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

Case 3:03-cr-00003-EBB

Document 85

Filed 01/26/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

UNITED STATES OF AMERICA v. ANTHONY D. AUTORINO

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CRIMINAL No.: 3:03CR3 (EBB) January 24, 2006

UNITED STATES' ADDITIONAL PROPOSED JURY INSTRUCTION UNCALLED WITNESSES EQUALLY AVAILABLE The United States, by and through the undersigned Assistant United States Attorneys, hereby submits the following proposed jury instruction relating to uncalled witnesses. Respectfully Submitted, KEVIN J. O'CONNOR UNITED STATES ATTORNEY

THOMAS V. DAILY ASSISTANT UNITED STATES ATTORNEY 450 Main Street, Room 328 Hartford, CT 06103 Tel. (860) 947-1101 Federal Bar No. ct03467

JAMES G. GENCO ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct00360

Case 3:03-cr-00003-EBB

Document 85

Filed 01/26/2006

Page 2 of 3

PROPOSED INSTRUCTION Uncalled Witness Equally Available There are several persons whose names you have heard during the course of the trial but who did not appear here to testify, and one or more of the attorneys has referred to their absence from the trial. I instruct you that each party had an equal opportunity or lack of opportunity to call any of these witnesses. Therefore, you should not draw any inferences or reach any conclusions as to what they would have testified to had they been called. Their absence should not affect your judgment in any way. You should, however, remember my instruction that the law does not impose on a defendant in a criminal case the burden or duty of calling any witnesses or producing any evidence.

____________________ Sand, Instruction 6-7; United States v. Myerson, 18 F.3d 153, 158 (2d Cir. 1994) (holding that when witness is equally available to both sides, failure to produce is open to inference against both parties, despite government's power to immunize witness, absent extraordinary circumstances). 2

Case 3:03-cr-00003-EBB

Document 85

Filed 01/26/2006

Page 3 of 3

Respectfully Submitted, JOHN H. DURHAM DEPUTY UNITED STATES ATTORNEY

THOMAS V. DAILY ASSISTANT UNITED STATES ATTORNEY 450 Main Street, Room 328 Hartford, CT 06103 Tel. (860) 947-1101 Federal Bar No. ct03467

JAMES G. GENCO ASSISTANT UNITED STATES ATTORNEY Federal Bar No. ct00360

CERTIFICATION OF SERVICE I hereby certify that a copy of the within and foregoing has been hand-delivered this 25th day of January, 2006 to:

Hugh F. Keefe, Esq. Nicole Fournier Gelston, Esq. Lynch, Traub, Keefe, & Errante 52 Trumbull Street New Haven, Connecticut 06510 _____________________________________ THOMAS V. DAILY ASSISTANT UNITED STATES ATTORNEY JAMES G. GENCO ASSISTANT UNITED STATES ATTORNEY 3