Trial bubble rudely punctured by guilty verdict

After deliberating over three hours, the jury in our case returned a guilty verdict. The time after a case is submitted to the jury may be the most harrowing part of the process. All of the thinking, strategizing, and debating of trial strategy is over. All motions have been filed, questions asked, and arguments made. The only thing left to do is sit and wait, wondering what the twelve people selected will do with the case.

It's too early at that point to armchair quarterback your performance - that will come in the days and weeks to follow. Your mind is strangely empty, like the a computer busy backing up data that can't be bothered to process any new information just yet. "CPU usage at 100%" - "This program not responding" - these are the error messages of trial brain. Then the word comes from the bailiff that the jury has reached a verdict.

Out of the entire practice of law, the few seconds before a jury verdict is read are the most terrifying, hopeful, and strange. It's hard to describe the feeling, but disconnected or out-of-body might be a good starting point. Your mind races as the jury enters the room - is the body language good or bad? Are they making eye contact? Do those things even mean anything?

Even when the evidence of guilt seems fairly overwhelming, I think all criminal defense lawyers carry a secret hope in their heart that it might be a two word verdict, despite all logic to the contrary. It's not naiveté, but rather a hope that maybe our better qualities of reason or compassion might prevail. Sometimes it's just not warranted or likely, but I keep hoping all the same.