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Monday, September 20, 2010
Courts - Jury issues in major criminal trials
I read this NY Times "Reporter's Notebook" story Sunday by William Glaberson, headed "In Court, Echoes and Ghosts," about a the nationally-reported jury trial now going on in Connecticut and indeed it did bring back images from earlier horrific cases, such as "In Cold Blood."
This entry from How Appealing yesterday collected together several stories on the trial, including this one from the New Haven Register headlined "Trouble in the jury box: Jurors quitting may put Hayes case at risk." The story begins:
On “Law & Order,” the prosecutor makes grand statements, jurors hang on every word and trials are wrapped up in 45 minutes.In real life, even in high-drama cases like the Cheshire triple-homicide trial, it’s not that simple or exciting. When juror John Lively was excused last week after complaining about the way the prosecution was proceeding, the so-called “TV effect” may have contributed.
New Haven criminal defense attorney William F. Dow III said Lively might have anticipated “Law & Order” going in, if you take Lively’s comments at face value.
“One of the messages here is that real trials are not like scripted TV — they are detailed, intense, exciting in one moment and boring in the next,” Dow said.
The loss of Lively and three other jurors in the first two days of the triple-homicide trial of Steven J. Hayes may have a more ominous impact. Some in the legal community are anxious about a potential mistrial.
At the outset of the proceedings on Monday, Superior Court Judge Jon C. Blue excused three of the 19 jurors from serving, leaving 12 regulars and four alternates. One panelist said she had heard too much about the case; a second said her work obligations had changed; and a third said, “I don’t think I want to go through” a trial.
Then on Tuesday, Lively of New Haven’s Westville neighborhood, was dismissed after he criticized the way the prosecution was presenting its case. One selected juror was excused prior to the start of the trial.
The panel is now down to 12 regular members and three alternates for a trial estimated to last up to three months. Hayes potentially faces the death penalty. Under state law he is entitled to a trial with 12 jurors, and would have to consent to the jury being any smaller.
Posted by Marcia Oddi on September 20, 2010 11:22 AM
Posted to Courts in general