Huddled with Sam Bankman-Fried’s lawyers and prosecutors last week, U.S. District Judge Lewis Kaplan gave the FTX founder’s defense a simple reminder just outside the jury’s earshot.

“The goal here is not to set a record for the longest trial,” he said. “It’s to have the fairest trial.”

After just a few days, Judge Kaplan had honed in on the defense’s use of the clock. In court, it’s been a point of contention that Bankman-Fried’s counsel has used its cross-examination of the DOJ’s witnesses to spend hours confirming facts and details of their testimony.

Several times, Judge Kaplan has said aloud that it isn’t an appropriate use of the court’s time. Bankman-Fried’s trial is expected to last about six weeks. But there’s a lot to cover, and the schedule’s density has already caused at least one juror to nod off in court.

“That’s a telling detail,” Kevin J. O’Brien, a former assistant U.S. attorney and partner at Ford O’Brien Landy LLP told Decrypt. “The concern that the government must have is that those sorts of incidents are going to increase as the trial goes on.”

Cross-examination gives Bankman-Fried’s attorneys the opportunity to point out weaknesses in witnesses’ testimony as the government presents its case. However, Kaplan has said on multiple occas

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Author: André Beganski

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