The Prosecutors' Puppets

Why consciousness of guilt evidence mattered (start here)

Why consciousness of guilt mattered

The State told the jury that things I allegedly did or said showed I knew I was guilty. The judge read this instruction on how that kind of claim could be used:

If the defendant tried to create false evidence or obtain false testimony, that conduct may show that he was aware of his guilt. If you conclude that the defendant made such an attempt, it is up to you to decide its meaning and importance. However, evidence of such an attempt cannot prove guilt by itself.

Jury instruction as read by the court, RT 8172:15-21

See page 8172See page 8172

Even if a jury believed every one of those claims, the instruction says they could not prove guilt by themselves. Each of the State’s alleged attempts is examined on the pages below, with the State’s own records.

All quotations are from the Reporter’s Transcript (RT), People v. Merritt, San Bernardino County Superior Court, Case No. FVI1404194: jury instructions of May 28, 2019.