Wednesday, September 12, 2012
Your role is to determine fact[s]. Nobody can tell you what to do in that area. That's entirely your decision. If you get to the issue of damages, I will instruct you as follows: number one, you should determine not only that portion of the case but all [of] this portion of the case without using bias or prejudice; in other words, we want you to be-and I'm going to date myself a little bit by saying this. Do you remember Star Trek, the original one with Mr. Spock? Mr. Spock could look at things totally logical. He was not influenced by passion. He certainly wasn't influenced by prejudice, and that's … how you need to look at a case. You need to look at a case for the facts as you see them. You need to look at the case for the law. You apply the facts to the law, and that's how you come up with a decision. You don't allow sympathy to enter into your decision.
Star Trek is fading from the memory of a younger generation, and the judicial references must be mystifying to some in the audience. I’m sure that Harry Potter allusions are multiplying.