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LETTER FROM THE EDITOR
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In the 1961 MLB season, when Roger Maris was on course to hit 61 home runs to beat Babe Ruth’s long-standing record of 60, how many times was he intentionally walked?
Sorry, trick question. 0. Maris batted third and Mickey Mantle batted clean-up. Mantle had 54 dingers in 1961. You don’t intentionally walk a home run hitter to get to a home run hitter.
The greatest trial lawyer of his time, maybe of any time, Clarence Darrow. How many times did he say “Ladies and gentlemen of the jury . . . ?”
Yeah, you guessed it, trick question. 0. Women did not sit on juries when Darrow practiced. Darrow addressed juries as “Gentlemen of the jury . . . “
During my career I used “Ladies and gentlemen,” which, I now know, demonstrates my age and insensitivity. That phrase pre- supposes that gender is a binary thing and ignores folks who prefer pronouns other than he or she. So the proper phrase in this day and age is “Members of the jury . . . “
Whatever. It is our job to speak to juries. To reach juries. To predict what will reach them.
I’m writing this in mid-May. Michael Cohen is in the midst of his cross-examination in the first ever criminal trial of a former U.S. President. By the time you read this, presumably, there will be a verdict. We will know what the jury makes of all of it. But here I am in mid-May and the jury is still out.
But that doesn’t stop the constant drip of predictions. You can’t turn on the news these days without seeing some jury consul- tant or lawyer offer an opinion on what the jury thinks about whether the former President has his eyes open as the evidence comes in.
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I guess I get it. News outlets need content. So they put people on the air who have not met the actual jurors and who have not directly observed the actual evidence to predict the jury’s reaction.
Give me a break.
I used to think I could predict. In my first ever first chair trial I predicted that one particular member of our twelve-person panel would be selected as foreman. I predicted he would bring the other jurors around.
The jury was out for nearly eight hours, a long time for a three-day burglary trial. But there was my guy, sitting as foreman. Yes! I was right! He was smiling at me. Jurors only make