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November 29, 2009
Practice tip: Do timely object to hand grenades.
Diane Arbus, 1962
Photos, videos, and a few powerpoint slides slipping into defense counsel closings are probably OK. But you never know about those wild cards: real-looking munitions, working chain saws, live grenades, and some juries. So pipe up. See at ABA Journal "Lawyer Under Fire for Using Dud Grenade in Closing":
There was no objection and the presiding judge simply asked that Kepfield remove the grenade from the table. Kepfield's client was convicted following 15 minutes of jury deliberations, according to the Hutchinson News.
This was done in a demonstration of a "real" imminent threat. A complaining witness claimed that one co-defendant in the case threatened "to kill her dog and harm her daughter" if she would not assist in the forgery of stolen checks. No timely objection to the grenade. But here the winning prosecution apparently could have it both ways:
District Attorney Keith Schroeder intends to also alert the Kansas attorney general's office.
"Clearly, I'm concerned about the situation and the safety of my employees, and I'm concerned about the way the jury's treated," Schroeder said.
Posted by Rob Bodine at November 29, 2009 11:59 PM