E15: Dee Dee Blanchard Murder Trial Jury Instructions

E15: Dee Dee Blanchard Murder Trial Jury Instructions

Episode Transcript

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Good afternoon. If you have onyour seat a jury instruction packet, these
will need for your use both nowand in the juring room. I have
previously read to you instructions numbers oneand two, so if you had turned

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to instruction number three, that's wherewe will begin reading. It's everybody there,
okay, Instruction number three. Thelaw applicable to this case is stated
in these instructions and the two whichthe Court read to you immediately after you
were sworn as jurors. All ofthe instructions will be given to you to

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take to your jury room for useduring your deliberations. You must not single
off certain instructions and disregard others,or question the wisdom of any rule of
law. The Court does not meanto assume as true any fact referred to
in these instructions that leads it toyou to determine what the facts are.

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Instruction of reform. The charge ofany offense is not evidence, and it
creates no inference that any offense wascommitted, or that the defendant is guilty
of an offense. The defendant ispresumed to be innocent unless and until,
during your deliberations, upon your verdict, you find him guilty. This presumption
of innocence places upon the state theburden of proving beyond a reasonable doubt that

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the defendant is guilty. A reasonabledoubt is a doubt based upon reason and
common sense after careful and impartial considerationof all the evidence in the case.
Proof beyond a reasonable doubt is proofthat leads you firmly convinced of the defendant's
guilt. The law does not requireproof that overcomes every possible doubt. If

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after your consideration of all the evidence, you are firmly convinced that the defense
is guilty of the offense charge,you will find him guilty. If you
are not so convinced, you mustgive him the benefit of the doubt and
find him not guilty. Instruction numberfive. The defendant is charged with a
separate defense in each of the twocounts submitted to you. Each count must

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be considered separately. You should returna separate verdict for each count, and
you can return only one verdict foreach count. Instruction number six. As
to count one, if you finda belief from the evidence that beyond a
reasonable doubt, first that honor betweenor on that honor between honor between June

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nine, two thousand and fifteen andJune fourteenth, twenty fifteen. So there
seems to be a repetition of wordsin there in the county state of Missouri,
the defendant caused the death of ClaudineBlanchard I stab in her. And
second that the defendant knew that hisconduct was causing the death of Claudine Blanchard.

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And third that defendant did so afterdeliberation, which means cool reflection upon
the matter for any length of time, no matter how brief. Then you
will find the defendant guilty of murderin the first degree. However, unless
you find belief from the evidence beyonda reasonable doubt each and all of these

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propositions, you must find the defendantnot guilty of murder in the first degree.
If you do find the defendant guiltyof murder in the first degree,
you are to assess and declare thepunishment at imprisonment for life without eligibility for
probation or parol. Instruction number seven, You may consider evidence that the defendant

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had or did not have a mentaldisease or defect in determining whether the defendant
had the state of mind required tobe guilty of murder in the first degree.
The term mental disease or defect meansany mental abnormality, regardless of its
medical label, origin, or source. If after consideration, after considering all

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of the evidence, including evidence thatthe defendant did or did not have a
mental disease or defect, you havea reasonable doubt as to whether the defendant
caused the death of Claudine Blanchard.After deliberation, you must find the defendant
not guilty of murder in the firstdegree as submitted in Instruction number six Instruction

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number eight, as the count one. If you do do not find the
defendant guilty of murder in the firstdegree, you must consider whether he is
guilty of murder in the second degreeas to Count one. If you find
the believe from the evidence beyond areasonable doubt, first that Honnor, between
June ninth, twenty fifteen and Junefourteenth, twenty fifteen, in the County

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of Green State of Misara, thedefendant caused the death of Claudine Blanchard by
stabbing her, and second that defendantknew his conduct was causing the death of
Claudine Blanchard, then you will findthe defendant guilty of murder in the second
degree. However, unless you findand believe from the evidence beyond a reasonable

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doubt each and all of these propositions, you must find the defendant not guilty
of murder in the second degree instructionhum or not as the count one.
If you do not find the defenseguilty of murdering the second degree, you
must consider whether he is guilty ofinvoluntary manslaughter in the first degree as to

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Count one, if you find himbelieved from the evidence beyond a reasonable doubt.
First that are between June ninth,twenty fifteen and June fourteenth, twenty
fifteen, in the County of GreenState of Missouri, the defendant caused the
death of Claudine Blanchard by stabbing her, and second, the defendant recklessly caused
the death of Claudine Blanchard. Thenyou will find the defendant guilty under count

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one of involuntary manslaughter in the firstdegree. However, unless you find him
believed from the evidence beyond a reasonabledoubt each and all of these propositions,
you must find the defendant not guiltyof involuntary manslaughter in the first degree.
In determining whether the defendant rightlessly causedthe death of Claudine Blanchard. You are

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instructed that a person acts recklessly asto causing the death of another person when
there is a substantial and unjustifiable riskhe will cause death, and he consciously
disregards that risk, and such disregardis a gross deviation from what a reasonable
person would do in the circumstances.Instruction number ten as the count two.

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If you vital leave from the evidencebeyond a reasonable doubt, first that committed
the offense of murder in the firstdegree is submitted in Instruction number six,
and second that defendant committed that offenseby or win or through the knowing use
of a dangerous instrument. Then youwill find the defendant guilty under count two

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of armed criminal action under this instruction. As used in this instruction, the
term dangerous instrument means any instrument,article, or substance that, under the
cir circumstances in which it is used, is readily capable of causing death or
other serious physical injury. However,unless you find the belief from the air

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from the evidence beyond the result ofdoubt each and all these propositions, you
must find the defendant not guilty ofthat offense. Instruction number one has the
count too. If you do notfind the guilty of armed criminal action in
connection with the offense of murder inthe first degree, you must consider whether

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the defendant is guilty of armed criminalaction in connection with the offense of murder
in the second degree as to counttwo. If you find a belief from
the evidence beyond a reasonable doubt,first that defendant committed the offense of murder
in the second degree has submitted ininstruction number eight, and second, that
defendant committed that offense by or withor through the knowing use of a dangerous

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instrument. Then you will find theguilty under count to of arm criminal action
under this instruction. As used inthis instruction, the term dangerous instrument means
any instrument, article, or substancethat the under the circumstances in which it
is used, is readily capable ofcausing death or other serious physical injury.

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However, unless you find a belieffrom the evidence beyond the reasonable doubt each
at all these propositions, you mustfind the defendant not guilty of that instruction
number felt as to count two.If you do not find the defending guilty
of armed criminal action in connection withthe offense of murdering the second degree.

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You must consider whether the defendant guiltyof arm criminal action in connection with the
offense of involuntary manslaughter in the firstdegree as to count two. If you
find a believed from the evidence beyonda reasonable doubt, first that defendant committed
the offense of involuntary manslaughter in thefirst degree as submitted in Instruction number nine,

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and second that committed that offense byor with or through the knowing use
of a dangerous instrument, then youwill find the defendant guilty under Count I
of armed criminal action under this instruction. As used in this instruction, the
term dangerous instrument means any instrument,article, or substance that, under the

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circumstances in which it is used,is readily capable of causing death or other
serious physical injury. However, unlessyou find a belief from the evidence beyond
a reasonable doubt each and all thesepropositions, you must find the defendant not
guilty of that offense. Instruction numberthirteen. Evidence has been introduced that the

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defendant made certain statements relating to theoffense for which he is on trial.
If you find that a statement wasmade by the defendant, and that at
that time he understood what he wassaying and doing, and that the statement
was freely and voluntarily made under allof the circumstances surrounding and attending the making

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of the statement, then you maygive it such weight as you believe it
deserves in arriving at your verdict.However, if you do not find and
believe that the defendant made the statement, or if you do not find and
believe that he understood what he wassaying and doing, or if you do
not find and believe that the statementwas freely and voluntarily made under all the

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circumstances surrounding and attending the making ofthe statement, then you must disregard it
and give it no weight in yourdeliberations. Construction number fourteen. Under the
law, a defendant has the rightnot to testify. No presumption of guilt

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may be raised, and no inferenceof any kind may be drawn from the
fact that the defendant did not testify. Construction number fifteen. When you retire
to your jury room, you willfirst select one of your number to act
as your four person and to presideover your deliberations. You will then discuss

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the case with your fellow jurors.Each of you must decide the case for
yourself, but you should do soonly after you have considered all the evidence,
discussed it fully with the other jurors, and listen to the views of
your fellow jerms. Your verdict,whether guilty or not guilty, must be

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agreed to by each juror. Althoughthe verdict must be unanimous, the verdict
should be signed by your four personsalone. When you have concluded your deliberations,
you will complete the applicable forms towhich you unanimously agree, and return
them with all unused forms and thewritten instructions of it in five number sixteenth.

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The attorneys will now have the opportunityof arguing the case to you.
Their arguments are intended to help youin understanding the evidence applying the law,
but they are not evidence. Youwill bear in mind that it is your
duty to be governed in your deliberationsby the evidence as you remember it,

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the reasonable inferences which you believe shouldbe drawn, therefrom and the law as
given in these instructions. It isyour duty and yours alone, to render
such verdict under the law and theevidence as in your reason and conscience is
true, and just the state's attorneymust open the argument. The defendant's attorney

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may then argue the case. Thestate's attorney may then reply No further argument
is permitted by either side. Now, the original instructions that I've just read
to you are contained in his yellowfolders. Please don't write on them.
I have to scan them in atsome point, so you are free to

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write on any of your instructions.Now, ladies and gentlemen, could you
turn an instruction number six That's whereI have written and I'm sorry I've made

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this mistake, and in the secondline says, first an honor between honor
between I'm going to cross out thesecond bond or between RAWI alinehood and I'm
putting my initials here. All rightnow, if you look at your jury

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packet that we were just going throughand go to where we ended up instruction
number sixteen. Behind that are seriesof art forms will be given the shell
of horn that has the original instructionthat we've spoken, and then there are
two folders that are labeled to countone and count two. Let's go through

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the verdict forms for those counts aday. Starting with count one, are
we all there and be able tosay verdict at the top, and it
says as to count one. Asto count one, we the jury find
the defendant Nicholas god Jan, guiltof murder in the first degree, as
submitted in instruction number six. Weassess and declare the punishment for murder in

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the first degree and imprisonment for lifewithout the possibility of probation or parole.
And there's a signature line for thepoor persons. If you find the defending
guilty of murder in the first degree, this would be the verdict form you
would sign behind that. Then onthe next page reads as account one,

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we the jury find the defendant NicholasGodejan, guilty of murder in the second
degree, as submitted in instruction numbereight. If you find the mobility of
murder in the second deary, thenthis would be the verdict form that you
would execute, and we would decidepunishment at a later time. Okay,
so there's no reference to punishment onmurder in the second degree. If you

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do not find the moguility of murderin the second then we consider the involuntary
manslaughter in the verdict form for thatreads as to count one, we the
jury find the defendant Nicholas got Janguilty of involuntary manslaughter in the first degree
as submitted in instruction number nine,and again the signature line for the four

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persons. If you do not findthe defending ability of murder in the first
degree or murder in the second degreeor involuntary manslaughter is charged in the instructions,
then you would return this verdict form. As to count one, we
the jury find the defendant Nicholas goJan not guilty. You will only sign

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one verdict form per count okay,and when you reach the unanimous verdict,
you would put the side verdict formin this threadform okay, and leave the
other three unsigned in the middle ofpolders. Count two. Now count two

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has a little more language in it. As to count two, we the
jury find the defendant Nicholas go toJan guilty of armed criminal action as submitted
in instruction number ten, And there'sa singing sure line available for the fourth
person. But the note is importantbecause unless you have found the guilty of

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murder in the first degree as submittedin instruction number six, you may not
complete this verdict finding the defendant guiltyof armed criminal action as submitted in instruction
number ten. Then there's the verdictform for count two that discusses murder in

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the second degree. As the counttwo, we the jury find the defendant
Nicholas go To Jean guilty of armedcriminal action as submitted in Instruction number eleven,
signitual line for the four person,And again there's a note unless you
have found the guilty of murdering thesecond degree as submitted in instruction number eight,

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you may not complete this verdict findingthe defending guilty of armed criminal action
as submitted in instruction number eleven.Okay. And then there's one that references
the armed criminal action for involuntary manslainas to count two, We the jury
five the defendant Nicholas Cojean guilty ofarmed criminal action as submitted in Instruction number

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twelve. Signature line for the fourperson, with the note unless you have
found the defendant guilty of involuntary manslaurin the first degree as submitted in instruction
number nine, you may not completethis verdict finding the guilty of armed criminal
action as submitted in instruction number twelveif you do not find the defendant guilding

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the aug the reasonable doubt of armcriminal action. Then there's a fourth verdon
form as the count two, wethe jury find the defendant Nicholas go job
not building of arm criminal action.Again, just like count one, whichever
verdy do you arrive at? Poorperson signs that and puts it in the

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red fold. Okay, Now,sometimes handwriting is hard to read, so
if the fourth person would be kindenough to sign his or her signature and
then print the name below so thatwe'll know who we're talking about it.
Sometimes jurors have questions, sometimes theydon't. If you have a question,

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here's how the system works. There'sa filefold that says jury questions. You
can fill out the questionnaire, knockon the door. One of my bailefs
collect it, they bring it intothe courtroom, or I'll meet with the
attorneys and we'll come up with ananswers. Sometimes it takes a little bit
longer than normal because I have toround everybody up. The fourth person does

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not have to sign the question.It can be submitted by any jerk.
But if you do sign it,would you please print your name under it
so that we know and I promiseyou we will get you an answer as
quick as we can okay, allright? As I told you, both

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sides have an opportunity to make aclosing statement to you, and I've given
them each up to forty five minutes. The state's closing statements split in two
parts. The defense has one part, but they total forty five minutes each.
My preference would be to go straightthrough without a break, and I

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don't want to make anyone uncomfortable.So if after the first part of the
States, or in mister Perry's closingstatement of the defense, you need a
break, please raise your hand andlet me know. We'll take a break.
So is everybody good to go forat least the next thirty minutes?
I see everybody shaking their head,all right, So how can you put

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that on the podium.