we're on the record in state versus Daniel Mason ten dt5 show present the state by Assistant

State's Attorney's Earlywine and Jones Council good morning and she'll present they defendant
in person and by counsel Michael Costello mr. Mason good morning mr. Costello good morning
ladies and gentlemen of the jury we have a completed jury selection and you have been chosen
as jurors in this case and it's my opportunity now prior to opening statements of counsel to advise
you as to some basic principles of the law that you will follow in your deliberations as as jurors
you really need three things prior to your deliberations beginning those are the evidence in this
case the instructions of law that i will give you at the close of evidence and the closing
arguments of the council i would ask you and caution you not to begin your deliberations until
you have those three things the defendant in this case is charged with two counts and he's
charged by information and i will read those counts to you it is alleged that mr. Mason on or
about the twentieth day of August in the county of Cook state of Illinois committed the offense
of driving under the influence of alcohol in that hedrove a honda Elantra on blackhawk
street while under the influence of alcohol count two alleges that on the twentieth day of August
the defendant Daniel Mason committed the offense of driving under the influence of alcohol in
that he drove a hyundai elantra on blackhawk street with an alcohol concentration of point oh
eight or greater the defendant as you know has pleaded not guilty to both of those charges it's
important to note that the informations that I read to you are not evidence against the defendant
and nor should you infer any presumption of guilt from them they are mere formal charging
instruments to begin the process that we are engaged in today it is also very important for you to
know that the defendant is presumed innocent the charges against him and that that presumption
remains with him at every stage of the trial and during your deliberations on a verdict and it's not
overcome unless from all the evidence in the case you are convinced beyond reasonable doubt
that the defendant is guilty the state has the burden of proving the defendant guilty beyond a
reasonable doubt and that burden remains on the state throughout this case the defendant is not
required to prove his innocence and is not required to present any evidence on his behalf he may
however choose to do so you are the judges of the facts in this case and it is you and you alone
who will determine what witnesses to believe and how much weight to give their testimony part
of my job is to tell you what evidence you may properly hear and consider after you have heard
all the evidence in this case and the arguments of the lawyers in this case and have received the
instructions of law that i will give you then and only then are you to begin your deliberations if
you become convinced during your deliberations beyond a reasonable doubt from the evidence
in this case the defendant is guilty as charged then it will be your duty to find him guilty if on the
other hand after hearing the evidence you are not convinced beyond a reasonable doubt of the
defendants guilt it will be your obligation to find him not guilty it is essential that you have not
arrived in any decisions or conclusions until you have heard in full the three things that I've
mentioned to you all the evidence in the case the arguments of counsel and the instructions of
law we are now at a position in the trial to hear what is known as opening statements an opening
statement is not evidence and should not be considered by you as evidence it is a statement by a
lawyer about what he or she expects the evidence to show any statement made by an attorney in
opening statement that is not supported by the evidence should be dis English (auto-generated)