Some days in court are humorous, some days are frustrating and many days are confusing.
Watch enough jury trials and you learn this lesson: Never assume anything, which, of course, is a pretty good general life rule.
Having observed dozens of trials over the course of the past 17 years, there are no guarantees.
One simple suggestion for judges to consider might help the process. At the beginning of a trial, if a judge reminded jurors to pay attention that might help. The most common question juries come back with during deliberations seems to be some variation of this: Can we have some portion of testimony re-read?
No.
Although there is a stenographer present for all trials, rules of court do not allow juries to hear testimony a second time, regardless of how long or complicated a trial is.
Another common question involves asking for testimony that wasn’t presented. Example: Can we find out where the defendant was when the bank was robbed?
No. The defense didn’t present any testimony so that shall remain a mystery. And a defendant’s decision not to testify cannot be used against him/her. (That, however, is where common sense just might become a part of the process. While a defendant is presumed innocent and is not required to take the stand, there are cases where the reason for that decision is pretty darn obvious.)
Sometimes defendants choose not to testify primarily to keep their prior criminal record from being presented by prosecutors. Of course, just because someone has committed previous crimes doesn’t mean he is automatically guilty of a new charge.
And then there are verdicts that just make little or no sense.
Not too long ago, a jury found an alleged convenience store robber guilty of theft, but not of robbery. So the jurors apparently believed that he did leave the store with $243 but that it was just sitting there in the cash register and the clerk allowed him to grab it. Or something like that.
Years ago, Lebanon defense attorney Robert Keys conceded in his closing statement to a jury that his client did, in fact, possess drugs and drug paraphernalia but that his client was not guilty of the much more serious crime of possession of drugs with intent to deliver, which could have landed him in state prison. The jury’s verdict? Not guilty on all charges.
You just never know.
HOOPS NOTES: Just a couple basketball notes before we leave. None of our top senior boys have made college decisions yet. Most colleges have a deadline of May 1. … The seventh annual Sweep the Streets tournament will be held Aug. 2-3 in Lebanon. Contact George Gzo Rodriguez at 222-9835 for details. A women’s tournament is set July 26.
Follow along on Twitter @sesnyderleb.