Tuesday, September 25, 2007

Day One Complete

I'm at the office preparing for day number two of trial. Jury selection went reasonably well today. I was able to identify a number of jurors who would be open-minded to our case and sympathetic to my client's fight with mental illness. I was able to protect these jurors from the State's strikes for cause. Moreover, since there were far more than 10 jurors with similar mental health experiences, the prosecutors were not able to strike them all. No double strikes, either! Overall, I am satisfied with the jury impaneled. It's never a perfect jury, but I'm cautiously optimistic about the 12.

The State's opening witness was the alleged burglary victim. Consistent with our defensive theory, the home owner admitted the intruder was "wild-eyed," "babbling," and "nonsensical" when confronted. It is always good when the State's own witness is making the case for you. Also, I think the evidence up to this point raised the issue of lesser offenses, like criminal mischief of a habitation and theft.

See you tomorrow.

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