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- <text id=94TT1576>
- <title>
- Nov. 14, 1994: Justice:Now, A Jury of His Peers
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1994
- Nov. 14, 1994 How Could She Do It?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- JUSTICE, Page 64
- Now, A Jury of His Peers
- </hdr>
- <body>
- <p> The prosecution ignores its consultant and finds itself face-to-face
- with jurors who delight the defense
- </p>
- <p>By Elaine Lafferty/Los Angeles
- </p>
- <p> The past five weeks have been a voyage of culinary discovery
- for Jo-Ellan Dimitrius, the O.J. Simpson defense team's jury
- consultant. One day she would join Simpson's lawyers for burritos
- at La Golondrina, another day it would be angelhair pasta at
- Epicentre or sushi at Horikawa. The cuisine was rarely the same,
- but the luncheon agenda never varied: how to pick a jury likely
- to find Simpson not guilty of first-degree murder. Life during
- jury selection was quite different for Don Vinson, jury consultant
- for the prosecution. Vinson tirelessly fed the responses of
- potential jurors to Judge Lance Ito's 80-page questionnaire
- into computers at the offices of DecisionQuest, handing out
- sophisticated analyses to the D.A. But after two court appearances
- early in the process, Vinson disappeared.
- </p>
- <p> When cold computer analysis clashed with the gut instincts of
- prosecutors Bill Hodgman and Marcia Clark, Vinson was banished
- from the strategizing. Simpson's defense team, on the other
- hand, soaked up the services of its jury consultant every step
- of the way. As late as last week Dimitrius joined defense lawyers
- at Robert Shapiro's office for a strategy session in which O.J.
- participated for 45 minutes by telephone. "He's got a real good
- sense of who he appeals to," said a source close to the defense.
- </p>
- <p> The wisdom of those judgments will not be clear till the verdict
- is reached, but the conventional wisdom was overwhelming: the
- jury impaneled last week seemed highly favorable to the defense.
- </p>
- <p> Polls have shown that blacks are more sympathetic to Simpson
- than whites; eight members of the jury are black. Because a
- key element of the prosecution's case rests on complex scientific
- evidence related to blood, prosecutors had hoped for an educated
- jury; only two jurors attended college. Older, retired people
- are usually more willing to convict; most jurors are in their
- 20s and 30s. The single bright spot for prosecutors perhaps--a critical part of their strategy--lies in the gender breakdown.
- Eight jurors are women and one of those, a black woman, has
- worked with domestic violence victims. The panel's lone white
- female said her father had beaten her mother.
- </p>
- <p> "We had to play with the cards we were dealt," said a member
- of the prosecution. They were dealt by Ito, whose frustrations
- with saturation coverage of the case led him to reject many
- candidates who regularly read newspapers and magazines and watch
- TV news. (His approved fare for the dozen jurors: edited tapes
- of sitcoms and the MacNeil/Lehrer NewsHour.) "Ito cut down the
- pool of intelligent, independent people, and they weren't just
- whites," said Harvey Giss, a Los Angeles prosecutor. Even Dimitrius,
- though pleased with the outcome, said "Both sides lost good
- jurors in the process."
- </p>
- <p> This week the whole business starts over again as 15 alternates
- are chosen. In a case where jurors may be sequestered--and
- exhausted--for as long as six months, alternates cannot be
- an afterthought. As last week's jury selection drew to a close,
- a tired Clark remarked that everyone had earned their pay. Leaving
- the courtroom, she bid adieu to Dimitrius, perhaps thinking
- the defense consultant's job was completed. Dimitrius smiled
- and said "Not so soon. I'll be back." Dimitrius has been hired
- for the duration of the trial.
- </p>
-
- </body>
- </article>
- </text>
-
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