Former federal prosecutor and U.S. attorney for Utah, Brett Tolman, shared insights on the complexities of the ongoing case, highlighting the potential for various outcomes and legal challenges ahead. In the event of a guilty verdict, Tolman explained the possibility of an emergency appeal to the Supreme Court to address issues such as jury instructions, admissible evidence, and the application of the law.
One key concern raised was the jury instruction allowing for non-unanimous decisions on predicate crimes, which could pose challenges to the defendant's right to understand the charges against them and mount a proper defense. Tolman suggested that such instructions could raise constitutional issues related to due process, potentially leading to Supreme Court intervention.
The discussion also touched upon the judge's handling of jury instructions, with Tolman noting that providing jurors with a copy of the law for reference is a common practice. However, the judge's decision not to do so in this case was seen as a control tactic that could impact the jury's understanding of the legal framework.
Overall, Tolman predicted that the complexity of the case and the specific instructions given by the judge could lead to more questions from the jury and potentially more notes seeking clarification. The interplay between legal nuances, jury instructions, and constitutional rights was highlighted as a key factor that could shape the outcome of the trial and any subsequent appeals.
