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guilty. That, I understand.
COURT Which part is it that you don’t understand?
CARNES Well, I thought I understood everything.
COURT Well, I told you that he is not required to prove his
innocence.
CARNES Then I guess that means his attorney will have to
prove that he is not guilty? He doesn’t have to prove
his innocence then—is that what you’re saying—
since he’s innocent until proven guilty?
COURT Let me start over. I told you that the fact that he has
been charged with an offense is not evidence of his
guilt. You can’t consider it as evidence of his guilt.
I told you also that he is presumed to be innocent
and is not required to prove his innocence. The State
of North Carolina, represented by Mr. Wolfe and
Ms. Brown, has the burden of proof. That burden is
to prove each element of the offense with which Mr.
Cunningham is charged beyond a reasonable doubt.
The State has to carry that burden of proof and
convince all twelve jurors beyond a reasonable doubt
of each element of the offense before the jury may
return a verdict of guilty. Mr. Cunningham is
presumed to be innocent, and that presumption stays
with him throughout the course of the trial unless
the jury finds after they go into the jury room to
deliberate that the State has carried its burden of
proof. The law also says that Mr. Cunningham does
not have to testify. He does not have to call any
witnesses on his behalf or present any evidence. He
is not required to prove his innocence. And that
you, as a juror, cannot hold that against him. Do
you understand that?
CARNES Yes.
COURT Were you confused?
CARNES Yes.
COURT I’m going to deny the challenge for cause at this
point.
MURPHY Okay. Ms. Carnes, it is not my purpose to try to
confuse you. That’s why I want you to stop me