So we don't know whether or not they could have been unanimous on those three or not. That's another failing of the jury instruction. So Not only did we have not the elements of the crime, but we had three different crimes with three vastly different elements of the crimes, all unspecified, none of them in the indictment. The elements of the crimes weren't in the bill of particulars. Last hearing I had, the bill of particulars waved at me like it was some kind of magic document that flew in here with its own cape. (04:22–04:33)
CLAIM
Asserts that the indictment did not specify the elements of the crimes.
This is an excerpt from a raw transcript. The assertions have not been audited or verified. Tap the video to view the source footage and understand the context.