Trump trial: Biden calls Trump's remarks 'dangerous'

Judge Merchan reread the portion of the instructions about Michael Cohen's testimony because he is an "accomplice" the in alleged crime.

This is a standard legal instruction about the testimony of an accomplice. Per the instructions, the jury cannot convict based solely on Cohen's testimony unless it is corroborated by evidence. If he testified about something to which there is no other evidence or testimony, the jury cannot convict on that testimony alone.

Those instructions read as follows:

Under our law, Michael Cohen is an accomplice because there is evidence that he participated in a crime based upon conduct involved in the allegations here against the defendant.

Our law is especially concerned about the testimony of an accomplice who implicates another in the commission of a crime, particularly when the accomplice has received, expects or hopes for a benefit in return for his testimony.

Therefore, our law provides that a defendant may not be convicted of any crime upon the testimony of an accomplice unless it is supported by corroborative evidence tending to connect the defendant with the commission of that crime.

In other words, even if you find the testimony of Michael Cohen to be believable, you may not convict the defendant solely upon that testimony unless you also find that it was corroborated by other evidence tending to connect the defendant with the commission of the crime.

The corroborative evidence need not, by itself, prove that a crime was committed or that the defendant is guilty. What the law requires is that there be evidence that tends to connect the defendant with the commission of the crime charged in such a way as may reasonably satisfy you that the accomplice is telling the truth about the defendant's participation in that crime.

In determining whether there is the necessary corroboration, you may consider whether there is material, believable evidence, apart from the testimony of Michael Cohen, which itself tends to connect the defendant with the commission of the crime.

The jury reheard how to handle a witness who has been convicted of a crime -- also relevant to Michael Cohen.

"You are not required to reject the testimony of a witness who has been convicted of a crime or has engaged in criminal conduct, or to accept the testimony of a witness who has not," Judge Merchan said. "You may, however, consider whether a witness' criminal conviction or conduct has affected the truthfulness of the witness's testimony."

As Judge Merchan reread the jury instructions, the jury again hears what exactly is reasonable doubt in the eyes of the law.

"A reasonable doubt is an honest doubt of the defendant's guilt for which a reason exists based upon the nature and quality of the evidence. It is an actual doubt, not an imaginary doubt. It is a doubt that a reasonable person, acting in a matter of this importance, would be likely to entertain because of the evidence that was presented or because of the lack of convincing evidence," Merchan said.

The jury also heard again how to judge the credibility of a witness.

"You must decide whether a witness told the truth and was accurate, or instead, testified falsely or was mistaken," Merchan said.
Trump's team had hammered the credibility of Michael Cohen, saying he had an "ax to grind" -- and who they will rehear testimony from again later this morning.

"You may consider whether a witness had, or did not have, a motive to lie," Merchan instructed them. "If a witness had a motive to lie, you may consider whether and to what extent, if any, that motive affected the truthfulness of that witness's testimony."

Jurors are paying close attention as Judge Merchan rereads his instructions. Some are taking notes with a few nodding along with him as he reads.

The jury again hears from Merchan that they should not draw negative inferences from Trump's decision not to testify.

"The fact that the defendant did not testify is not a factor from which any inference unfavorable to the defendant may be drawn," Merchan said. "The defendant is not required to prove that he is not guilty. In fact, the defendant is not required to prove or disprove anything. To the contrary, the People have the burden of proving the defendant guilty beyond a reasonable doubt."

Trump, at the defense table, is reclined in his chair but angled to face Merchan.