Live Blogging The Trial: Day 3

We have a full day of trial and then I spent most of the night preparing to cross the defendant's medical expert tomorrow morning, so this is going to have to be quick.

It's amazing how much the case can change after a day and a half of trial. Even after all the preparation we've done, all of Friday was dedicated to recalculating our strategy and figuring out how to handle the rest of the trial. Witnesses that we thought were essential were suddenly no longer needed. Even the defendant reduced their witness list. The case has become much

tighter.

Even though we can't speak to them, you can tell that the jury's demeanor has changed. Whereas they were trying to get out of jury duty, now they are invested and active members of the trial. They understand the importance of their role and take it seriously. Ironically, they know that the significance of their role gives them a certain freedom. The female juror who wore a suit on day 1 wears sweatpants on day 3.

I've been re-thinking this whole eye contact with the jury thing. Yes, I try to look at them, but I don't want to creep them out. But when I'm doing cross examination, I'm more focused on the witness than the jury, which is how I feel it should be. A cross examination is a lot like an open mic. You have a short amount of time to make your point before the crowd gets bored. You've got to put on a show to be memorable.

We have the last witness tomorrow and then the charging conference, to finalize what the judge will tell the jury as to the law they have to follow. Summations and jury charges will follow on Wednesday afternoon, since the judge is busy on Wednesday morning. It's good to be the judge. The jury will begin deliberations on Wednesday, we'll probably have a verdict on Thursday. I think our case is going in well, but don't ask me how I think the jury is going to find. I haven't thought about that yet.