Friday, September 18, 2009

Jury Trial--One of Three

I have three jury trials set in the last seven weeks before my departure for Ukraine. This week I presided over the first of these. Interestingly, the two attorneys trying the case were both very young, having only passed the bar exam in October of 2008. (Pictured here, left to right, are my in-court clerk, Ms. A for the defense, me in my robe and Mr. B for the prosecution). It was Ms. A's very first jury trial, and the second or third for Mr. B. They were both outstanding, particularly in opening and closing. Ms. A showed a great deal of poise and equanimity during the trial. Mr. B was brilliant in cross-examination and in closing. It was a delight to watch these two outstanding lawyers at the very commencement of their careers, and reminded me of my previous work with so many capable and bright Ukrainian law students.

The case involved nine charges, including terroristic threat, disorderly conduct, open container and driving under the influence. The 20-member jury pool was a fascinating mix, including a reporter from a local newspaper, an elderly woman who makes wooden toys with her husband (and is called "Mrs. Claus"), a 42 year veteran of the police force, a retired prosecutor and judge, a rocket scientist and a baseball coach and (coincidentally) one of his former star players. Voir dire took a couple of hours, including about six in-camera discussions. The prosecution put on three witnesses--all law enforcement officers--and the defense put on her client.

The jury deliberated a couple of hours and returned guilty verdicts on eight counts, and an acquittal on the terroristic threat charge.

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