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Wednesday, September 26, 2007

What Will the Jury Do? [They said guilty on three counts]

[I did not go to court today. I didn't even listen to the news - I had a class this evening and didn't even think to check the news until I finished writing this last piece. But before posting it, I thought I'd check the ADN site. And my newspaper is here already - it's 3am - and it says guilty on all but the wire fraud. Well, it's over and I can go back to life as normal.]


Going through each count in the four previous posts, I realize several things:

1. I had my typed notes that I took in the court room to consult. I could go back and say, what did they say? And I could go to the ADN site and play the audio and video tapes to check. And tonight I even had the audio of the closing arguments to replay. And to hear how much I left out in my typing.
  • The jury can ask to listen to the tapes, though from the judge's comments, it doesn't sound easy. They don't have a computer with links to all the audio and video they way they are posted on the ADN site. They'll have to go back into the court room to listen.
  • The jury can check their notes, but seeing how sketchy mine were when I was typing full speed, and knowing how little note taking the jurors did, they aren't going to have much to go back to.
  • And when I did go back to my notes, they reminded me of how much I forgot.
  • But there are 12 of them, so maybe collectively they'll remember a lot more.
2. I think the that the audio and video were so powerful and such direct access to what happened, that these could trump everything said in the court room. These will stick in people's minds. Goeke even said you have unique evidence - the surveillance tapes - you the members of the jury have been able to sit in a ringside seat as they committed the crimes in the indictment. I also think of one point in the rebuttal where Marsh was emphasizing that Kott voted against the ppt bill so the higher tax rate wouldn't pass. He said something like, "He voted no, pushed the red button, nay..." and I remember seeing the red button and thinking how that image will stick in my mind more than the 'no' or 'nay.' So I think the tapes will probably be the major evidence for most people.

3. I think in the end, without good notes, their emotional response will matter. Whether they liked the attorneys, whether they liked Kott. My sense, based on how they laughed at times with the judge's jokes, is that they did like the judge. If they can figure out what he thinks, I suspect that would influence them. But he's done a great job of staying neutral and not tipping his hand.

4. And if the jury is feeling the way I do, they're going to be happy when this is over and they can get back to their normal lives.

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