Free Proposed Jury Instructions/Request to Charge - District Court of Connecticut - Connecticut

Case 3:00-cr—00217-EBB Document 979 Filed 10/28/2003 Page 1 of 2
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UNITED STATES DISTRICT COURT
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BEN F. ANDREWS,
Defendant. : October 26, 2003
DEFENDANT'S SECOND REQUESTED SUPPLEMENTAL CHARGE
The defendant Ben Andrews respectfully requests that the Court add the
following instruction to the jury.
Ladies and gentlemen, during the course of the government's rebuttal
argument yesterday, the prosecutor made one argument concerning Mr.
Andrews' testimony, in which, the prosecutor said, Mr. Andrews testified
that during the course of the meeting following the Prescott Bush day
dinner, l\/Ir. Silvester said, "Ifl am going to do this deal with Smith Whiley,
you are still going to let Chris in on your deals throughout the country,
aren't you?"‘ You should not consider this argument and should put it out
of your mind. I\/lr. Andrews is not charged in the indictment with aiding
and abetting or acting as a principal with respect to any action that Paul
Silvester took with respect to the Smith Whiley contract. You may only
consider whether Paul Silvester acted with a corrupt purpose in entering
into the Landmark contracts, and whether Mr. Andrews knew that Paul
Silvester was acting with a corrupt purpose in entering into that contract.
Authority: The indictment does not allege that Nlr. Andrews committed any violation with
respect to the Smith Whiley contract, while the prosecutor's argument suggested that if
IVlr. Andrews agreed to accept Mr. Stack as a partner in the Landmark transactions,
with the intent that it would influence Mr. SlIvester's decision in the Smith Whiley matter,

_ iWe do not have a transcript of either the final argument or the testimony, and so
this quotation is our best recollection of the argument and testimony.
Jnnmmma nonuvm . ATTORNEY AT LAW • PO BOX 554 · OLD SAYBROOK CT OOO5 . (203) 388-3750 . JURIS NO. LOAM

Case 3:00-cr—00217-EBB Document 979 Filed 10/28/2003 Page 2 of 2
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he should be found guilty of the charges in the indictment.
Re ectfu tted,
J EMIA ONOVAN
1 Elm Street——Unit 400
. Box 554
Saybrook, CT 06475
(860) 388-3750
FAX 388-3181
Juris no. 305346
Fed.bar.no. CT 03536
CERTIFICATION OF SERVICE
This is to certify that the above and foregoing was hand delivered on October 28,
2003, to: David Ring and William Nardini, AUSAs.
J EMI H DO VA
JEREMIAI1 DONOVAN • ATTORNEY AT LAW • po Box 554 • OLD SAYBROOK CT 06415 • (203) sss-s750 • Jums N0. 205:46