EFTA00023369

Document Text

LB1TMAX1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 precluding the term "victim" is both unnecessary and impractical. United States v. Dupigny, 18 CR 528, transcript of October 17, 2019, Docket No. 198 at 50. It is appropriate for the government to use the terms as representative of its litigating position. If the government does this in any way that is atypical or unduly prejudicial, I will revisit. Defense only cites out-of-circuit or state court decisions for the proposition that those terms are inherently prejudicial and harm the presumption of innocence. Numerous courts of appeal disagree with that argument, particularly when the presentation of evidence and the court's instructions "taken as a whole clarify the government's burden of proving all elements of the crime." United States v. Washburn, 444 F.3d, 1007, 1113 (8th Cir. 2006); see also, Server v. Mizell, 902 F.2d 611, 615, (7th Cir. 1990); United States v. Granbois, 119 F.App'x 35, 38-39 (9th Cir. 2004). Defendant's lone district court opinion does not tip the balance of this authority. I will, of course, instruct the jury repeatedly that the defendant is presumed innocent and that it is the government's burden and the government's burden alone to prove guilt beyond a reasonable doubt. Those instructions will eliminate any potential prejudice. See again Judge Furman's decision in Dupigny, Docket No. 198 at 49 That matter resolved, I will t