The trial of Jose Ibarra was mercifully short by murder-trial standards. Ibarra murdered Laken Riley. The qualifier of “alleged” no longer applies. Rarely does a defendant agree to a bench trial. The evidence to convict in the Ibarra case was overwhelming. The judge didn’t have to deliberate. He found Ibarra guilty and sentenced him to life in prison.
With a jury trial, instructions need to be prepared and read to the jury, and the jury must wait to consider the evidence after the trial is over and all jurors are in the jury room. As they say, “Those are the rules.”
During one trial, I was examining a potential juror during voir dire. The potential juror was a “college student” and, clearly, not very bright. She finally turned to the judge and announced that she would not be able to concentrate. She said that she wouldn’t listen to anything I or the other attorney said. Ouch. The judge called us to the bench and told us:
“Being stupid isn’t a ‘for cause’ reason” for him to excuse her. One of us, he said, would have to use a peremptory challenge. I was the last to use one, so the other guy was forced to “thank” and excuse her.
In another trial, I put up a finger to get the attention of the judge. Another attorney was examining a witness. He noticed, and I pointed at the jury box. One of the jurors was nodding off. He asked the juror next to the older man to wake him up. The judge told the jury to “please pay attention” to all of the evidence, and I asked the attorney to begin his examination of that witness from the beginning. […]
— Read More: redstate.com
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