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Defendant Philossaint’s Proposed Jury Instructions — United States v. Philossaint (Dkt. 185, S.D. Fla.)

Summary

Defendant Philossaint's Proposed Jury Instructions in United States of America v. Joff Stenn Wroy Philossaint, Case No. 22-80144-CR-SMITH/MAYNARD(s)(s), in the U.S. District Court for the Southern District of Florida, filed February 1, 2023. Through counsel Ian J. Goldstein, the defendant asks the Court to give the listed instructions at trial and to allow additional instructions based on the evidence. The set includes general instructions on the duty to follow instructions and the presumption of innocence, and an offense instruction on procurement of citizenship or naturalization unlawfully under 18 U.S.C. § 1425. It reserves a theory of defense instruction to be submitted separately, includes a good-faith defense instruction, and closes with instructions on the verdict form and on communicating with the court.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Filed February 1, 2023 in Joff Stenn Wroy Philossaint; one of 115 filings from this case.

Record facts

CourtU.S. District Court for the Southern District of Florida
Filed2023-02-01

Cite this document

“Defendant Philossaint’s Proposed Jury Instructions — United States v. Philossaint (Dkt. 185, S.D. Fla.).” U.S. District Court for the Southern District of Florida, No. 9:22-cr-80144, Doc. 185, filed 2023-02-01. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-joff-stenn-wroy-philossaint-flsd-619841/2023-02-01-gov-uscourts-flsd-619841-185-0-doc-185/, SHA-256 415c9b5e82d985ba17fc42338ebf66a86f33d0fe6233600d637f9df9006c4701.

Full text

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 1 of 14




                       UNITED STATES DISTRICT COURT
                       SOUTHERN DISTRICT OF FLORIDA

                 CASE NO. 22-80144-CR-SMITH/MAYNARD(s)(s)

  UNITED STATES OF AMERICA,

               Plaintiff,

  vs.

  JOFF STENN WROY PHILOSSAINT,
            Defendant.
  ___________________________________/

        DEFENDANT PHILOSSAINT’S PROPOSED JURY INSTRUCTIONS

         The defendant, Joff Stenn Wroy Philossaint, through undersigned counsel,

  respectfully requests that the Court give the following Jury Instructions at trial in

  this matter. Defendant also requests that he be allowed to propose such additional

  instructions as become appropriate based upon the testimony and evidence at trial,

  and that it be informed prior to closing arguments which instructions the Court will

  accept.

                                         Respectfully submitted,

                                         LAW OFFICES OF IAN GOLDSTEIN P.A.
                                         Counsel for Defendant Philossaint
                                         330 Clematis Street, Suite 209
                                         West Palm Beach, FL 33401
                                         Tel: (561) 600-0950
                                         Email: ian@iangoldsteinlaw.com
                                         /s/ Ian J. Goldstein
                                         IAN J. GOLDSTEIN, ESQUIRE
                                         Florida Bar No. 0085219

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 2 of 14




                                        B1
                              Face Page – Introduction

  Members of the Jury:

        It’s my duty to instruct you on the rules of law that you must use in deciding

  this case. After I’ve completed these instructions, you will go to the jury room and

  begin your discussions – what we call your deliberations.

        You must decide whether the Government has proved the specific facts

  necessary to find the Defendant guilty beyond a reasonable doubt.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 3 of 14




                                         B2.1
        The Duty to Follow Instructions And the Presumption of Innocence

        Your decision must be based only on the evidence presented here. You must

  not be influenced in any way by either sympathy for or prejudice against the

  Defendant or the Government.

        You must follow the law as I explain it – even if you do not agree with the

  law – and you must follow all of my instructions as a whole. You must not single

  out or disregard any of the Court's instructions on the law.

        The indictment or formal charge against a defendant isn’t evidence of guilt.

  The law presumes every defendant is innocent. The Defendant does not have to

  prove his innocence or produce any evidence at all. The Government must prove

  guilt beyond a reasonable doubt. If it fails to do so, you must find the Defendant

  not guilty.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 4 of 14




                                     B2.2
       The Duty to Follow Instructions and the Presumption Of Innocence
                      When a Defendant Does Not Testify

        Your decision must be based only on the evidence presented during the trial.

  You must not be influenced in any way by either sympathy for or prejudice against

  the Defendant or the Government.

        You must follow the law as I explain it – even if you do not agree with the

  law – and you must follow all of my instructions as a whole. You must not single

  out or disregard any of the Court's instructions on the law.

        The indictment or formal charge against a Defendant isn’t evidence of guilt.

  The law presumes every Defendant is innocent. The Defendant does not have to

  prove his innocence or produce any evidence at all. A Defendant does not have to

  testify, and if the Defendant chose not to testify, you cannot consider that in any

  way while making your decision. The Government must prove guilt beyond a

  reasonable doubt. If it fails to do so, you must find the Defendant not guilty.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 5 of 14




                                          B3
                          Definition of “Reasonable Doubt”

        The Government's burden of proof is heavy, but it doesn’t have to prove a

  Defendant's guilt beyond all possible doubt. The Government's proof only has to

  exclude any “reasonable doubt” concerning the Defendant's guilt.

        A “reasonable doubt” is a real doubt, based on your reason and common

  sense after you’ve carefully and impartially considered all the evidence in the case.

        “Proof beyond a reasonable doubt” is proof so convincing that you would be

  willing to rely and act on it without hesitation in the most important of your own

  affairs. If you are convinced that the Defendant has been proved guilty beyond a

  reasonable doubt, say so. If you are not convinced, say so.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 6 of 14




                                        B4
               Consideration of Direct and Circumstantial Evidence;
                  Argument of Counsel; Comments by the Court

        As I said before, you must consider only the evidence that I have admitted in

  the case. Evidence includes the testimony of witnesses and the exhibits admitted.

  But, anything the lawyers say is not evidence and isn’t binding on you.

        You shouldn’t assume from anything I’ve said that I have any opinion about

  any factual issue in this case. Except for my instructions to you on the law, you

  should disregard anything I may have said during the trial in arriving at your own

  decision about the facts.

        Your own recollection and interpretation of the evidence is what matters.

        In considering the evidence you may use reasoning and common sense to

  make deductions and reach conclusions. You shouldn’t be concerned about

  whether the evidence is direct or circumstantial.

        “Direct evidence” is the testimony of a person who asserts that he or she has

  actual knowledge of a fact, such as an eyewitness.

        “Circumstantial evidence” is proof of a chain of facts and circumstances that

  tend to prove or disprove a fact. There’s no legal difference in the weight you may

  give to either direct or circumstantial evidence.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 7 of 14




                                          B5
                               Credibility of Witnesses

        When I say you must consider all the evidence, I don’t mean that you must

  accept all the evidence as true or accurate. You should decide whether you believe

  what each witness had to say, and how important that testimony was. In making

  that decision you may believe or disbelieve any witness, in whole or in part. The

  number of witnesses testifying concerning a particular point doesn’t necessarily

  matter.

        To decide whether you believe any witness I suggest that you ask yourself a

  few questions:

        •   Did the witness impress you as one who was telling the truth?

        •   Did the witness have any particular reason not to tell the truth?

        •   Did the witness have a personal interest in the outcome of the
            case?

        •   Did the witness seem to have a good memory?

        •   Did the witness have the opportunity and ability to accurately
            observe the things he or she testified about?

        •   Did the witness appear to understand the questions clearly and
            answer them directly?

        •   Did the witness's testimony differ from other testimony or other
            evidence?

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 8 of 14




                                          O120
                               Procurement of Citizenship
                              or Naturalization Unlawfully
                                    18 U.S.C. § 1425

        It’s a Federal crime for any person to knowingly procure or attempt to

  procure, contrary to law, the naturalization of any person.

        The Defendant can be found guilty of a violation of section 1425(a), only if

  all the following facts are proved beyond a reasonable doubt:

        (1) the Defendant knowingly procured

        (2) contrary to law

        (3) the naturalization of any person

        “Naturalization” means conferring citizenship on a person after his or

  her birth.

        A defendant acts “contrary to law” if the defendant knowingly makes

  a false statement under oath in a proceeding or matter relating to

  naturalization.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 9 of 14




                         Theory of Defense Instruction

                   [to be submitted separately, if appropriate]

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 10 of 14




                                          S17
                                    Good-Faith Defense

             “Good faith” is a complete defense to a charge that requires intent to

   defraud. A defendant isn’t required to prove good faith. The Government must

   prove intent to defraud beyond a reasonable doubt.

             An honestly held opinion or an honestly formed belief cannot be fraudulent

   intent – even if the opinion or belief is mistaken. Similarly, evidence of a mistake

   in judgment, an error in management, or carelessness can’t establish fraudulent

   intent.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 11 of 14




                                        B9.2
                      On or About a Particular Date; Knowingly

         You’ll see that the indictment charges that a crime was committed “on or

   about” a certain date. The Government doesn’t have to prove that the offense

   occurred on an exact date. The Government only has to prove beyond a reasonable

   doubt that the crime was committed on a date reasonably close to the date alleged.

         The word “knowingly” means that an act was done voluntarily and

   intentionally and not because of a mistake or by accident.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 12 of 14




                                         B10.1
                                  Caution: Punishment
                            (Single Defendant, Single Count)

         I caution you that the Defendant is on trial only for the specific crime

   charged in the indictment. You’re here to determine from the evidence in this case

   whether the Defendant is guilty or not guilty of that specific crime.

         You must never consider punishment in any way to decide whether the

   Defendant is guilty or not guilty. If you find the Defendant guilty, the punishment

   is for the Judge alone to decide later.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 13 of 14




                                            B11
                                     Duty to Deliberate

         Your verdict, whether guilty or not guilty, must be unanimous – in other

   words, you must all agree. Your deliberations are secret, and you’ll never have to

   explain your verdict to anyone.

         Each of you must decide the case for yourself, but only after fully

   considering the evidence with the other jurors. So you must discuss the case with

   one another and try to reach an agreement. While you’re discussing the case, don’t

   hesitate to reexamine your own opinion and change your mind if you become

   convinced that you were wrong. But don’t give up your honest beliefs just because

   others think differently or because you simply want to get the case over with.

         Remember that, in a very real way, you’re judges – judges of the facts. Your

   only interest is to seek the truth from the evidence in the case.

Case 9:22-cr-80144-RS Document 185 Entered on FLSD Docket 02/01/2023 Page 14 of 14




                                             B12
                                            Verdict

            When you get to the jury room, choose one of your members to act as

   foreperson. The foreperson will direct your deliberations and will speak for you in

   court.

            A verdict form has been prepared for your convenience.

                                        [Explain verdict]

            Take the verdict form with you to the jury room. When you’ve all agreed on

   the verdict, your foreperson must fill in the form, sign it, date it, and carry it. Then

   you’ll return it to the courtroom.

            If you wish to communicate with me at any time, please write down your

   message or question and give it to the marshal. The marshal will bring it to me and

   I’ll respond as promptly as possible – either in writing or by talking to you in the

   courtroom. But I caution you not to tell me how many jurors have voted one way

   or the other at that time.

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