At 10:24 a.m. the court reopened today for the Jon Goldberg case. Family members and supporters from both families as well as observers packed the courtroom.
Judge Graham Cribbs said that juror #7 had been replaced by an alternate. The jury now has 5 men and 7 women.
Judge Cribbs gave many jury instructions that are standard jury instructions such as, "the evidence need not eliminate all possible doubt" and " you must only use the evidence presented in this courtroom."
Reasonable doubt, presumption of innocence, following the law as instructed by the Judge were some of those standard jury instructions.
Judge Cribbs stressed certain instructions. "Nothing the attorneys say is evidence. Let me repeat that; nothing the attorneys say is evidence."
However, there were a few specific to this case, including how media coverage may have influenced identification of Jon Goldberg. Judge Cribbs spoke about factors affecting an eye witness' memory such as "intervening time and event."
Judge Cribbs told the jury that "to find the defendant guilty of crimes charged" in this case, "you must find wrongful intent." Judge Cribbs gave instructions on specific mental state and intent.
The counts as charged in the complaint are Count 1 Murder; special allegation of "personally and intentionally discharging a firearm" and great bodily injury to Tim Smith.
Count 2 is Assault with a firearm; special allegation that Goldberg "personally used a firearm", a revolver. Alleged victim Rachel Goldberg.
Count 3 is Exhibiting a firearm, a misdemeanor, "whether loaded or unloaded in a rude or threatening manner."
The jury was instructed on what is murder, manslaughter, the different types of manslaughter, what is lawful/unlawful justification to Count 1 and what is the law on self defense.
The People are not required to prove motive for the special allegations in Count 1 and 2.
After lunch, before Deputy District Attorney Luke Bernthal's opening statement, Judge Cribbs read CALCRIM instruction 875.
Previous post:
https://johnchiv.blogspot.com/2018/03/due-to-illness-of-juror-7-closing.html?m=1
Is there such a thing as “crime of passion” anymore? If so, is it a factor for consideration by the jury in this case? I am just wondering. I have no opinion, for once, on this trial.
ReplyDeleteWhat is the cause for dismissal?-A dick in my wife! -your Honor. How stand the jury? The foreman stands and reads-Your Honor, we find the defendant innocent of all charges because of -dick in his wife. We the jury want this trial to end today because its been far too long and boring ,and the reason given sure sounds good with all of us Dicks and Janes in the jury..
ReplyDeleteI warned you once before with your racist rants, I did not reveal your identity then nor with your other outlandish comments on this case moments ago. This is your final warning. You have a Fortuna Fire connection so you cannot see clearly. If you persist on ranting without bothering to read posts, insulting the jury or I get one more racist comment from you about on any post, I will print your real name. Do I make myself clear?
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