CR05-106 05/10/04

UNINDICTED OR UNCHARGED CO-CONSPIRATOR AS GOVERNMENT WITNESS

The government has called as witnesses people who are named by the prosecution as co-conspirators but who were not charged as defendants. Such witnesses are called [unindicted] [uncharged] co-conspirators.

You should evaluate their testimony with care and caution. Consider whether they have an interest in the case and whether they have a motive to testify falsely. In other words, ask yourselves whether they have a stake in the outcome of this trial. Whether to believe the testimony of an [unindicted] [uncharged] co-conspirator, and how much weight to give it, is up to you.