Argument breaks out between Trump supporter and anti-Trump protester outside the court
Inside the pro-Trump area, a Trump supporter (a guy in a cape) is loudly arguing with an anti-Trump protester. Three police officers are walking over now to break them up.
Judge rereads instructions on charged crimes
Merchan reread his instructions on charged crimes from yesterday:
"I will now instruct you on the law applicable to the charged offenses. That offense is Falsifying Business Records in the First Degree — 34 Counts."
Judge rereads instructions on motive
The judge reread instructions on motive.
Merchan said yesterday:
"You may consider whether a witness had, or did not have, a motive to lie. If a witness had a motive to lie, you may consider whether and to what extent, if any, that motive affected the truthfulness of that witness’s testimony. If a witness did not have a motive to lie, you may consider that as well in evaluating the witness’s truthfulness."
Merchan explains instructions on 'Accomplice as a Matter of Law'
“Under our law, Michael Cohen is an accomplice because there is evidence that he participated in a crime based upon conduct involved in the allegations here against the defendant," the judge read aloud.
Merchan reads instructions on the 'credibility of witnesses'
Merchan is now reading instructions on the “credibility of witnesses.”
“You must decide whether a witness told the truth and was accurate, or instead, testified falsely or was mistaken,” the instructions read. “You must also decide what importance to give to the testimony you accept as truthful and accurate. It is the quality of the testimony that is controlling, not the number of witnesses who testify.”
Jurors, especially one who is lawyer, taking diligent notes
Many of the jurors are taking diligent notes as Merchan goes over the jury instructions. Juror 7, who is a civil litigator, seems to be the most prolific.
Judge gets into the 'fundamental principles' related to burden of proof
Judge Merchan is getting into the "fundamental principles" related to the burden of proof in the jury instructions.
Here's what the judge said yesterday:
"The defendant is not required to prove that he is not guilty. In fact, the defendant is not required to prove or disprove anything. To the contrary, the People have the burden of proving the defendant guilty beyond a reasonable doubt. That means, before you can find the defendant guilty of a crime, the People must prove beyond a reasonable doubt every element of the crime including that the defendant is the person who committed that crime. The burden of proof never shifts from the People to the defendant. If the People fail to satisfy their burden of proof, you must find the defendant not guilty and if the People satisfy their burden of proof, you must find the defendant guilty."
Merchan begins reading jury instructions aloud
Judge Merchan has begun reading the jury instructions. It is estimated to take up about 20-25 minutes to do so.
Several of the jurors are taking diligent notes as he reads.
Trump supporter outside court hangs 'Black Lives MAGA' banner
There was one Trump supporter in Collect Pond Park attaching a banner to one of the metal barricades: “Black Lives MAGA.” The person is masked and wearing another pro-Trump banner (“F--- Biden”) as a cape.
Judge tells jurors that he can provide them headphones or speakers: 'The choice is yours'
Judge Merchan is telling the jurors that he can provide them with headphones or speakers: "The choice is yours." Merchan asks them to send him a note clarifying which one. He also asks whether they want the instructions first or the testimony first. The foreperson says they want the instructions first.