Day 28 - June 16, 2025
The Court denied the requested Napue instruction, excused Juror No. 6, and heard summary-chart testimony subject to limits on record-based inferences.
Full day summary
1. Napue and Juror-Excusal Rulings
The Court denied a requested Napue instruction, then excused Juror No. 6, seated the first alternate, and admitted a batch of government exhibits.
Highlights
Napue Instruction RulingrulingThe Court denied the defense request for a Napue instruction, finding that cross-examination had exposed the cited inconsistencies in Ms. Bongolan's testimony and that the current record did not establish the requested premise of government-presented perjury.Juror No. 6 Excusal RulingrulingThe Court excused Juror No. 6 after finding inconsistencies concerning his residence and candor, and ordered that the first alternate replace him.Juror No. 6 Excusal Ruling“At that point the answer is clear. Juror No. 6 is excused.”— Arun SubramanianThe Court announced its excusal ruling after addressing the parties' arguments.
3. DeLeassa Penland — Direct (Part 1)
Special Agent DeLeassa Penland explained government charts based on records, with the Court requiring clarification that location and travel entries reflected the records rather than her personal knowledge.
Highlights
5. DeLeassa Penland — Direct (Part 2)
Special Agent DeLeassa Penland resumed her review of government chart entries, using financial, travel, hotel, message, and video records. The Court directed the parties to use a stipulation to identify a device's local user.
Direct586 lines
DeLeassa Penland — Direct Resumed DeLeassa Penland Emily A. Johnson
2 sidebars inside this proceeding
- Witness Sequestration and Device IdentificationThe sidebar addressed whether a sequestered witness could rely on reviewed testimony to identify the local user of certain devices.
- Juror No. 7 DiscussionThe parties had not yet conferred about Juror No. 7 and discussed addressing the matter the following day.