Saturday, October 15, 2022

Trevor Milton Found Guilty on 3 of 4 Counts After Trial With Nikola Witnesses in SDNY

 

By Matthew Russell Lee, Patreon Maxwell book
BBC Honduras - CIA Trial book - NY Mag

SDNY COURTHOUSE, Oct 14– The trial of Nikola founder Trevor Milton for wire and securities fraud ran from mid-September to October 14, when he was found guilty on all courts.

On October 13, the trial resumed after a nine day COVID break with the US closing argument, thread here.

Then, the defense summation by Marc Mukasey, thread here.

On October 14, the jury instructions, notes then verdict, live tweeted by Inner City Press (working on a booklet), thread here:

Judge Ramos is reading his instructions to the jury. Trevor Milton is at the defense table, reading along, as are his lawyers and the three prosecutors.

 Judge Ramos is finishing his legal instructions and says: You will now retire to deliberate. Listen to one another. If any of you took notes, you should not share them with other jurors. They are only for you. You may send out notes, including of a verdict

Judge Ramos: Do not follow or friend anyone involved in this trial on any social media; alternate jurors, you may pick up your items from the jury room before deliberations begin. One final sidebar... [Then] Our response to notes may be slower between 12:30 and 1:30

 Jury leaves to deliberate. Then, Judge Ramos to the lawyer: That's not true, I expect you to respond in five minutes. Inner City Press will be on alert for any jury notes sent out. Watch this feed.

Update: There is a note from the US v. Trevor Milton jury. Milton's Brad Bondi is already in the courtroom; AUSA Podolsky has been called. fwiw, unlike it is the verdict, yet. But it may be a telling question. In Courtroom 318, very quickly the lawyers have assembled. But still no Trevor Milton, as of 12:16 pm

 Judge Ramos says he won't begin formally until Milton arrives. But the jury question seems to be about business models.

 It's 12:28 pm and Trevor Milton has still not arrived back in court. Mukasey says, we could probably answer this question with exhibits and testimony. Judge Ramos: It's about hydrogen price. We could ask them - oh, Mr. Milton is here. Let's go on the record.

 Judge Ramos: It says, "Cost to produce hydrogen business model." Do the parties have ideas how to answer? [Parties confer]

Judge Ramos: I suggest we provide exhibits and ask if they want more. Mukasey: We'll start putting together the exhibits.

Judge Ramos is sending exhibits in to the jury without bringing them out, adding a handwritten note that they can ask if they have any additional questions.

Update of 1:42 pm - Judge Ramos says there is another note - but that he probably won't bring in the jurors to address it. So, NOT a verdict.

It's still not said WHAT the jury note is, but AUSA Roos says, It's in the form of a question. Judge Ramos: No punctuation, though (joking). The response will include transcript(s). Judge Ramos: Let's provide them the transcripts rather than bring them out.

 It emerges that the prosecutors have already redacted the objections from all witnesses' testimony. Note says: Can we please have the testimony for Peter Hicks [That's count 4 of 4] Judge Ramos: I'll send them three or four copies.

Update: AUSA Podolsky and Milton's lawyer Torrey Young are going over the redactions to Hicks' testimony. Trevor Milton has taken off his jacket, leans back against courtroom railing. Update - it seems there will be a verdict - Judge Ramos says, "Do you want me to poll the jury?" Drum roll.

Waiting for Trevor Milton's wife to arrive. Judge Ramos asks, "She was the one sitting in front, right?"

Judge Ramos: We have received a note: The jury has reached a unanimous verdict. The jury will be polled.

Waiting for Trevor Milton's wife to arrive. Judge Ramos asks, "She was the one sitting in front, right?" Judge Ramos: We have received a note: The jury has reached a unanimous verdict. The jury will be polled.

Defense lawyer Brad Bondi has just patted Trevor Milton on the back. Mark Mukasey is pacing, to the back of the courtroom. AUSA Nicholas Roos checks his watch.

Milton is walk back and forth, his left hand on his chin. And now, Trevor Milton's wife has arrived. Team Trevor is assembled in the front room of the gallery. All rise!

 Jury entering! Judge Ramos: Do you have a verdict? Ms. Rivera? [Milton is running his hands together]. Ms. Rivera: As to Count 1? Guilty. Count 2? Not Guilty. Count 3: Guilty. Count 4: Guilty.


The case is US v. Milton, 21-cr-478 (Ramos)

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