Prosecutors are opposing the defense's proposed questions for jury selection in the case against the former CEO of the now-defunct FTX exchange, Sam Bankman-Fried (SBF). Bankman-Fried faces seven counts of fraud-related offenses, including wire fraud of FTX customers. On September 17, Bankman-Fried's legal counsel suggested asking potential jurors questions on various topics such as effective altruism movement, attention-deficit/hyperactivity disorder (ADHD), political donations, and more. The prosecutors have also submitted their proposed questions for jury selection on the same day.
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Prosecutors criticize questions for jury selection in Bankman-Fried trial. DOJ Calls Out SBF’s Lawyers For Being ‘Unnecessarily Intrusive’
Prosecutors criticize questions for jury selection in Bankman-Fried trial. The Department of Justice (DOJ) sent a letter to Judge Lewis Kaplan of the US District Court for the Southern District of New York on Friday, September 15th. The prosecutors criticized the nature of the questions submitted by Sam Bankman-Friend's legal team, arguing that the defense's proposed voir dire includes several "unnecessary and time-consuming questions."
The defense requests numerous open-ended questions about what opinions potential jurors have formed about the case, the defendant, and the defendant’s companies and asks whether potential jurors can “completely ignore” what they have previously seen. This is unnecessarily intrusive and goes beyond the purpose of voir dire.
Voir dire, which means "to speak the truth" in French, refers to the preliminary examination of a witness or the jury pool conducted by a judge or counsel.
The Department of Justice (DOJ) objected to certain questions in sections addressing pretrial publicity, the use of resources for effective altruism, political donations, and ADHD.
One of the objections raised by the prosecutors was that the questions about effective altruism were an attempt to portray Bankman-Fried in a positive light and strengthen their defense.
According to the DOJ:
Whether or not the defense can establish an admissible purpose for the defendant’s purported philanthropic commitments, voir dire is not the appropriate forum to suggest to the jury that the defendant was simply a good guy who wanted to make the world a better place.
Ultimately, the Department of Justice wants the court to use its own voir dire, which it claims contains “standard, neutral, and appropriate questions.
Is Sam Bankman-Fried’s Counsel Seeking Sympathy?
During the proposed voir dire, Bankman-Fried's lawyers mentioned the topic of attention-deficit/hyperactivity disorder, which is not surprising given that SBF is said to have the condition. However, the prosecutors argue that questions about ADHD are irrelevant and prejudicial, as they may improperly elicit sympathy for Sam Bankman-Fried at the start of the trial. Therefore, the DOJ has requested that the court prohibit any mention of the defendant's mental health or symptomatic body language to the jury.
The defendant is currently taking medication for his ADHD, which should effectively manage any symptoms. Moreover, the description of the potential visible symptoms of ADHD is both vague and expansive and invites the defendant to disrupt the trial under the guise of exhibiting symptoms of ADHD.
Sam Bankman-Fried is set to begin his trial in New York in early October, unless there are any further delays. He has maintained his innocence in this case.
Disclaimer: This article is provided for informational purposes only. It is not offered or intended to be used as legal, tax, investment, financial, or other advice.
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