The lawyer representing Sam Bankman-Fried, the former CEO of the now-defunct exchange FTX, has claimed that the proposed jury questions for the upcoming fraud trial might have the potential to elicit biased responses.
In a court filing on September 29, lawyer Mark Cohen, representing Bankman-Fried, contends that the jury questions presented by the US government contain loopholes that could result in an unfair trial for Bankman-Fried.
“The Government’s proposed voir dire discourages full disclosure from potential jurors, fails to elicit sufficient information to allow the defense to ascertain potential juror bias, and risks tainting the jury by presenting the allegations in a prejudicial manner.”
Cohen stresses the importance of the court reminding potential jurors that Bankman-Fried is entitled to the presumption of innocence until proven guilty beyond a reasonable doubt.
He also argues that the language used in the jury selection questions already portrays a biased image, presuming Bankman-Fried’s guilt in fraud and money laundering.
“In particular, by referring to “his fraud,” rather than “his alleged fraud” or simply “fraud,” the final sentence in paragraph 3 improperly suggests that fraud by Mr. Bankman-Fried is an established fact.”
Furthermore, Cohen argued that the court should use the voir dire proposed by Bankman-Fried.
On September 15, Cointelegraph reported that the US government opposed Bankman-Fried’s proposed questions, declaring them unnecessary and time-consuming.
Specifically, it objects to his questions concerning pretrial publicity, the effective altruism philosophical movement, political donations and lobbying, and attention-deficit/hyperactivity disorder (ADHD).
Related: FTX founder’s plea for temporary release should be denied, prosecution says
Jury selection will commence on October 3, preceding the trial’s start on October 4.
According to a recently released trial calendar, there will be 15 full trial days in October and another six in November.
Bankman-Fried has been in detention at the Metropolitan Detention Center since August 11. United States District Judge Lewis Kaplan has consistently refused his numerous requests for temporary release to prepare for the trial.
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