Bragança Law attorney and former SEC enforcement branch chief Lisa Bragança discusses whether Sam Bankman-Fried should take the stand at his trial.
The main question here is Sam Bank Man's state of mind, right? We, we know lots of things happened. The issue, the crux of this case is his state of mind. Did he have sufficient intent to be criminally liable under these counts? How would we know that? Well, there's circumstantial evidence that we can look to under the law. But here, the circumstantial evidence all looks really bad. The there's, there are other ways to put evidence in like through experts. Um and those experts might be able to put in evidence about like, well, everyone else was doing it. Um But the judge has barred that type of evidence. Um And, and so really the only way left almost, I mean, unless they, they can pull a rabbit out of a hat, the only way to really get Saman and freed state of mind across to the jury is for him to talk to the jury. And that's a nightmare because here's a guy who didn't, you know, but when all this was blowing up, he wasn't listening to his lawyers and he kept talking and even after he got indicted, he's not listening to his lawyers and he keeps talking. But how else can he get his point across? He can't introduce all the helpful statements he made previously without, you know, the unhelpful ones. I, I think this is a case where he, he is, regardless of what his lawyers tell him to do. I think he's going to take the stand and he might so enough doubt in the minds of the jurors to get an acquittal.