Juror research

Julie Kay examines the new trend of investigating jurors here.

In last year's federal terrorism case against once-suspected "dirty bomber" Jose Padilla, a team of defense lawyers were sitting at a back table in the Miami federal courtroom with their laptops searching online all the jurors when they discovered one had lied on her jury questionnaire.
The woman, a Miami-area government employee who has not been identified, said she had no personal experience in the criminal system.
It turned out she was currently under investigation for malfeasance, according to Linda Moreno, a Tampa, Fla., solo trial lawyer who served as a jury consultant for one of Padilla's co-defendants. After the judge was informed, she dismissed the juror. See U.S. v. Hassoun, No. 0:04cr60001 (S.D. Fla.).
The Miami case was not unusual. As more and more information on people becomes available on the Internet, through posting on personal blogs, MySpace, Facebook and other social networking Web sites, the Internet has, in the last few years, become an important tool for jury consultants and trial lawyers.
Jury consultants say such sites are a treasure trove of information about potential and seated jurors that can be used in picking the right jurors, bouncing potential jurors and even influencing jurors through the trial and in closing arguments.
To mine the gold, jury consultants have begun turning to private investigators, some of whom have started niche businesses offering Internet jury research and "personality profiling" of jurors.
"If it's within the law, with peoples' lives at stake and millions and millions of dollars at stake, people will do whatever it takes to win a case," said Marshall Hennington, a Beverly Hills, Calif., jury consultant at Hennington & Associates. "The stakes are getting higher and higher, and it's becoming increasingly difficult to persuade jurors that have strong biases ... so we need information ahead of time. Everything is fair game."

One lawyer suggests it may be unethical to research jurors on the internet. I don't see the argument at all. Thoughts?

Jimmy Johnson in Court...

...for jury selection.

Judge King cut him loose -- after figuring out who he was:

A third fellow stepped forward and said his name was James Johnson. He knew the importance of jury duty, he said, but he had a special houseguest and, please, if he wasn't really needed, could he be excused?

Besides, he said, he'd been a defendant in a few minor civil suits, so maybe the lawyers wouldn't want him anyway.

'I said, `What's your business?' '' King recalls. Fox Sports analyst, he said.
King looked at him funny. ''Did you coach?'' ``Yes.''
''Where?'' King asked. Miami Dolphins, Dallas Cowboys, University of Miami, Oklahoma State. He rattled off others -- Iowa State, Wichita State.

''That's enough,'' said King as folks in the courtroom laughed. By then, the judge realized it was Jimmy Johnson.

King, 79, joked about his lousy hearing and wisecracked: ``Now I've proven that I can't see very well, either. I should have recognized you.''

Johnson, 63, an Islamorada resident, told King his houseguest was Bill Parcells, who recently retired as Dallas head coach. He planned to take the Big Tuna fishing.

King excused Johnson, but not before asking him to predict the Gators' record for next season.
Johnson recalls that exchange. 'I said, `I have no idea. I'm the worst in the world at picking games.' ''

King may not have recognized him, but others did. As Johnson sat on the courthouse steps at 7:30 a.m., waiting for the building to open, he got waves from passersby and requests for autographs.

Assistant U.S. Attorney Ben Daniel, assistant federal public defender Hector Flores and Key West attorney Charles Milligan say Johnson appeared smaller than on TV. Daniel: ''A very humble guy.'' Flores: ''Very charming.'' Milligan: ''Didn't have his hair as bouffant-ed up.'' Defense lawyer Albert Levin got an autograph.

Coincidentally, Johnson received a summons for state jury duty in Marathon that same day. He was excused from that, too -- after the feds called on his behalf to say he had already reported in Key West.

King says he had no problem putting Johnson on waivers. ``We accommodate people.''

Picking a jury in federal court

This week, lawyers have begun jury selection in the Kenneth Wilk case. The Sun-Sentinel has coverage here. And jury selection started and was completed yesterday in the baseball smuggling case in Key West. The Miami Herald covers that story here. On the 16th, the Padilla trial gets up and running with voir dire.

Jury selection in Padilla and Wilk will take days, which is not the norm in federal court. Typically, as was the case in the Keys, jury selection in federal court lasts less than a day and sometimes less than a half a day. Lawyers are lucky to get 15 minutes a side to conduct voir dire.

Thoughts?