By the time we’re all gathered in the courtroom to select the chosen twelve, Drummond et al. will have a nice file on each of these people. The files will be evaluated not only by him and his buddies, but they’ll also be thoroughly analyzed by a team of professional jury consultants. In the history of American jurisprudence, jury consultants are a relatively new animal. They’re usually lawyers with some degree of skill and expertise in the study of human nature. Many are also psychiatrists or psychologists. They roam the country selling their horribly expensive skills to those lawyers who can afford them.
In law school, I heard a story about a jury consultant hired by Jonathan Lake for a fee of eighty thousand dollars. The jury brought back a verdict of several million, so the fee was peanuts.
Drummond’s jury consultants will actually be in the courtroom as we select the jury. They’ll be inconspicuous as they watch these unsuspecting people. They’ll study faces and body language and dress and manners and God knows what else.
I, on the other hand, have Deck, who’s a study in human nature in his own right. We’ll get a list to Butch and to Booker, and to anybody else who might recognize a name or two. We’ll make some phone calls, maybe check a few addresses, but our job is much harder. For the most part, we’ll be stuck with the task of trying to select people based on their appearance in court.
Forty-one
I go to the mall at least three times a week now, usually in time for dinner. In fact, I have my own table on the promenade, next to the railing overlooking the ice rink, where I eat chicken chow mein from Wong’s and watch the small children skate below. The table also gives me a safe view of the pedestrian traffic, so I won’t get caught. She’s walked by only once, alone and going nowhere in particular, it seemed. I wanted so desperately to ease beside her, take her hand and lead her off into a chic little boutique where we could hide between the racks and talk about something.
This is the largest mall for many miles, and at times it’s quite crowded. I watch the people bustle about and wonder if any of them might be on my jury. How do I find ninety-two people out of a million?
Impossible. I do the best with what’s available. Deck and I quickly made flash cards out of the juror questionnaires, and I keep a collection with me at all times.
I sit here tonight, on the promenade, glancing at the people walking the mall, then flashing another card from my stack: R. C. Badley is the name in bold letters. Age forty-seven, white male, plumber, high school education, lives in a southeast Memphis suburb. I flip the card to make sure my memory is perfect. It is. I’ve done this so much I’m already sick of these people. Their names are tacked to a wall in my office, and I stand there for at least an hour a day studying what I’ve already memorized. Next card: Lionel Barton, age twenty-four, black male, part-time college student and sales clerk at an auto parts store, lives in an apartment in South Memphis.
My model juror is young and black with at least a high school education. It’s ancient wisdom that blacks make better plaintiff’s jurors. They feel for the underdog and distrust white corporate America. Who can blame them?
I have mixed feelings about men versus women. Conventional wisdom says that women are stingier with money because they feel the pinch of the family finances. They’re less likely to return a large award because none of the money will go to their personal checkbooks. But Max Leuberg tends to favor women in this case because they’re mothers. They’ll feel the pain of a lost child. They’ll identify with Dot, and if I do my job well and get them properly inflamed, they’ll try to put Great Benefit out of business. I think he’s right.
So, if I had my way, I’d have twelve black women, preferably all with children.
Deck, of course, has another theory. He’s afraid of blacks because Memphis is so racially polarized. White plaintiff, white defendant, everybody’s white here but the judge. Why should the blacks care?
This is a perfect example of the fallacy of stereotyping jurors by race, class, age, education. The fact is, no one can predict what anybody might do in jury deliberations. I’ve read every book in the law library about jury selection, and I’m as uncertain now as I was before I read them.
There is only one type of juror to avoid in this case: the white male corporate executive. These guys are deadly in punitive damage cases. They tend to take charge of the deliberations. They’re educated, forceful, organized and don’t care much for trial lawyers. Thankfully, they’re also usually too busy for jury duty. I’ve isolated only five on my list, and I’m sure each will have a dozen reasons to be excused. Kipler, under different circumstances, might give them a hard time. But Kipler, I strongly suspect, doesn’t want these guys either. I’d wager my formidable net worth that His Honor wants black faces in the jury box.
I’m sure that if I stay in this business I’ll one day think of a dirtier trick, but one’s hard to imagine now. I’ve been thinking about it for weeks, and finally mentioned it to Deck several days ago. He went berserk.
If Drummond and his gang want to listen to my phone, then we’ve decided to give them an earful. We wait until late in the afternoon. I’m at the office. Deck’s around the corner at a pay phone. He calls me. We’ve rehearsed this several times, even have a script.
“Rudy, Deck here. I finally found Dean Goodlow.”
Goodlow is a white male, age thirty-nine, college education, owns a carpet cleaning franchise. He’s a zero on our scale, definitely a juror we don’t want. Drummond would love to have him.
“Where?” I ask.
“Caught him at the office. He’s been out of town for a week. Helluva nice guy. We were dead wrong about him. He’s not at all fond of insurance companies, says he argues with his all the time, thinks they need to be severely regulated. I gave him the facts in our case, and, boy, did he get mad. He’ll make a great juror.” Deck’s delivery is a bit unnatural, but to the uninformed he sounds believable. He’s probably reading this.
“What a surprise,” I say firmly and crisply into the phone. I want Drummond to grab every syllable.
The thought of lawyers talking to potential jurors before the selection process is incredible, almost unbelievable. Deck and I worried that our ruse might be so absurd that Drummond would know we were faking. But who would’ve thought one lawyer would eavesdrop on his opponent by means of an illegal wiretap? Also, we decided Drummond would fall for our ploy because I’m just an ignorant rookie and Deck is, well, Deck is nothing but a humble paralawyer. We just don’t know any better.
“Was he uneasy about talking?” I ask.
“A little. I told him what I’ve told the rest of them. I’m just an investigator, not a lawyer. And if they don’t tell anybody about our conversation, then nobody’ll get in trouble.”
“Good. And you think Goodlow is with us?”
“No doubt. We gotta get him.”
I ruffle some paper near the phone. “Who’s left on your list?” I ask loudly.
“Lemme see.” I can hear Deck ruffling papers on his end. We’re quite a team. “I’ve talked to Dermont King, Jan DeCell, Lawrence Perotti, Hilda Hinds and RaTilda Browning.”
With the exception of RaTilda Browning, these are white people we don’t want on our jury. If we can pollute their names enough, Drummond will try everything to exclude them.
“What about Dermont King?” I ask
“Solid. Once had to throw an insurance adjuster out of his house. I’d give him a nine.”
“What about Perotti?”
“Great guy. Couldn’t believe an insurance company could actually kill a person. He’s with us.”