I am quoted in USA Today on jury selection in the Donald Trump criminal trial starting today in New York.
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But that doesn't mean there aren't political shades to consider, Mitchell Epner, a long-time New York litigator and former federal prosecutor, told USA TODAY.
"There are lots of different flavors amongst Manhattan Democrats, which go all the way from left of the Democratic Socialists of America to people who in other counties would be, by profile, Republicans," he said.
Epner added that even prosecutors wouldn't want a juror who has an anti-Trump agenda "because, if it later comes out that a juror did have an agenda to convict Donald Trump, that could be a basis for an appeal."
Looking for the juror who will hang the case?
There are three basic outcomes from a jury trial: the jury convicts the defendant, the jury acquits the defendant, or the jury "hangs" − meaning jurors can't come to an agreement and the judge is forced to declare a mistrial. Unlike when a defendant is acquitted, prosecutors are able to re-try defendants after mistrials.
But re-trials don't usually happen after there's a hung jury, Epner said. Prosecutors are hesitant to bring the case again unless they believe there's some greater public policy issue at stake or they feel confident they would get a conviction from a future jury.
"Particularly in this case, where there is a significant possibility that the defendant could not be tried a second time before the 2024 election, a hung jury would be a major accomplishment for the defense team," Epner said. If Trump wins the November election, there are significant legal questions about whether he could be prosecuted while in office.
That gives Trump's team even more impetus than a typical defendant to look for a juror who isn't aiming to fit in and might go against the grain.
"Defense counsel are typically looking for iconoclasts: people who consider themselves to be lone wolves or free spirits or in some way countercultural, and who have distrust of the system," according to Epner.
. . .
Epner said a trial is an opportunity for each side to tell their own story, and stories are more persuasive if the audience − in this case, the jury − trusts and likes the storyteller. Developing that relationship starts at the very beginning.
"Somebody who is both disliked and distrusted is highly unlikely to tell a persuasive story," he said.
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https://www.usatoday.com/story/news/politics/elections/2024/04/14/trump-hush-money-trial-jury-selection/73179602007/