The Nacchio Trial: First Day Recap

The day belonged to Judge Nottingham. He asked the questions and set the tempo. Relentless in getting the jury selected, he minimized the number of breaks and allowed only 45 minutes for lunch. The first day didn’t end until 5:40, jury selection mostly completed. His questioning was punctuated by occasional moments of humor.

The prosecution has largely kept a low profile, only objecting once when Judge Nottingham proposed that Herbert Stern, lead counsel for the defense (his bio is here), sit next to Cliff Stricklin, lead counsel for the prosecution (his bio is here) to better hear the jurors. Stricklin indicated that it was a matter of “state secrets,” or, in other words, the notes he was taking about the jurors.

The presence of the defense was, on the other hand, more noticeable. For one thing, there was the rookie mistake of showing up late at the end of the first morning break, Judge Nottingham having to ask their whereabouts. Stern at least twice objected to particular procedures or approaches used by Nottingham, with each instance earning the judge’s irritation.  Stern may no longer be a judge (he stepped down from the federal bench in 1987) but he didn't leave behind all of his judicial demeanor.  The relationship between the judge and the former judge bears watching.

The defense also has a tendency to crowd the bench in front of Judge Nottingham, bringing three lawyers for every side bar and sometimes Joe Nacchio himself. This is compared to the two lawyers from the prosecution's table.  It is at least a mild demonstration to the jury of the resources being brought to bear by the defendant in this case, not a fact that will induce sympathy.

The jury? So far, a mix of ages, education levels, and gender, with 8 of the current total women. In general, they are not a technology savy group, with most obtaining information about the case from hard copy newspapers or television, not Internet. Two jurors who acknowledged using Google were removed.

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Comments

[Doubtful]

Stern making a rookie mistake? He has more experience in his pinky finger than you have had in your entire career. Have you ever tried a case?