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2.6-6 Multiple Defendants
Revised to December 1, 2007
There are <insert number of defendants> defendants on trial here. Although the defendants are being tried together, you must consider the case against each separately. That is, your findings in one case do not in themselves establish a basis for similar findings in the other case[s]. Each defendant is to be considered as if (he/she) were on trial alone for the offense or offenses for which (he/she) stands charged. You will be required, therefore, to render a verdict upon each defendant separately. The charges against each defendant are contained in different counts. Each count charges a separate crime joined for the convenience of the trial in one information. You must consider each count separately and decide whether or not the state has proved each of the elements of that crime beyond a reasonable doubt.
I remind you that during the course of the trial certain evidence of <describe evidence> was admitted for you to consider in the case of <insert name of defendant>, but you were instructed not to consider this particular evidence in connection with the charges against the other defendant[s]. Your verdict for each defendant must be based solely on the evidence that was admitted for your consideration with respect to that particular defendant. Where evidence was admitted with respect to one defendant and not the other[s], you must consider it only with regard to the appropriate defendant and disregard it as to the other[s]. Remember that you will be required to return a separate verdict for each count.
Commentary
See generally State v. Booth, 250 Conn. 611, 632-33 (1999), cert. denied, 529 U.S. 106, 120 S. Ct. 156, 146 L. Ed. 2d 47 (2000) (trial court instructed the jury to "decide the case against each of these three defendants separately").
If there are more than two
defendants, a longer instruction may be necessary. See State v. Henry,
72 Conn. App. 640, cert. denied, 262 Conn. 917 (2002).