Professional Documents
Culture Documents
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COMMONWEALTH OF PENNSYLVANIA : IN THE COURT OF COMMON PLEAS
2 : DAUPHIN COUNTY, PENNSYLVANIA
VS. :
3 :
GRAHAM BASIL SPANIER : NO. 3615 CR 2013
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TRANSCRIPT OF PROCEEDINGS
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JURY CHARGE
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[Pages 1 - 28]
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APPEARANCES:
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LAURA A. DITKA, ESQUIRE
18 PATRICK SCHULTE, ESQUIRE
Office of the Attorney General
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For - Commonwealth
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SAMUEL SILVER, ESQUIRE
22 EMILY HANLON, ESQUIRE
Schnader, Harrison, Segal & Lewis
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For - Defendant
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1 * * *
4 All right? So you can put them back in the envelopes. Okay?
6 important.
8 evidence has been presented and the attorneys for both sides
10 instruct you in the law which you will apply to the facts as
2 because the law that I now instruct you about is accurate and
6 think you can do that, and you can pay attention if you
7 understand that what I'm about to say to you for probably the
8 next half hour or so provides you with the tools that you will
14 which I instruct you. You will not apply any other law which
15 any of you know or think you know, or any of the law mentioned
17 now.
25 law.
2 is not for me to decide what are the true facts concerning the
3 charges against the defendant. You, the jury, are the sole
8 give you to the facts as you have found them, and decide
9 whether the defendant has or has not been proven guilty of any
10 of the charges.
12 only the evidence which has been presented in court and the
15 which are not in evidence. You should not regard as true any
17 uncontradicted.
22 liked better.
17 fact that the mere fact that he was accused and charged with a
19 has begun this case with a clean slate and continues with a
2 reasonable doubt.
15 hesitation.
22 decisions are only those that are based upon the facts and
25 upon sympathy for any person or any concern for the future
8 review of the facts and the law, the application of your good
11 and honorably.
22 not testify.
12 others.
23 offense, you must find that each of the following elements has
22 child.
14 doubt all of the elements that I have stated, you must find
16 not guilty.
23 conspiracy.
2 agreement; and one of the members then commits some overt act,
11 agreement does not have to cover the details of how the crime
3 committing a crime.
18 Thus, you may, if you think it proper, infer that there was a
23 reasonable doubt.
5 jointly with the others charged and must have intended that
7 committed.
15 elements that you must find the prosecution has proven beyond
17 Count 1.
24 continuity of conduct.
1 elements that you must find the prosecution has proven beyond
17 motive than if he has none. You should weigh and consider any
6 and weigh any evidence that you think belongs in this category
22 How did he or she look, act, and speak while testifying? Was
24 or evasive?
9 casts doubt upon the rest of his or her testimony. This may
14 testimony?
25 statements that they had given, either under oath or not under
14 this trial.
9 intentional falsehood.
17 point -- that is, about a matter that could affect the outcome
19 disbelieve the rest of his or her testimony, but you are not
5 that are presented during the course of the trial. You must
11 anybody else about the case or listen to others talk about the
15 door and into the jury deliberation room. That is the time
17 yourselves.
20 may have -- but you are specifically prohibited from using any
2 himself or herself.
18 the rain coming down, but when he first went outside in the
5 as they aid you in applying your own reason and common sense;
10 giving you. That includes anything the lawyers may have said
16 extent that your notes have been taken -- and you weren't
22 of the facts.
5 fellow juror just because that juror did or did not take
6 notes.
8 for your deliberations, the only notes you may use are the
16 like to provide you with some final guidelines for the way in
17 which you conduct your deliberations and how you may properly
18 arrive at a verdict.
2 you find them, to decide whether the defendant has been proven
9 you may properly apply common sense and draw upon your own
11 experienced it.
16 you.
13 jurors and their views with the same courtesy and respect you
16 send back with you the definitions of the offenses with which
2 you can't see it from where you are, but I'm going to just
4 A JUROR: Yes.
15 guilty and a column that says not guilty. Put a check in the
17 and Count 3.
1 get back into the jury deliberation room and need any further
6 matter the respect and the attention that you have done so for
9 is there anyone that for any reason believes they could not
11 reaching a verdict?
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1 C E R T I F I C A T I O N
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11 C.L. Hansberry, RDR, CRR, CRC
Official Court Reporter
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