Judge Kenneth Karas just resolved a lengthy debate about a jury note that asked if the panel had to find Wayne Simoes acted with a “bad or evil purpose” in the incident with Irma Marquez in order to find he willfully deprived her of her constitutional rights.

The judge told the jury that, yes, they had to find that he did. But the judge defined “bad or evil purpose” as an “intent to do something the law forbids.” Simoes’ lawyer, Andrew Quinn, wanted the judge to say “yes” and leave it tha. The prosecution asked him to define the bad and evil term – which is an actual legal phrase – for the jury. The judge agreed, saying to not define it might lead jurors to interpret it on their own.

The issue took about an hour to resolve – the jury sent out its note at 1 p.m. – because it’s connected to a central element in the charge. The jury has to find that Simoes intentionally deprived Marquez of her rights when he allegedly slammed her to he floor of La Fonda Restaurant. They also have to find that he acted under color of law and Marquez suffered injuries. There’s little debate over those two. It’s a given that Simoes was on duty as a Yonkers police officer on March 3, 2007, when he encountered Marquez at the restaurant when he and other cops responded to a report of a woman injured in a barroom brawl. There’s also no debate that Marquez suffered a broken jaw when she hit the ground at the restaurant. The jury also has o find that Simoes’ use of force against Marquez was unreasonable.

The jury has notified the judge that they intend to stay until 4 p.m. if necessary. If they don’t reach a verdict by then jurors will be back tomorrow at 9:30 a.m.