J-111 Ladies and gentlemen, counsel, in their closing arguments have commented upon the evidence. And in so doing, they have depended upon their individual recollection of the evidence. However, it is your collective recollection which controls when you deliberate upon what is fact and what is not fact. If your recollection differs in any way from the recollection of counsel, and I hasten to add the Court. If I should refer to the facts and …showed first 75 words of 265 total…

…showed last 75 words of 265 total…witnessing an occurance or an incident may see or hear it happen differently. Also, it is not uncommon for witnesses to be mistaken in his or her recollection of how something happened. If you cannot reconcile a conflict in the testimony, it is up to you to decide which testimony, if any to believe and which to reject as untrue or inaccurate. In making this decision consider whether the conflict involves a matter of importance .