MIAMI — What is needed to convict or acquit? That is what is at stake as both sides of the George Pino trial fight to get key phrasing included in jury instructions -- which must explain which laws apply and the burden of proof.

Both sides made arguments about key phrases, down to individual words, they want the jury to have in front of them when they head into deliberations following Monday’s conclusion of closing arguments.

The voice of defendant George Pino joined the courtroom by Zoom on Thursday to address a critical question — whether he wanted a lesser included offense presented to the jury for consideration.

“The misdemeanor you were previously charged with,” defense attorney Srebnick Howard began.

“Do you continue to decline the lesser included offense instruction?” Srebnick asked.

“Yes I do,” Pino replied.

The hearing centered on preparing jury instructions in the manslaughter and vessel homicide case against the 55-year-old real estate mogul, in connection with the 2022 boating incident which killed 17-year-old Lucy Fernandez.

“It is the state’s burden to prove ― not us,” Srebnick said.

“This instruction comes straight from statute,” prosecutor Laura Adams said.

Arguments also touched on causation.

“The changing course did not cause her death,” Srebnick said.

“I can’t charge the water for causing her death,” Adams responded.

The judge pushed back, asking: “If there was no change of course there would be no allision?” ― to which she received confirmation.

Jury instructions serve as a road map for the jurors once they head into deliberations and the words in those instructions, the judge said, should focus them on clear statements of the law to guide their deliberations as they weigh the evidence presented at trial.

But what words are a pathway to clarifying a legal concept — as opposed to being confusing or even misleading — can be up for interpretation, which is why the state and defense spent the afternoon litigating specific phrasing.

“What are the acts…” Srebnick began at one point.

“I am not saying that,” Adams shot back.

The defendant was not in the courtroom. His attorney noted: “This is the crux of the case” and “a fundamental part of the proceeding,” adding, “I am sure he would rely on us without a doubt.”

Thursday’s hearing is crucial. The judge said she will check in with Pino on Monday morning ahead of the start of closing arguments.

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