A defendant facing criminal charges has the right to testify during their trial, but many don’t. Now, several weeks into Sam Bankman-Fried’s case, the FTX founder still hasn’t decided whether he’ll take the stand.

Bankman-Fried has remained silent so far, as he defends himself against seven fraud and conspiracy charges in federal court. Meanwhile, the jury has heard at length from FTX insiders, who’ve detailed Bankman-Fried’s state of mind throughout the arc of his exchange.

“It almost feels necessary to hear directly from him in order to counteract this mountain of evidence,” Rachel Maimin, a partner at Lowenstein Sandler LLP, told Decrypt. “Most [legal] decisions are made by lawyers,” but testifying is not one of them.

While attorneys may caution against it, the decision to testify ultimately lies with the defendant. Bankman-Fried may have a “human urge” to speak following his inner circle, Maimin noted. However, she said, “There’s no question that, if he were to testify, it would be brutal.”

The government could pepper Bankman-Fried with questions for hours during cross-examination, hurting his hopes with the jury if things go poorly, she said. Additionally, prosecutors could submit more evidence that they wouldn’t be able to otherwise.

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Author: André Beganski

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