Silence is not “evidence” except with His Arrogance and Eric “The Corrupt” Holder or other supporters of communism.
Tell that to Scalia, Thomas and Alito.
You do realize that you are in agreement with Breyer, Sotomayor, Kagan and Ginsberg?
Now, where in the text of the Fifth Amendment does it say that the judge could not allow the jury to hear about his callous silence as an indicator of his state of mind at the time of the accident?