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Case 1:20-cr-00330-PAE Document 497 Filed 11/23/21 Page3of11 does present a defense case, the defense witnesses will testify, and the government will have the opportunity to cross-examine them. After the presentation of evidence is completed, the parties will deliver their closing arguments to summarize and interpret the evidence. Just as the parties’ opening statements are not evidence, their closing arguments are not evidence either. Following closing arguments, I will instruct you on the law. Then, you will retire to deliberate on your verdict, which must be unanimous and must be based on the evidence or lack of evidence presented at trial. Your deliberations are secret. You will never have to explain your verdict to anyone. As [I’ve told you, under the law, a defendant in a criminal case is presumed innocent and cannot be found guilty of the crimes charged unless a jury, after having heard all of the evidence in the case, unanimously decides that the evidence proves the defendant guilty beyond a reasonable doubt. In a criminal case the burden of proof remains with the prosecution — the government. For the jury to return a verdict of guilty as to the defendant, the government must prove that the defendant is guilty beyond a reasonable doubt. A person charged with a crime has absolutely no burden to prove that she is not guilty, and if the defendant chooses not to present any proof, that decision cannot be held against her and may not enter into your deliberations at all. I will, DOJ-OGR-00007455