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 your recollection differs from mine, you will be
             guided by your own recollection. You do not take the facts from counsel or from the court. You
             are the sole determiners of the facts.
             In determing the facts, you may come across conflicts in the evidence. Conflicts in the
             testimony; and if you do, you have the duty to decide which testimony to believe and except. First,
             however, you should try to reconcile or fit together any conflicts in the testimony if you can fairly do so.
             Discrepancies and conflicts between the testimony of different witnesses may or may not cause you to
             disbelieve some or all of their testimony. Remember that two or more persons 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 .
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