Jury instructions for Dana Chandler retrial reveal jury’s burden

TOPEKA, Kan. (WIBW) - Ever wonder what a judge instructs the jury to do during a trial? Here’s a look into the jury instructions for Dana Chandler’s most recent trial.

Instruction No. 1: “It is my duty to instruct you in the law that applies to this case, and it is your duty to consider and follow all of the instructions. You must decide the case by applying these instructions to the facts as you find them.”
Instruction No. 2: “In your fact finding you should consider and weigh everything admitted into evidence. This includes testimony of witnesses, admissions or stipulations of the parties, and any admitted exhibits. You must disregard any testimony or exhibit which I did not admit into evidence.
Instruction No. 3: “At times during the trial, I have ruled upon the admissibility of evidence. You must not concern yourself with the reasons for these rulings. I have not meant to indicate any opinion as to what your verdict should be by any ruling that I have made or anything that I have said or done.”
Instruction No. 4: “Statements, arguments, and remarks of counsel are intended to help you in understanding the evidence and in applying the law, but they are not evidence. If any statements are made that are not supported by evidence, they should be disregarded.”
Instruction No. 5: “Your only concern, in this case, is determining if Dana Chandler is guilty or not guilty. The disposition of the case thereafter is a matter for determination by the Court.”
Instruction No. 6: “Ordinarily, a person intends all of the usual consequences of her voluntary acts. This interference may be considered by you along with all the other evidence in this case. You may accept or reject it in determining whether the State has met its burden to prove the required criminal intent of Dana Chandler. This burden never shifts to Dana Chandler.”
Instruction No. 7: “The State has the burden to prove Dana Chandler is guilty beyond a reasonable doubt. Dana Chandler is not required to prove she is not guilty. You must presume that she is not guilty. The test you must use in determining whether Dana Chandler is guilty or not guilty is this: If you have a reasonable doubt as to the truth of any of the claims required to be proved by the State, you must find Dana Chandler not guilty. If you have no reasonable doubt as to the truth of each of the claims required to be proved by the State beyond a reasonable doubt, you should find Dana Chandler guilty.”
Instruction No. 8: “It is for you to determine the weight and credit to be given the testimony of each witness. You have a right to use common knowledge and experience in regard to the matter about which a witness has testified.”
Instruction No. 9: “A defendant in a criminal trial has a constitutional right not to be compelled to testify. You must not draw any interference of guilt from the fact that Dana Chandler did not testify, and you must not consider this fact in arriving at your verdict.”
Instruction No. 10: “Evidence has been admitted tending to prove that Dana Chandler committed crimes other than the present crimes charged. This evidence may be considered solely for the purpose of proving Dana Chandler’s motive and/or intent and/or identity.”
Instruction No. 11: “The law places the burden upon the State to identify Dana Chandler. The law does not require Dana Chandler to prove she has been wrongly identified. In weighing the reliability of eyewitness identification testimony, you should determine whether any of the following factors existed, and, if so, the extent to which they would affect accuracy of identification by an eyewitness. Factors you may consider are: 1) The opportunity the witness had to observe. This includes any physical condition of the witness to observe, the length of the observation, and any limitations on observation like an obstruction or poor lighting; 2) The emotional state of the witness at the time including that which might be caused by the use of a weapon or threat of violence; 3) Whether the witness had observed the defendant on earlier occasions; 4) Whether a significant amount of time elapsed between the crime charged and any later identification; 5) Whether the witness ever failed to identify the defendant(s) or made any inconsistent identification; 6) Whether there are any other circumstances that may have affected the accuracy of the eyewitness identification.”
Instruction No. 12: “Dana Chandler is charged in Count 1 with murder in the first degree. Dana Chandler pleads not guilty. To establish this charge, each of the following claims must be proved: 1) That Dana Chandler intentionally killed Karen Harkness; 2) That such killing was done with premeditation; and 3) That this act occurred on or about the 7th day of July, 2002, in Shawnee County, Kansas. Intentionally means conduct that is purposeful and willful and not accidental. Intentional includes the terms “knowing,” “willful,” “purposeful” and “on purpose.” Premeditation means to have thought the matter over beforehand, in other words, to have formed the design or intent to kill before the act. Although there is no specific time period required for premeditation, the concept of premeditation requires more than the instantaneous, intentional act of taking another’s life.”
Instruction No. 13: “Dana Chandler is charged in Count 2 with murder in the first degree. Dana Chandler pleads not guilty. To establish this charge, each of the following claims must be proved: 1) That Dana Chandler intentionally killed Michael Sisco; 2) That such killing was done with premeditation; and 3) That this act occurred on or about the 7th day of July, 2002, in Shawnee County, Kansas. Intentionally means conduct that is purposeful and willful and not accidental. Intentional includes the terms “knowing,” “willful,” “purposeful” and “on purpose.” Premeditation means to have thought the matter over beforehand, in other words, to have formed the design or intent to kill before the act. Although there is no specific time period required for premeditation, the concept of premeditation requires more than the instantaneous, intentional act of taking another’s life.”
Instruction No. 14: “Each crime charged against Dana Chandler is a separate and distinct offense. You must decide each charge separately on the evidence and law applicable to it, uninfluenced by your decision as to any other charge. Dana Chandler may be convicted or acquitted on any or all of the offenses charged. Your finding as to each crime charged must be stated in a verdict form signed by the Presiding Juror.”
Instruction No. 15: “When you retire to the jury room you will first select one of your members as the Presiding Juror. The person selected will preside over your deliberations, will speak for the jury in Court, and will sign the verdict upon which you agree. Your verdict must be founded entirely upon the evidence admitted and the law as given in these instructions. Your agreement upon a verdict must be unanimous.”

A mistrial was declared for Chandler’s first trial after prosecutor Jacquie Spradling was found to have carried out prosecutorial misconduct. The August 2022 retrial, which the jury instructions come from, ended with a hung jury.

On Thursday, Sept. 22, a motion was filed in court to retry Dana Chandler a third time for the 2002 murders of Mike Sisco and Karen Harkness - her ex husband and his fiance.