Trying Trials in Trying Times
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Trying Trials in Trying Times

The Covid19 pandemic has radically changed all of our lives and much of society. The criminal justice system is no different. From denial of speedy trial to stripping of due process, the system has been turned upside down. Now, many counties have, or soon will, start jury trials. How will these look, what procedures will be used and how can the defense answer this new call?

8/22/2020
When: Saturday, August 22, 2020
9:30am- 4:00pm
Where: GoToWebinar Platform
United States


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Webinar: Trying Trials in Trying Times

August 22nd, 2020

Eligible for 4.0hrs MCLE

The Covid19 pandemic has radically changed all of our lives and much of society.  The criminal justice system is no different.  From denial of speedy trial to stripping of due process, the system has been turned upside down.  Now, many counties have, or soon will, start jury trials.  How will these look, what procedures will be used and how can the defense answer this new call? 

While we don't have all the answers, this seminar will deal with the most pressing issues of (1) how to pick a jury when the venire is scattered all over the courthouse, (2) what motions can and should you bring and what appellate rights do you need to preserve, (3) how have others handled it, what can you learn from those trials, and finally (4) how to you negotiate the new physical, emotional and mechanical aspects of a radically different courtroom layout.

 

Speakers

Robert Hirschorn
Picking a Jury in the New Dynamic

Mr. Hrischorn will take his years of experience to help explain how to conduct a meaningful voir dire when the jury is scattered around the courtroom.  Concepts like "looping" can still be used, but the attorneys will need to know how to do this given seating arrangements.  Robert will also discuss what to do when a new panel is brought in who may have been watching the original process in another courtroom on a monitor.  He will also discuss the benefits and drawbacks of written questionnaires.

Bruce Kapsack
Conducting a Jury Trial on the New Stage Mr. Kapsack will help you learn how to perform on the new larger stage that is our courtroom.  With the jurors scattered throughout the room; witnesses, lawyers and jurors hiding behind masks; obstructed lines of sight and more, trial attorneys will have to rethink and relearn how to talk, move and present in this environment.  Bruce will use his time as a stand up comedian, improv performer and training from "Acting for Lawyers" as well as litigator to convey basic theories of how to defend our clients in this atmosphere.


Dylan Ford
Preserving and Creating Legal Issues in Corona Trials
Dylan Ford will explain how to preserve speedy trial, due process and any other pre-trial motions filed as a result of Corona which may have disadvantaged your client.  Additionally, he will discuss motions you should file at the start of the trial dealing with 5th and 6th Amendment rights, venire and venue challenges, masks etc.  Finally, Dylan will explain any post conviction relief ideas that Covid has presented, e.g. compassionate release.


Allison Zuvela
A View from the Trenches: Lessons from Recent Jury Trials
Allison has been speaking to numerous attorneys throughout the state that have had trials in the new dynamic.  She has compiled the information learned from counsel AND from those jurors who discussed the trial post verdict.  Ms. Zuvela will present to us her findings and interpretations of this data for your consideration before your next trial.

Schedule
August 22nd, 2020

9:30am - 10:15am
Picking a Jury in the New Dynamic

10:45am - 12:00pm
Preserving and Creating Legal Issues in Corona Trials

1:30 pm- 2:15pm
A View from the Trenches: Lessons from Recent Jury Trials

2:45pm - 4:00pm
Conducting a Jury Trial on the New Stage


Meet your Presenters

 

Robert Hirschorn, CEB Jury Consultants

Robert Hirschhorn has spent 35 years with Cathy Bennett & Associates as a nationally recognized expert in jury and trial consultation and a much sought after speaker. He is a co-author of Blue’s Guide to Jury Selection and has appeared on CNN, HLN, Good Morning America, 48 Hours, MSNBC, Dateline, and numerous other television and radio programs. Robert has picked juries in numerous high profile cases including William Kennedy Smith, Robert Durst, George Zimmerman and Mikal Watts. Those cases have two things in common - they all ended in a verdict of NOT GUILTY and Robert was the jury consultant in each case. Since his resounding success in the Zimmerman case, Robert has spent most of his time picking juries in civil cases including three juries in the past 18 months that returned multi Billion dollar verdicts.

Bruce Kapsack

Bruce Kapsack has been teaching trial tactics for over 20 years and his book Innovative DUI Trial Tools was a nationwide success. Many of the tools discussed in that book can be adapted for todays trials. Bruce is well known for his dynamic style and ability to communicate with jurors. He has been a regular lecturer for CPDA, CACJ, CDLA, NCDD, as well as the state criminal associations of Ohio, Texas, Oklahoma, New York, Massachusetts, Mississippi to name a few. Mr. Kapsack has worked and/or lectured with Robert Hirschorn and Professor Sun Wolf on jury issues and has taught the MacCarthy method of cross examination.

Dylan Ford, Los Angeles County Public Defender's Office, Appeals Division

Dylan Ford is a member of the appellate branch of the Los Angeles County Public Defender’s office. He specializes in speedy trial and sex-offender registration issues. Dylan has been leading the way on the novel legal issues the Corona Pandemic is creating.

Allison Zuvela, Yolo County Public Defender's Office

Allison Zuvela currently serves as the Chief Deputy Public Defender for the Yolo County Public Defender's office where she is in charge of training and operations. She is also a certified Criminal Law Specialist by the Board of Legalization of the State Bar of California. In addition, Allison is a member of several legal organizations including the California Public Defenders Association, the National Association of Criminal Defense Attorneys, the American Council of Chief Defenders, and the Swartz/Levi Chapter of the American Inns of Court in Davis.



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