View from the Counsel Table

The last jury trial I tried was in March of 2020, less than two weeks later we would be shut down and the courts closed to the public for practically eighteen months. But then towards the end of July of 2021 we were once open again for business. 



After a couple of weeks of false starts, I was back in the saddle the first week in August. When you are a trial attorney there is always a certain amount of anxiety and excitement that goes with trying a case. Even after 30 years it doesn’t go away and being on the sideline for the last year and a half made me feel like a young attorney again.

It had been so long since I’ve had to wear the trial armor, I needed to go onto YouTube just to remember how to tie a tie.

But from the minute the jury panel walked in the courtroom I could tell things were not like they use to be. They did not want to be here. The overall panel was also on the older side. Of the twenty jurors who made up the panel, only four were under the age of 40 and the majority was older than 50. 

 In a criminal jury trial, the prosecution always goes first. I felt sorry for the prosecutor because getting a response from this jury panel was like pulling teeth. Somehow even opened ended questions were answered with a simple yes or no.

Once it was my turn to question the I started by trying to liven up the crowd with an oldie but goodie. I let them know that the people who talk the least often end up on the final jury. That usually creates somewhat of a buzz, but this time I just got a look of “who cares.”

I even tried to talk about how long it had been since I’d been in trial by talking about how my family was ready to have me out of the house since they were the only ones I could practice my cross examinations on.  I said “No one is happier than my granddaughter. “Who took that candy bar from the pantry?” and her response was, “I want my lawyer.” And at that point I responded back, “That’s my girl.”

This too fell on deaf ears as crickets could be heard. 

When the final jurors' names were selected you could hear an audible groan come from at least two of the jury members seated.

Once the trial started it was like riding a bike, slowly but surely, it felt like old times. In the end the jury came back with a Not Guilty after about an hour and one half of deliberation. No questions, they didn’t review any of the evidence and they didn’t want to speak with either side after the trial was finished. Usually, the jury will have questions or at least want to tell how they reached their decision. Not this time, and this was a case that had some publicity when it happened in April of 2019. If you are interested Google “Woman pepper sprays mother and child.”

My gut feeling was the jury felt as if this case was a waste of their time for the risks that they took by having to appear in a public place with COVID-19 Delta on the rise.

I scheduled for trial again later this month, that is, if we are not shut down again.