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Joined: 03/08/2006 Posts: 6979
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I like the order they are handling it

There are all different theories on framing cases, I also think the rule that you have the rapt attention of your jury at the start and end of the trial warrants them doing it the way they did. They also brilliantly timed the end of the weekend/first witnesses Monday. Again, you want to leave them with a good witness to stew over the whole weekend. It is good lawyering to figure out the timing of a trial that lasts more than a week to give the jury strong testimony on Friday and Monday.

I think the way they are doing it is best: start with the incident itself and victim, get into the police procedure, and I assume end with the medical/cause of death.

If you are outlining the prosecution and dividing it into those three parts, I think that is the only way to break it down. If there is a fourth part, I am missing it. MAYBE you save one of the powerful eye witnesses for the very last witness just to tie it all in a bow, but I think it would still be out of place. My cynical self, it also seems like pandering a little bit. After 4 or 5 crying eye witnesses, you may get a juror or two who thinks they are being manipulated. People are cynical.

We will see, but I bet they have a very powerful witness saved for last. I don't think they will save a medical examiner or expert for the last witness, unless their testimony is a slam dunk. I'm expecting those witnesses to get the longest cross exam from Defense. But it would seem out of order to do anything else, unless they have saved an officer to testify last.

Jurors fall asleep all the time, even ones who are actually interested in what is going on. One judge I work with, if he catches that happening wont call them out and embarrass them, but asks them to "stretch their legs" and stand for a few minutes. I was trying one a long time ago and one of the jurors was OUT, snoring. All of the jurors looked back at him and one shook him awake, I just said "that good, huh?". Jury duty is rough.

(In response to this post by bufffantheman)

Posted: 04/07/2021 at 1:19PM


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Current Thread:
  Defense did well yesterday -- JeffGerardi 04/07/2021 10:38AM
  Nelson has a plan -- bufffantheman 04/07/2021 12:16PM
  Cross is meant for leading questions -- JeffGerardi 04/07/2021 3:22PM
  That seems to be something Nelson has done well -- bufffantheman 04/07/2021 4:43PM
  Re: Cross is meant for leading questions -- Gateway 04/07/2021 4:02PM
  I like the order they are handling it -- JeffGerardi 04/07/2021 1:19PM
  I think there will be something like that -- JeffGerardi 04/07/2021 3:15PM
  Another question regarding evidence -- bufffantheman 04/07/2021 1:35PM
  Test is Prejudicial v. Probative/Link -- JeffGerardi 04/07/2021 1:50PM
  Thanks ** -- bufffantheman 04/07/2021 3:19PM
  Thank you for your thoughts -- bufffantheman 04/07/2021 1:25PM
  That was great reading. Thank you for your analysis. ** -- WinningLeadership 04/07/2021 11:35AM
  Fair question. The answer is in the obvious. -- WinningLeadership 04/07/2021 11:40AM
  19 prior incidents might be a place to start? ** -- Sam Spade Likes This Post 04/07/2021 08:10AM
  Ding, ding, ding. ☝️💯🎯 ** -- WinningLeadership 04/07/2021 11:43AM