"Countdown to blast off" Day 15: SHOW UP!

There is a saying, I don't know where it comes from, that says something along the lines of "no matter what, get up, dress up, show up" or something like that. I received this link this morning from a senior attorney in our office

http://www.newyorker.com/news/news-desk/why-is-it-so-easy-for-prosecutors-to-strike-black-jurors 

It is quite an interesting read and, after practicing in the South for over 5 years now, not a surprising one. What was surprising to me was my reaction to it. I was angry!

But not with the prosecutors.

One of my younger brothers, well into his 30's now, received a jury summons a few weeks ago at my mothers house. She told him about it, I told him about it, his girlfriend told him about it and then my mother told him about it again. The day for him to report for jury duty came and went. Not only did he not pick up the jury summons, but he didn't bother to show up for jury duty. How could he, he didn't know where he was supposed to go or when he was supposed to be there. And that pisses me off.

I have eagerly awaited the day I receive a jury summons in the mail. It could be the trial geek in me showing but I would LOVE to sit on a jury.* I have had 14 birth anniversaries since I turned 21 and I have yet to receive a jury summons. I have, however, sat at counsel table and looked out in the jury pool only to see that a good number of people have failed to respond to the summons. Most of them, black.

So why did this article make me mad at someone other than the prosecutors? Racist people are going to be racist. That is just the way things are until they change. But when you, Mr. Black & Mrs. Black Woman don't even bother to show up for jury duty-it's one less hurdle for the racist prosecutors to jump over in order to get their "pure" and perfect jury.

The article is interesting, the article is very real, but the actions in the article would probably be a lot less possible, if more of "us" got up, dressed up, and showed up for jury duty.

Until next time,
Be blessed, be careful, never consent and never confess.

~LT





*I would love to sit on a jury in the ideal case. The ideal case being one in which all attorney's involved actually know the rules of evidence, don't whine like babies when the judge rules against them, are civil towards one another and don't deliver opening statements or closing arguments that put you to sleep or make you want to gouge your eyes out. I'm sure that is why the Universe has not placed me on a jury yet.

Objection...ummm...ummm...

Despite my family's hope and desire, I do not ever anticipate being a judge.

Never. 

Ever. 

Ever.

Of course, I would appreciate the pomp and circumstance of "all rise" and "yes, your Honor", "no, your Honor", "may I approach", und so weiter.  Nobody stands to their feet when I walk in the room and they sure don't ask before they approach me.

Setting my own schedule? Great.

My word being the final say? A woman's dream.

Sitting high and looking low? Ok, I don't really care about that part, but you get the point.  I can imagine it is pretty great being the woman in charge in the courtroom.  However, judges do one thing I cannot imagine ever doing...sitting through an entire trial without participating.  One of my client's was the victim in a case so I sat through the trial with her as "moral support."  (Ok, so I was really there to make sure that she didn't say anything to incriminate herself in her felony case but po-tay-to, po-tah-to).  Sitting through an entire trial where I cannot ask any questions or make any objections was one of the WORST professional experiences in my life.  The most traumatic part of the trial was when the defense attorney went halfway around the world to make his FOUR WORD OBJECTION!

DA: Why do you think she would say you pushed Mrs. Defendant if you didn't?

Def. Atty.: Objection, your Honor.

Judge:  Ok, what's your objection?

Def. Atty.:  Well..ummm, she's ummm...asking him to ahhh...answer a question about what someone else ummm...thought or ahhh...was thinking...

This explanation went on for about 20 or so more words before the defense attorney decided he had sufficiently explained his objection. 

"Well, her question was improper" you're thinking.  "He did have a valid objection" you're saying.  Well grasshopper, you would be correct.  You want to know what my problem is with his bumbly objection?  Try this on for size...

OBJECTION, CALLS FOR SPECULATION.

Neat, clean and to the point.

Done and done.

Until next time,

Be blessed, be careful, don't consent and don't confess.

~LT

...and....

I attended a law school that is HUGE on advocacy.  There are more than a few students that wind up participating in trial competitions, moot court competitions or negotiation and mediation competitions.  Scholarships galore and support from the community make participating in advocacy-based programs more attractive.  If nothing else can be said, no one can dispute that Cumberland School of Law prepares you to be an effective advocate.

In addition to the general atmosphere of the law school being pro-advocacy, the coaches that the school brings in are phenomenal!  My coach taught me more than I could have ever possibly hoped to learn on my own. 
Rule #1 in trial advocacy? "Listen, listen, DAMMIT listen." 
Rule #2? "Why doesn't matter"
Rule #3? "Do NOT ask a question you don't know the answer to...unless the answer doesn't matter."

There are many more "rules" of trial advocacy and really I subscribe to the camp that you are either someone that has 'IT' or you don't.

SSSSoooooo, I said all of that to say, there is an Assistant District Attorney in our jurisdiction that does not have 'it' anywhere in her little body.  One of the things you learn early on (if you have good coaches or helpful upperclassmen that are willing to guide you in the right direction) in the process is you do not start all of your questions with "and."  As a matter-of-fact, you shouldn't start ANY of your questions with 'and.'  So as I sit in trials with her month after month, it burns that special spot on the upper-right corner of my stomach to hear her ask questions:

"...and was that during the day or at night?"

"...and did you see the defendant?"

"...and what was the defendant wearing?"

"...and can you tell us what happened when you first came into contact?"

"...and what did he say?"

"...and what did he do?"

...and...

         ...and...

                  ...and...

...aaaaannnnndddd....you get the point.  Now, imagine sitting      through hours of that.  You want to gouge your eyes out with a dirty, bent, rusty nail, don't you?

I am very, very thankful for the education, both formal and informal, that I received at Cumberland.  I wish I could send her there.  It might make sitting through trials with her a little more bearable.

Until next time,

Be blessed, be careful, don't consent and don't confess.

~LT

Newspaper Caper

So today I woke up with knots in my stomach. I spent all weekend preparing for a trial, woke up and put my pretty girl face on....then the case settles for an apology.
I know, I know. I said wtf too.
I haven't even told you the best part yet.  Ready for it? The trial, the JURY trial set for today was about a newspaper.
Close your mouth, a fly is coming. I'm serious, a newspaper. I spent 10 hours working on Sunday, I recorded and listened to my opening over and over again last night, I made our client cry...and the case settled for a freaking apology.
Sigh. I's tired. Lol

Until next time,

Be blessed, be careful, don't consent and don't confess.

~LT