The Denver Post
Bryant jury picks could tip the scale
Friday, August 27, 2004 -
They've read about Kobe Bryant in the local newspaper. They've heard about his accuser while in line at the grocery store. They've been bombarded with television accounts of "Mr. X," a bloody T-shirt and soiled panties.
Now, hundreds of potential jurors in rural Eagle County will be asked to reveal their innermost thoughts, impressions and biases after being inundated with pervasive coverage of the sexual-assault case against the basketball star. "One of the key issues is just going to be to what extent have jurors already made up their minds about the facts of this case," said jury consultant Sarah Murray in San Francisco. Prosecutors and defense lawyers will be looking for any kind of edge as they try to figure out who might be more sympathetic to their side. Experts say it won't be easy. "It's going to be a lot more difficult to find people who haven't been exposed to some kind of information and gossip and conversation about the trial," Murray said. More than 500 of the 999 people who were sent jury summonses are expected to report to the Eagle County courthouse starting at 9 a.m. today to fill out a lengthy questionnaire exploring their familiarity with the case and their attitudes. Jury selection begins in earnest on Monday, when potential jurors undergo closed-door questioning by attorneys. Prosecutors and defense attorneys will struggle to find jurors who don't know the accuser or her family, who aren't star-struck by the NBA all-star, who will agree to consider only the evidence presented in court and who harbor no preconceived notions about the case. Bryant, 26, is accused of raping a 19-year-old hotel clerk in June 2003 while the Los Angeles Lakers star was in Eagle County for knee surgery. He admitted to adultery but says the liaison was consensual.
Click here for the official court website with officials court orders, filings and documents in the People v. Bryant case.
Click here to see a copy of the felony charges against Bryant in the PDF format. case.
Click here for a chronology of the Bryant case.
Click here for The Denver Post's graphic describing the events of June 30, 2003.
Click here for an interactive presentation on Bryant's career.
Click here for the 9NEWS archive on the case.
Click here for the CourtTV archive on the case.
"It's like playing chess with real people, and all of the pieces are different, and you don't necessarily know all the moves that people are going to make," Murray said. Although jury consultants are used widely in high-profile cases, District Judge Terry Ruckriegle has limited both sides to two attorneys each in his chambers during the private juror questioning. As a result, it will fall on the attorneys to determine which 12 jurors - plus two alternates - are likely to give them the fairest shake. "The best jurors are going to be the ones who are most open and receptive to what you have to say in your case," Murray said. "But people are complex and contradictory, and it's not a simple decision that if this person answers yes or no that they might be a good juror." Karen Lisko, senior litigation consultant at Persuasion Strategies, a service of the Denver law firm of Holland & Hart, has drawn up a comprehensive analysis of what prosecutors and defense attorneys in the Bryant case must watch for. Lisko collaborated with her colleague, Ken Broda-Bahm, in writing the analysis for The Denver Post. "The strategy that both sides should follow is to focus on who they don't want rather than on who they want to keep," Lisko said. "They have far less control over who stays." In all cases, Lisko said, attitudes outweigh life experiences and demographics when identifying defense-oriented or prosecution-oriented jurors. There are various types of people who are risky for the prosecution, the study concluded. Among them: The "crying-wolf skeptic," who believes that many victims "cry wolf" or are gold-diggers in high-profile cases. The "Kobe sympathizer" who is predisposed to want the popular athlete to be innocent. The "anti-prosecution" juror who tends to hold pro-defense biases in criminal cases. The "sexual traditionalist," who is judgmental about others' sexual behavior and believes no reasonable woman would accompany a man alone to his hotel room without sex in mind. The "heightened standard of proof" juror, who believes any doubt is reasonable doubt. The defense also must weed out some people, Lisko said. The "pro-victim" juror who believes a victim would go through the trouble of trial only if her claims were valid. The "pro-prosecution" juror who believes the criminal-justice system is too soft on crime. Those who resent Bryant's wealth and believe celebrities see themselves above the law. Racists, who will stereotype Bryant because he is black. Finally, there may be some in the jury pool who hold back their true biases to win a seat on such a celebrated case. "People will want to serve because they know it's an important case," said Denver trial attorney Larry Pozner. "Both sides will be on the lookout for 'sleepers' - the people who want to be on the jury so they can write a book." Others will try to get out of jury duty in a case that could last four weeks. Court jury commissioner Jackie Cooper said she has excused 127 people for reasons such as confirmed travel plans or changed residence. Another 164 summonses were undeliverable. Lawyers must get prospective jurors to talk about what they know about the case, where they got their information, and how strongly they feel about the issues, said Andrea Mosmann, director of research for Isosceles Consulting in Pasadena, Calif. Those experiences are likely to shape the way they interpret the evidence, Mosmann added. While both sides will attach red flags to some potential jurors based on their views or backgrounds, it's the subtle cues that could tilt the balance for a unanimous decision, such as how they work in a group, Murray said. "The people who clearly have the strongest level of support for the prosecution or the strongest level for the defense, believe me, they're going to be flushed out and struck," she said. "The battle is in the middle. The battle is in the ability to figure out which of the jurors are not on those extremes." Staff writer Steve Lipsher can be reached at 970-513-9495 or slipsher@denverpost.com . Staff writer Howard Pankratz can be reached at 303-820-1929 or hpankratz@denverpost.com . |