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Sam Bankman-Fried- Case Archive
Federal Criminal Trialtrial-daytrial-dayDay 1 - October 3, 2023Counsel agreed on initial juror screening, the court deferred a remote-witness decision, and Samuel Bankman-Fried was advised that the choice whether to testify was his alone.
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Day 1 - October 3, 2023

Juror Screening, Remote-Witness Question, and Testimony Advice

Judge Lewis A. Kaplan
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0Witnesses
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Day 1 of 19

Counsel agreed on initial juror screening, the court deferred a remote-witness decision, and Samuel Bankman-Fried was advised that the choice whether to testify was his alone.

Full day summary

Before jury selection, counsel agreed to excuse prospective jurors who immediately said they could not be fair and impartial. The parties also argued over possible remote testimony from a Ukrainian FTX customer. The court deferred a decision until it could assess the testimony after hearing from other customers and outlined conditions for any later remote appearance. The court advised Samuel Bankman-Fried that the decision whether to testify was his alone, and he said he understood. The government stated, with defense confirmation, that there had been no plea discussions or plea offer.

1. Pretrial Matters Before Jury Selection

Before jury selection on Day 1, the court addressed juror excusals, possible remote testimony, Samuel Bankman-Fried's right to decide whether to testify, and other opening procedural matters.

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Procedural
Pretrial Matters Before Jury Selection
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The court deferred a decision on a possible remote Ukrainian witness, advised Samuel Bankman-Fried of his personal right to testify, and addressed voir dire and other trial-opening matters.

Highlights

Pretrial Matters Before Jury SelectionrulingCounsel agreed to the court's proposed procedure for excusing prospective jurors who immediately indicated that they could not be fair and impartial.Pretrial Matters Before Jury SelectionrulingAfter hearing argument about a possible Ukrainian customer witness, the court deferred deciding whether remote testimony would be cumulative or unfairly prejudicial and outlined conditions for any later remote appearance.Pretrial Matters Before Jury Selectionprocedural actionThe court personally advised Samuel Bankman-Fried that the decision whether to testify belonged solely to him, and he confirmed that he understood.Pretrial Matters Before Jury Selection“You have the right to testify in your own defense in this case, and the decision as to whether or not you testify is a decision solely for you.”— Lewis A. KaplanThe court directly advised the defendant that the choice whether to testify was personal to him and could not be made by counsel.
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