Edwards suggests using "or"
Judge is going to have to think about this one too
Edwards objects as "anti-deliberative" and Nelson says that is not correct
Edwards says he is arguing about the word "first"
Judge doesn't think it is a big deal. "As a matter of logic"
Nelson objects to removing first
Judge is just going to take it out
Nelson says she doesn't understand Edward's objection
Now past 6pm, when the judge had wanted to be finished
Higgs says she'd like to leave for an appointment, and judge responds that he'll stop in a few minutes
Nelson does have additional objections to this instruction, making it gender neutral and to remove "with respect to a count" when they weigh the mitigating factors
Nelson objects to sending copies of Phase 1 verdict forms with the jury, but the judge says he either has to send it back or remind them which aggravating factors
Nelson says they'd prefer the instruction, Edwards says prosecution wants to send the forms back
Judge asking if either side wants to give him a heads up about any big issues they might see
Judge reads instruction where jurors can consider compassion for the defendant but not for anyone else at this point
Nelson says that most of the rest of her objections will be quick, but she wants to point out that the "reasonable doubt" instruction doesn't make sense to include
After this long day, we're going to wrap up and say goodnight. Thanks for sticking with us