Tipsheet

CNN Analyst Shocked by Judge Merchan's Handling of Jury Instructions

Sarah Arnold
Sarah Arnold  |  May 29, 2024 8:45 PM

A CNN analyst referred to Judge Juan Merchan’s handling of critical jury instructions regarding former President Donald Trump’s Manhattan criminal case as “crazy” as jurors wrap up deliberations. 

David Oscar Markus was shocked to learn how Merchan has handled the case, which accuses Trump of 34 counts of falsifying business records related to the alleged hush money payments he “made” to adult film actress Stormy Daniels.

“The jury must be overwhelmed,” Markus said. “To have all of these instructions just read to them without them getting a copy is going to be overwhelming for them.”

Markus explained that jurors are traditionally given written instructions from the case to refer to while deliberating. However, Merchan refused to provide them with a copy of the notes. 

Instead, jurors will have to ask for instructions to be reread and only have the option of referring to their personal notes taken during the trial. 

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“It’s crazy that the lawyers were not able to discuss the instructions in their closings yesterday,” he said. “Typically, lawyers can go through the instructions and explain why they’ve met them or why the government hasn’t met them.”

Merchan has adopted an unusual way of going about the case, forcing jurors to paint a picture of the case using their own notes. 

The absence of the critical discussion phase means jurors are left to piece together the legal puzzle on their own, a daunting task given the complexity and significance of the case. During the jury instructions, Judge Merchan took over an hour to explain the laws in question, reminding jurors to set aside any personal biases. Importantly, he alluded that the burden of proof lies with the prosecution, not the defense, which is not required to prove Trump’s innocence. The jury, which must remain in the jury room during deliberations, will have no access to their cell phones and can only deliberate when all members are present. They will discuss the case only among themselves, without any outside influence, even from the court officer. If they have questions, they will write a note to the judge, who is forbidden from discussing the facts of the case but will facilitate the legal process as needed. Via Trending Politics. 

On Wednesday, jurors were dismissed following the first day of deliberations. Before signing off for the day, they sent two notes to Merchan. One was a request to re-hear his instructions on how to consider the evidence, and another was to re-hear testimony from former American Media, Inc. CEO David Pecker and Michael Cohen. 

Trump labeled the judge’s instructions for the jury as "the most biased and unfair in judicial history,” referring to the proceeding as a "kangaroo court.” 

Attorney Jonathan Turley found it “interesting” that at least one of the jurors requested instructions, indicating that they were “unconvinced” Trump was guilty. 

“I cannot imagine a need for the instruction unless there was an early disagreement in that room on the evidence and the standards. That could indicate at least one juror who is not convinced by either Steinglass or Blanche saying that this is a no-brainer,” Turley said.