The Trial: Day 8 (May 14th)

Day 8

This was an incredible day. Very different than usual, and much more substantial than any other day has been. We arrived at 8:30, but there was a huge accident on the 405 that forced a large number of the jurors to be late. So we started around 9:10, but the court was actually ready to go by 8:30, believe it or not.

Today we had the other detective on the stand, and he was on the stand all day. What was very different today was that the defense attorney for the main defendant, who is usually very good and terse with his questioning, was off; there were lots of objections, and he really didn't seem to be arguing his client's case well. Then the defense attorney for our defendant got up and did a lengthy, brilliant cross examination. It was not only engaging, but exposed a lot of holes in the overall search for the murder weapon, and was very well researched and thought out. Almost all of the objections that were made about his testimony were correctly overruled. This is the opposite of what usually happens. I actually enjoyed it very much; it seemed like perfect cross examination.

We then took an extended lunch, and then something happened that we had been told was going to happen at the beginning of the trial; we got to sit in the courtroom alone with our defendant only, while the other jury was sent home. And what we got to hear that both the other jury and the other defendant didn't get to hear was extraordinary.

Our defendant basically called the detectives from jail and admitted to what had really happened that night. To put this in perspective, we have heard phone conversations between the two in which they seem to be conspiring together to hide things and to create alibis. We also heard our defendant talking about how he didn't want to be a snitch and how he hoped no one else would be. Then, we get an hour and a half conversation between our defendant and the detectives, in which he eventually explains that he was just saying stuff to the other defendant to make it seem like he was in cahoots with him, but really didn't want to have anything to do with him. Personally, I was always confused as to why our defendant would want to be friends with the other defendant; there's a twenty year age difference between them, and they don't have any friends in common that I can tell.

But the most stunning thing about the conversation to me was when our defendant started breaking down and admitting that he wanted to just forget the whole thing, and that he had been really scared and wasn't sure of what really happened, but had actually been trying to help the victim. It was very emotional, and you could tell the detectives felt the same way. I also looked over at our defendant when he was listening to this part of the conversation, and he had his head in his hands. Believe me, this guy isn't an actor. It was a stunning and, at least for me, case-changing moment. It'll be VERY interesting to hear the testimony regarding this, as we actually got let out late today because of how long the conversation was. But believe me, no one wanted to leave. It was just too important. So this was a pretty incredible day; easily my favorite so far.

Random Notes

I only got about three hours of sleep last night, and ended up not only getting two cups of coffee, but inspired about five other jurors to join me in getting the second cup. There was a great group of coffee drinkers sitting outside the courtroom today.

I had forgotten how long the line is to get into the courthouse at 8 in the morning. There was literally a line of over a hundred people in the main lobby waiting to go through the metal detector, and for reasons unknown, no one was moving forward. When I showed up, they saw my badge, and instantly let me through. I felt like a VIP.

Continuing with the coffee theme, check out the pricing scheme at the cafeteria. Small cup of coffee: 1 dollar. Large cup of coffee (about double the size of the small cup): a buck twenty five. Pack of gum (any gum): a buck fifty.

When we were alone in the courtroom today i.e. not with the other jury, things suddenly became way more casual. We were asked direct questions by the judge, the lawyers were more talkative in general, and the bailiff was engaged. It almost made me wish we only had one jury and one defendant.

I rode up in the elevator today with one of the detectives from the case. I'm not supposed to speak with any of the lawyers or witnesses until the case is done. But it was just him and I, and he mentioned how long the line downstairs was to me. I said something like "Yeah I know" good-naturedly, and we didn't say anything more. I feel like I violated some sort of rule, even though all we did was exchange small talk. This is what being under oath to not talk about anything related to the trial does to you; it makes you paranoid about making small talk.