9:33AM That concludes duties of jurors. Wants to emphasize that defendants are only on trial for charges in the indictment. Whether anyone else should be prosecuted, is not to be considered. Job is to consider if the government has proven the defendants guilty.
Number of charges is no evidence of guilt and should not influence decision in any way. Must separately consider for every defendant. For each one, must consider that government has proven guilt beyond reasonable doubt. With the exception of count 1, should not be influenced.
Dates- indictment charges crimes happened on certain dates. Government must prove crimes happened reasonably close to those dates.
A defendant's state of mind can be proved indirectly. Consider the natural and probable results of actions that the defendant did or did not do.
May recall be instructed at beginning of case of duties as a juror, any opinions on this case may not enter deliberations. Decision must solely be based on evidence.
Moving on to crimes.
Counts 2-5, 7-10 and 15.
Counts through 2 to 4 each charge Kwame and Bobby with extortion through wrongful fear of economic harm and color of official right. To find a defendant of extortions charges, government must prove only one of these types of extortion. Government needn't show both types.
Count 2- sewer lining contract, count 3 amendment to sewer lining, count 4 baby creek and pattn park. Unable to keep up with the other counts.
To find Kwame and Bobby guilty of counts 2-4 and 7-10. Government must prove that the defendant or a person he aided and abetted, wrongfully obtained money from other persons. Second, that the defendant did so through extortion. Third, that person gave money or property because of extortion.
Extortion under color of official right is when person receives money or property that public official is not entitled to. Government doesn't have to prove that the public official suggested giving money or property. Act of giving money or property could happen after official action expected.
Government doesn't have to prove particular act. Question is if official obtained money through implicit or explicit promises to use influence for money or property.
Extortion through wrongful fear of economic harm. Wrongful because it is improper. Fear is for ability to keep work or get future work. For there to be fear of economic harm, must find that fear was reasonable under circumstances.
9:45AM You have heard testimony of witnesses for fear of economic harm. Can weigh the relationship between the witness and defendants. The parties had agreed that interstate commerce was effective for purposes of this instructions.
Defendants name in extortion counts are charged with aiding and abetting each other. This has to do with Kwame and Bobby.
To find the defendants guilty of aiding and abetting, must be convinced that crime of extortion was committed, the defendant helped commit the crime and intended to do so.
The crime of extortion under color of official right for Bobby Ferguson requires Kwame Kilpatrick because it requires involvement of public official. Extortion through fear for Bobby does not require Kwame.
Evidence must prove that defendant did something to encourage crime.
Count 5 refers to Oakwood pump station.
Count 15 has to do with Bernard Kilpatrick trying to extort on the sludge contract.
To find guilt of extortion on those counts, government must have proved that defendant wanted to commit crime of extortion and committed an overt act to do so.
Defendants conduct must go through mere preparation and prove that defendants intended to commit crime.
9:50AM Moving on to charges in count 16 and 17. Counts 16 and 17 of the indictment charge Kwame and Bobby with bribery related to government entity.
In order to prove Kwame Kilpatrick guilty, government must prove that Kwame was mayor of the city of Detroit and second accepted to be rewarded. Thirdly, did so corruptly. Fourth, had to be more than $5,000. Fifth, had to do with assurance of assistance.
Need to consider public official's intent to be rewarded. Need not consider business of the public official's office. government need not prove that the official received a bribe or committed the act promised.