Intermezzo
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For what it's worth, I have been a jury member 9 times over the last 20 years as well as foreperson for 3 of those trials. There is something so very innate about the attorneys for both sides of this particular case as well as a definitive uniqueness with each of the key players/witnesses/family members that no amount of "coaching" will change. Trust me, the jury will see through everything and be able to call a spade a spade and sort through all the madness, and it won't take them very long to assign a "likeability" factor.
Although the "evidence" was always first and foremost in importance during deliberations, what was always common during each of the deliberations as to what could/would sway a particular juror was:
1) the "likeability" factor (instantaneous, i.e. "You had me at "Hello..." type
of thing)
2) believability" factor (determined very early on in a given case)
3) "actions speak louder than words" factor, (ongoing)
4) "delivery" (or lack thereof) by the attorneys, (ongoing)
5) "professionalism" (or lack thereof), (instantaneous)
6) the "tone", (instantaneous)
7) "preparedness", (instantaneous)
8) "You're wasting our time" factor....(instantaneous AND key!!!!!!)
9) all the little nuances that we discuss here on websleuths (and then some)
All of the above (and then some) will be seen AND discussed by jury members. If a jury member misses something of particular importance/significance during the trial, I can assure you that another jury member WILL remember and share with the others.
There will be those jury members who will be opinionated, stubborn, and disagree simply to disagree, but there are also those who will be fair, open minded and agree to consider others beliefs/opinions. Deliberation time is a very challenging meeting of the minds to say the least, but it has been my experience that the right decision was always reached, regardless of how an attorney/defendant/family member/witness acted/behaved/dressed, etc. during the course of the trial.
As far as the prosecution team, I have no advice for you other than to "Carry on..." As I see it, and in my unsolicited opinion, you have absolutely nothing to worry about. The jury will "get it" rather quickly when this trial begins.
As far as the defense team, due to my past juror service, I'm "convinced" that you will (unintentionally, of course) insult the jury's intelligence with your current theories/explanations/insinuations/innuendos for the obvious, and you will lose the "majority" of the jurors very early on in this trial. The others will follow along shortly. Once a juror "checks out" from one side and relates more to the opposing side, it is unlikely that you will be able to get them to change their mind. I'm afraid that your current strategy/approach is not working, will not fly with the jury, and your client will be found guilty.
A BIG :gthanks: for you wonderful and informative post
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