured to agree because they expected a repeat trial. The judge favored encouraging conscientious unanimity while protecting each juror's independent judgment. Bruck preserved a Sixth Amendment objection. On proposed mitigating factors, the judge tentatively favored striking Factor 19, concerning life imprisonment without release, as a proposition of law rather than a fact to be proved. Counsel also disputed bundled factual premises and factors concerning continuing affection from teachers, friends, and relatives. No final ruling appears in that excerpt. The court later declined to strike the Martin Richard victim-impact aggravating factor, finding that existing evidence could support a conclusion about the impact of his death on his family, without finding the factor proved. For closing arguments, the court barred displaying Martin Richard's physical clothing but allowed counsel to describe it and jurors to examine it if requested. The judge was inclined to allow a photograph of the clothing, subject to review, and permitted one Sean Collier autopsy photograph. William Weinreb agreed not to argue, “If not in this case, when,” but opposed broader advance restrictions. The judge found that earlier questioning about “watching” prison programming had improperly suggested television and warned both sides to respect argument limits. No express ruling on the broader motion appears. Bruck also renewed an objection that the marathon-selection and substantial-planning aggravating factors overlapped and allowed double counting. The judge rejected that argument, considering the factors distinct.

1. Charge Conference — Deadlock, Unanimity, Mitigating Factors, and Martin Richard's Victim-Impact Aggravating Factor

The court declined a deadlock-consequences instruction, considered challenges to proposed mitigating factors without a final ruling in the excerpt, and retained the victim-impact aggravating factor concerning Martin Richard's death.

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Charge Conference
Charge Conference on Jury Deadlock and Unanimity
30 lines

The judge rejected a deadlock-consequences instruction and barred related defense argument; Bruck preserved a Sixth Amendment objection.

Procedural
Hearing on Proposed Mitigating Factors
12 lines

The judge tentatively favored striking the life-without-release factor; counsel disputed the wording and relevance of other proposed mitigation.

Procedural
Hearing on Martin Richard's Victim Impact Aggravating Factor
22 lines

The court retained the Martin Richard victim-impact factor, reviewed jury materials, and said it would check non-statutory aggravating-factor wording against the government's notice.

Highlights

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