The defense case hinges on the argument that the officers were justified in shooting Diallo a year ago because they believed he had a gun in his hand and was about to shoot them. The object Diallo pulled from his pocket as he stood in the vestibule was actually a wallet. Diallo, from the African nation of Guinea, did not have a criminal record. The officers testified that Diallo did not respond to their commands when they approached him. Teresi instructed the jurors to consider only the charges and not consider what the punishment would be.
Punishment is the function of the court.
Dismissed juror apologizes One juror was dismissed for discussing the case outside of court. That juror, a white woman, was replaced by an alternate, a white man. Teresi said he dismissed the woman after an investigation by state police revealed she had talked about the case outside the courtroom. Jurors, who were not sequestered until deliberations began, were instructed every day by Teresi not to discuss the trial outside the jury room. The judge said the dismissed juror apologized for her actions, saying if she had it to do over again, she would not have talked about the case.