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An Attorney's First Criminal Trial
The facts are simple. Somebody pulled in front of a semitrailer, and a little girl has died. Clearly this "somebody" deserves to go down, and I am just the guy to make it happen. The guy's probably a dirtbag anyway. I soon learn, however, that things aren't always that simple. Remember, I'm ready! Here we go. And here comes my "dream case"? Everything that I could hope for? Well, not exactly. Let me see if I can set the stage for you a little bit. I have changed the names and circumstances to protect the innocent. At least that's what they used to say on Dragnet.
Setting the Stage Some kids had been riding motorcycles near the roadway, and one of the girls, little Jenny, was injured. She broke her arm and needed to go to the hospital. So Madge, in her good-Samaritan fashion, told the kids to load the injured girl into the back of her van. Then, in her haste, Madge pulled out into traffic and her car was immediately struck by a big truck. Jenny was killed instantly. The county attorney's office decided to prosecute Madge for careless driving, a misdemeanor that probably would result in a fine if she is convicted. In all fairness to the office, a girl has been killed and this woman probably should have looked. Even more important, the law shouldn't differentiate because of a defendant's age or because we like the person. Instead, we allow juries to do that.
Battling Nerves on Day One of the Trial I'm sweating a little, and I'm trying to clear my mind and gather my thoughts, a clear contradiction except for someone preparing for his first criminal jury trial. The courtroom is smaller than the ones you see on TV and a little more worn and battered. The counsel tables--Formica tops with faux wood finish--shine from the overhead florescent lights. The rug is discolored and stained from too much wear. I try to focus. In the middle of this preparation, a small, gray-haired, rather tired and very sad old woman--Madge--sort of shuffles her way into the courtroom with the help of her daughter. Madge stands about 4 feet 2 inches, with a certain slouch that can only be achieved through years of living. Dream case? Madge's attorney helps her to her seat before jury selection and the trial. To add to the scene, Madge was also injured during the accident. She cut her head pretty badly and has a large scar that is still blue and purple and kind of dented in directly over her eyes. She is wearing black and gray in a way that only a grandmother can wear it. She looks at me and ... smiles. Nods really, just as your grandma might pat your hand to placate any fears that you have. Getting the picture? Oh yeah, she's goin' down! I must keep this danger to society off the streets. Who knows? If not, she'll be doing armed robberies by the end of the week!
Going Up Against a ... Difficult Attorney Madge's attorney, we'll call him Johnny, already has a reputation around the office and the courtroom and the courthouse and the county as being--how does one put this?--difficult. He is one of those guys who truly thinks that he is the most effective by being distasteful, crude, rude and condescending. And arrogant? You have no idea. Now, if Johnny were only a pain in the rear, I suspect that this in itself would not really be a problem. Instead, Johnny is also a very accomplished, experienced and effective trial lawyer. He has been around for the last several decades and knows how to work the judge, the defendant, the jury and even me. Exciting, huh? Yeah, I'm getting pumped back up just thinking about it. Johnny is tall, has closely cropped silver hair and comes across as casual in appearance to the jury. Johnny is really able to hide the arrogance that I see in him outside the courtroom. Oh sure, he is still outlandish and cocky. But not as irritating. Well, to be honest, I still think that he is irritating as hell.
Picking a Jury We take a short break. Thank goodness. I consider doing jumping jacks out in the hallway but decide against it. Instead, I pick a novel approach. I focus on the evidence and what I'm going to say. Remember, this is my first jury trial.
Making Opening Remarks ... I get through my opening argument, barely. I'm doing my best and trying to fulfill my obligations as a prosecutor--but for heaven's sake, this is ridiculous. The jury is hardening. Next, Johnny oozes his way to center stage and chats with the jury like some favorite uncle who comes at Christmastime with a pocketful of quarters for the kids. The jury listens intently, and amidst the jingling of pocket change and Madge wailing in the distance, I can almost hear the crackling of flames as my legal career goes up in smoke. This never happens on Perry Mason!
Questioning Witnesses But it is not to be. My trucker, while he may be a good trucker, is not a good witness. Even though he knows the answers, he hems and haws and vacillates so much that by the time he states that Madge pulled out in front of him, the jury has no idea what to believe. Johnny smiles. Then old Johnny pulls himself up and proceeds to tear my trucker apart. Johnny's a fast talker, all right, and by the time he finishes, my trucker would probably be willing to agree that he is Monica Lewinsky's dressmaker. Most important, by the time Johnny is through, my trucker doesn't know how fast he was driving, what direction he was going, what he was driving or what his name is. I guess you get the picture.
Losing the Case--At Home and in the Courtroom The next morning, I finish up with a very competent expert witness who reconstructs the accident. He does moderately well. So I rest my case. I am reasonably pleased and look at the jury with my best "You now have all the facts--just make the right decision" look. They ignore me.
Watching a Master at Work Oftentimes, when both sides have experts, neither side talks like normal human beings. They both use their voodoo magic to explain things that normal people will never understand. The jury likes Johnny's hired gun. They like Johnny. They like Madge. I, on the other hand, don't expect to receive any Thanksgiving invitations from this group. Johnny rests with just this one witness. I'm a pretty smart guy, or at least my mom always said I was, but I'm starting to wonder. Closing arguments go pretty much as I expect. Soon after I begin, Madge, good old Madge, starts her crying again, and any effectiveness that I have is now lost on the jury. No matter what I say, I am forever dubbed "that Nazi who wants to put old defenseless women in jail."
Learning About Real Life vs. By the way, the jury took three hours to come back with a not-guilty verdict. To be honest, I expected them back in about 15 minutes. Under the circumstances, I'm not sure if I won or lost. Madge got to go home.
Keep Up with Criminal Justice News Stay abreast of criminal law developments with the Criminal Justice News database (CJNEWS) on Westlaw. Updated frequently, the database contains articles from newspapers, magazines, journals, newsletters, transcripts and wires from Dow Jones & Co. The database draws articles from a variety of criminal justice publications, including Corrections Today, Criminal Justice & Behavior and Criminal Justice Ethics. To see a list of other criminal justice databases--everything from state and federal cases, jury instructions and sentencing guidelines to notable criminal trials and news and information--look under Topical Materials by Area of Practice in the Westlaw Directory. From there choose Criminal Justice. By the way, notable trials databases on Westlaw include the following:
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This is my big chance! I am an assistant county attorney. A criminal prosecutor. And this is my first jury trial. I am going to put some criminal behind bars and justify all my mental and financial contortions to graduate from law school, including the lost sleep and TV time.
Well, the judge finally comes into the courtroom--"All rise!"--and we begin jury selection. Because the gods in the sky that hand out cases gave me such a tough-to-convict defendant, you'd think they might help me by giving me a less-than-stellar attorney. Yeah, right. Sometimes things just don't work out the way you want.
Now it is Johnny's turn. Up and walking again, Johnny puts on some high-powered accident reconstructionist who is capable of explaining it all: it is my trucker's fault, poor Madge has been unfairly accused, and, while we're at it, President Clinton is an honorable man. Johnny jingles up to the witness box, lounges by his witness and then slides over by the jurors, where he tosses a couple of coins into the jury box before sitting down. He is very good. Fast, simple and straightforward. Because our theory is different from the theory of Johnny's witness, I have a lot to say to him. After some preliminary questions, though, I sit down. "No more questions!"
