Jury Summons

Jury Summons

Friday, February 4, 2022

Slam Dunk Voir Dire? Not Quite...

One of the most defining moments of 2020, although there were many, was the death of NBA player Kobe Bryant.  The news of Bryant's death shocked the world.  Everyone - not only his fans - intensely followed the news that reported on the aftermath of the tragic helicopter crash.  First responders on the scene took photographs of Bryant and his daughter Gianna Bryant - sharing them with various unauthorized individuals.  Bryant's wife, Vanessa Bryant, filed a lawsuit against the LA County Sheriff's Department.  Vanessa Bryant is seeking damages for emotional distress and mental anguish as a result of the dissemination of the photographs.

The beginning of the trial is unfolding, and the attorneys are predicting they will have a hard time with the voir dire process.  In all trials, it is a difficult undertaking to find an impartial and unbiased jury.  However, in a high-profile case such as this one, the task is even more challenging.  It is important for the attorneys to find the "hard-core Kobe fans" as they will likely skew the verdict.  The attorneys have submitted a list of proposed questions to ask the jury pool, including but not limited to: "How would you describe your feelings toward Kobe Bryant?" "How would you describe your feelings towards the Los Angeles County Sheriff or the LA County Sheriff's Department?"  The trial is set in Los Angeles County; therefore, these questions will likely have a hug impact on disqualifying jurors for bias.

High-profile legal cases generate a huge media following.  The trials of OJ Simpson, Scott Peterson, and Bill Cosby all have had to deal with the issue of finding impartial jurors.  The location of the trial creates major concern.  Kobe Bryant, being a Los Angeles Lakers player for many years, makes it hard for potential jurors in Los Angeles County to be completely impartial.  Additionally, his fame and renowned success has created a bias in not only in California, but the entire country. 

Attorneys have acknowledged the fact that it is nearly impossible to find jurors in high profile cases that have not been exposed to the media coverage.  However, there are some proposals that combat the damages of pretrial publicity.  Some data suggests that comprehensively examining individual jurors is helpful, although it is not infallible.  Another tactic is venue change.  However, this is likely inadequate when the case is generating national media coverage.  Therefore, an attorney's main goal is to find the jurors who, regardless of their familiarity with the case, can put aside what they have heard and look at the facts objectively. 

The trial has yet to play out, as it is set for late February 2022, but it will be an exciting opportunity to see how the court attempts to make this trial as fair as possible so justice can be served.



 

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