Seven pages of jury instructions, taken from Jeralyn Merritt's February 28 article, Libby: Factors to Consider While We Wait. They show that the 127 pages of instructions contain very little text on each page, being in rather large print. As an aside, the page numbers are handwritten, not typed.
The last three pages are a fraction of the instructions relating to Count One, Obstruction of Justice, and show the defense-preferred definition of "intent," including the use of "corruptly" and "[to act] with an evil motive" as necessary findings to support the rendering of a guilty verdict. The prosecution argued against using words like "evil motive."
I've also learned that the jury instructions include a "Good Faith Defense" section, as requested by the defense.
On the other hand, unless Ms. Merritt truncated the Memory Instruction actually delivered to the jury, it appears the defense did not get the language it sought under the memory instruction ...
(8.) A person's confidence in the accuracy of his recollection of an event has little, if any, relation to the accuracy of the person's recollection. In other words, a person may be very confident that his memory of an event is accurate when in fact it is inaccurate.
(9.) If a person remembers an event incorrectly the first time he tries to recall it, his later recollections of the event are likely to repeat that error.
Without waiving our initial proposal, we requested that two points be added to the Court's proposed memory instruction: (1) that a person's confidence in the accuracy of his recollection of an event has little, if any, relation to the accuracy of the person's recollection--in other words, a person may be very confident that his memory of an event is accurate when in fact it is inaccurate; and (2) that if a person remembers an event incorrectly the first time he tries to recall it, his later recollections of the event are likely to repeat that error.
See also Jan 17 Libby Memorandum regarding Jury Instructions pp. 6-8.
Memory Instruction As you have heard, the defense contends that Mr. Libby confused, forgot, or misremembered all or parts of some of the conversations that you have heard about during the trial that form the basis for the charges that have been filed against Mr. Libby. You are also being asked to evaluate the accuracy of the memory of other witnesses who testified in this trial. In considering Mr. Libby's position and the testimony of any other witness 35 whose memory is at issue, it is appropriate for you to take into account the following: (1.) Your assessment, based on your life experiences, of the capacity of human beings to remember things they said and were told when asked to recall those matters at a later point in time; (2.) The amount of time between when a person said or heard something and the impact the passage of time had on the person's memory to accurately recall those 36 events; (3.) The circumstances that existed when the person was exposed to the events he or she is asked to recall; (4.) The nature of the information or the event the person is called upon to remember; (5.) The circumstances that existed when the person was asked to recall the earlier event; (6.) The circumstances that existed 37 during the time between when the person was exposed to an event he or she is asked to recall and when that person was asked to recall the earlier event; (7.) Your assessment of the memory capacity of the person whose memory is in question; and (8.) Any evidence that was presented during this trial that shed light on any issues related to memory of the individuals you have to assess in this trial. 38 ------------------- corruptly endeavored to influence, obstruct, or impede the due administration of justice. According to count one of the indictment, Mr. Libby carried out this corrupt endeavor by making the following three allegedly false statements to the grand jury: (1.) That when Mr. Libby spoke with Tim Russert of NBC News, on or about July 10, 2003, Mr. Russert asked Mr. Libby if Mr. 62 Libby knew that Joseph Wilson's wife worked for the CIA and that Mr. Russert told Mr. Libby that all the reporters knew it; (2.) That when Mr. Libby spoke with Tim Russert of NBC News, on or about July 10, 2003, Mr. Libby was surprised to hear that Mr. Wilson's wife worked for the CIA; and (3.) That Mr. Libby advised Matthew Cooper of Time magazine on or about July 12, 2003, that he had heard that other 63 reporters were saying that Mr. Wilson's wife worked for the CIA, and further advised him that Mr. Libby did not know whether this assertion was true. To act "corruptly," as this word is used in these instructions, means to act voluntarily and deliberately and with an evil motive or improper purpose or intent to influence, or obstruct, or interfere with the administration of justice. The term "endeavors," as used in these 64
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