CNN
 — 

Because the second week of the federal gun trial in opposition to Hunter Biden begins Monday, the primary query looming over the day’s proceedings is whether or not the protection will name the president’s son to testify, a big gamble in nearly any trial.

“We’re right down to that final determination,” protection lawyer Abbe Lowell informed the decide Friday.

Biden has been charged with three counts associated to his buy of a snubnosed revolver in 2018, which prosecutors say violated federal legislation as a result of he was hooked on crack cocaine on the time. He has pleaded not responsible.

Protection attorneys have centered on the month Biden bought the weapon, arguing that there isn’t any direct proof he was utilizing medicine then. Prosecutors, citing witness testimony, textual content messages, photos and Biden’s personal memoir, say the dependancy on the time was nicely documented and that Biden knew he was an addict.

One girl, who mentioned she met Biden on the gents’s membership the place she labored, testified she noticed him utilizing medicine in September 2018, the month earlier than the gun buy. Hallie Biden, the widow of Beau Biden who later dated his brother Hunter, informed the jury she noticed what she believed was drug residue in Hunter Biden’s truck, the place she says she discovered the pistol days after others testified he purchased the gun in October.

Hunter Biden’s daughter Naomi Biden testified on Friday, saying he seemed nicely in August 2018 and she was “hopeful” about her father’s restoration in October 2018. However on cross examination, prosecutors launched texts between the 2 in late October the place Naomi wrote her father: “I’m actually sorry, dad, I can’t take this.”

“I don’t know what to say, I simply miss you a lot,” the texts mentioned.

Earlier than breaking early Friday afternoon, Lowell informed Decide Maryellen Noreika that the protection had but to determine whether or not Hunter Biden would testify — a call they’re set to announce Monday.

Lowell has beforehand mentioned that whether or not Biden noticed himself as an addict when he bought the firearm is essential to the prosecution’s case.

If Biden does testify, prosecutors say they might placed on a rebuttal case with extra witnesses, which might prolong the trial additional into the week.

Either side will then current closing statements, summarizing their view of the case whereas highlighting supporting proof.

After the decide decides how the members of the jury shall be instructed as to the legislation within the case — and what they need to discover to render a verdict — she’s going to learn these directions and the 12 Delaware residents will start deliberations.

There’s no set time for the way lengthy a jury can deliberate, and any determination have to be unanimous. If the jury is unable to achieve a call over every of the fees, a mistrial may very well be declared by the decide.

If the jurors attain a verdict, the foreperson they chose will learn the decision aloud within the courtroom.