Not Beyond a Reasonable Doubt Did TV — CSI and 20/20 — Affect Jury Expectations?
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LawProducts, Systems & Services for Legal Technology Professionals lawtechnologynews.com NewsMAY 2005 TECHNOLOGY ON TRIAL Not Beyond a Reasonable Doubt Did TV — CSI and 20/20 — affect jury expectations? By John Bringardner the date of the murder and the beginning of his trial. HE four-month trial Mill Valley, Calif. defense of Robert Blake, attorney M. Gerald “Gerry” accused of murder- Schwartzbach came aboard in ing his wife Bonny T June 2004 and quickly recog- Lee Bakley, was a Hollywood nized he would need technical scandal with a surprise ending. assistance. Schwartzbach said To the disbelief of armchair he had never used courtroom jurors around the country, the technology in the past, and troubled star of In Cold Blood needed to put the difficult case, and Baretta was acquitted on with thousands of documents March 17, 2005. Schwartzbach, Blake and Brooks exit the from police and private investi- Speculation surrounding courthouse after acquittal. gations, together in a hurry. the jury’s decision is split Lois Heaney, of the National among several theories. Was it a Samuels made a case based on Jury Project in Oakland, recommend- result of the so-called “CSI Effect,” circumstantial evidence in People of ed Ted Brooks, of San Francisco-based named after the popular television the State of California v. Robert consulting firm Litigation-Tech. show in which forensic investigators Blake (2002CR04037-7LA), heard by Brooks, co-winner of the 2004 LTN never fail to discover an irrefutable Judge Darlene Schempp. But Blake’s Award for trial technology, was hired. piece of evidence in their murder defense team cast just enough doubt (See LTN March 2004). cases? Los Angeles County district in jurors’ minds to set the 71-year- attorney Steve Cooley didn’t think old actor free. PREPARATION so. He just dismissed the jury as Bakley’s murder took place on Brooks began by sending Reggie “incredibly stupid.” May 4, 2001, a block and a half from Pool, his expert in Summation Deputy district attorney Shellie Vitello’s Italian Restaurant in Studio software, to Los Angeles to examine John Bringardner is news editor City, Calif. Blake had a tough time the two Summation databases of Law Technology News. getting his case off the ground. Three (from Summation Legal Technolo- E-mail: [email protected]. successive attorneys quit between gies Inc.) created by Blake’s previous MAY 2005 Law Technology News www.lawtechnologynews.com TECHNOLOGY ON TRIAL attorneys. They hadn’t even used the slides. During the trial Samuels proclaimed his innocence. It was one of the databases, which was also used hardcopy documents allowed into evidence, even though full of photos from the investigation, and photos displayed on a Visual Blake did not testify. Brooks said. Presenter from ELMO. The prosecution used the Pool created a TrialDirector (from Schwartzbach’s opening state- footage to argue that it impeached inData Corp.) database including ment took nearly five hours, and statements Blake had made to people both Summation databases com- he relied heavily on TrialDirector who had visited him in jail, posed of documents and photos and PowerPoint. (Also used for Schwartzbach says. from police investigations. This gave the closing.) The defense team took the video the defense team instant access to “I’m a believer of technology as footage and treated it like a video everything throughout the course an aid to a lawyer,” Schwartzbach deposition, digitzing it with a of the trial. says. But, he cautioned, “technology transcript provided by ABC. It was “One of the things I took on was doesn’t try the case. I had to played three different times in those photos, not knowing what I make contact with the jurors, so I court, during opening and closing might find,” says Brooks. This came didn’t want them looking constantly statements, and in the middle of the in handy when detective Steve at the screen.” trial. “[Blake] was essentially able to Eguchi was on the stand discussing His ambivalence was apparent testify by responding to Barbara’s the Dumpster in which the murder to Brooks. “At first [Schwartzbach] questions,” says Brooks. weapon was found. The defense was uncomfortable with the process Ultimately, the prosecution projected a photo of a Dumpster onto of rehearsing,” Brooks recalls. couldn’t put the gun in Blake’s an eight-foot screen and Schwartz- There were several tries at getting a hands, jury foreman Thomas bach asked the detective if that was smooth opening, which included Nicholson told reporters. the one he had searched to find the many visuals that also became Blake was acquitted of charges gun. When he said no, Brooks quick- exhibits, he said. of murdering Bakley, conspiracy ly zoomed in to show a close-up of to commit murder and solicitation. Eguchi climbing into the Dumpster, TRIAL TACTICS The defense team used technology striking a blow to his credibility. Sahab cited the defense team’s use to showcase the faults in the investi- of TrialDirector’s zoom function as a gation, the long paper trail damaging OPENING STATEMENTS particularly effective tool. Brooks Bakley’s character, and Barbara The case began with a 90-minute could highlight portions of the Walters. A lack of forensic evidence, opening statement by prosecutor police department’s policy manual, and doubt sown by the defense, made Samuels, who argued that Blake emphasizing breaches of code during Blake a free man again. LTN had solicited two ex-stuntmen to kill the investigation. his wife, but eventually took the A pivot point of the trial, says This article is reprinted with permission from the May 2005 edition of the LAW TECHNOLOGY job into his own hands. She relied Brooks, was when both teams NEWS. © 2005 ALM Properties, Inc. All rights on Microsoft Corp.’s PowerPoint for offered Barbara Walters’ 20/20 reserved. Further duplication without permission is prohibited. For information contact, American the first time in her career, says DA television interview with Blake, one Lawyer Media, Reprint Department at 800-888- paralegal Sudi Sahab, who created of several TV interviews where Blake 8300 x6111. #010-05-05-0001.