During the ongoing legal proceedings, defense attorney Emil Bove has indicated the potential need for a jury instruction regarding uncalled witnesses on both sides. The question of whether former President Donald Trump will testify remains uncertain. Bove highlighted that key witness Allen Weisselberg is currently incarcerated, making him unavailable for any testimony.
Bove further argued against the admission of a severance agreement, deeming it unduly prejudicial. He expressed concerns about potential confusion for the jury, particularly given Weisselberg's incarceration status. Bove noted that if called to testify, Weisselberg would likely invoke his Fifth Amendment rights.
Regarding the relevance of the severance agreement, Bove emphasized that the timing of its execution post-incident should not be a focal point in the case. Prosecutor Chris Conroy countered by stating the prosecution's intent to clarify Weisselberg's absence to the jury.
Conroy highlighted that Weisselberg's interests align closely with the defendant's, suggesting a potential bias in favor of the accused. The prosecutor also outlined provisions within the agreement that restrict Weisselberg from making disparaging remarks about the company or its personnel.
Looking ahead, Conroy anticipated the defense's arguments concerning Weisselberg's absence and the implications thereof. The looming question of whether Weisselberg should have been present and the potential interpretations of his non-appearance are expected to be key points of contention in the legal proceedings.