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FOX News Sunday

like seeing lawyers on juries precisely because they are independent thinkers who often think they know better than a prosecutors they can be a bit of a wild card for the come to jurr jury service with a lot of legal education. you never know it was on the jury room. having chosen juries, having tried cases in front of juries lawyers are going to spend the next six week trying to read the tea leaves watch the jury's reaction to the witness testimonies it comes in. no one is ever going to show the jurors are truly thinking until this time to deliberate and render a verdict the fact there will be lawyers participating in deliberations and rendering the verdict definitely a plus for the defense. quest for the few times tom and i disagree. i have long opposed lawyers being allowed on juries this case it could be highly damaging because the medics are still debating what this indictment means we are not convinced or certain what the crime as that was the motivation of the alleged what was a misdemeanor under state law. to have lawyers and there they y

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Verified Live

stake? a lot is at stake. he - the jury as a whole? what is at | stake? a lot is at stake. he had the jury as a whole? what is at - stake? a lot is at stake. he had the opening statements often frame the entire rest of the trial. in fact, some studies suggest to 80% of jurors make up their minds at the end of openings, and most of them, the overwhelming majority of them retain that same opinion throughout the trial and votes in that way during deliberations. the stakes are high, they are extraordinarily important. there are two concepts trial lawyers know. one is primacy, the other is recency. people remember best what they hear first that what they hear last. the notion is to start with a bang, capture the attention and imagination of the juror and give them your theory of the case so they can frame the rest of the trial in the context of that theory. of the trial in the context of that theo . , ., , theory. interesting, really interesting. _ theory. interesting, really interesting. let's- theory. interesting, really interesting. let's look- theory. interesting, really interesting. let's look at i theory. interesting, really- interesting. let's look at what theory. interesting, really - interesting. let's look at what we are expecting to hear. is it the

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CNN Newsroom Live

trump trial runs out of alternates would be up to the defendant whether or not he would want to consent to a verdict with 11 jurors, but i don't believe that he would do that in this case. >> and you would have a mistrial the alternate are always important during the actual trial, but don't join the final deliberations unless they're needed. >> what happens if a regular juror has to leave the case during deliberations. >> what happens then is the real jury has to basically start over their deliberations. they have to deliberate as though they hadn't done the deliberations they'd done with the first with the original juror and start over with the alternate juror. >> what's the best advice for an alternate juror? trial consultant leslie ellis says, try to forget you're an alternate, participate in everything you can with the other jurors, pay attention to every bit of the evidence pretend that you're one of the first 12 because you very well may be at the end brian todd, cnn, washington and you can watch cnn's special coverage of the trump hush money trial monday at 9:00 a.m. in york,

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FOX News Sunday

precisely because they are independent thinkers who often think they know better than a prosecutors they can be a bit of a wild card for the come to jurr jury service with a lot of legal education. you never know it was on the jury room. having chosen juries, having tried cases in front of juries lawyers are going to spend the next six week trying to read the tea leaves watch the jury's reaction to the witness testimonies it comes in. no one is ever going to show the jurors are truly thinking until this time to deliberate and render a verdict the fact there will be lawyers participating in deliberations and rendering the verdict definitely a plus for the defense. quest for the few times tom and i disagree. i have long opposed lawyers being allowed on juries this case it could be highly damaging because the medics are still debating what this indictment means we are not convinced or certain what the crime as that was the motivation of the alleged what was a misdemeanor under state law. to have lawyers and there they y

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CNN Newsroom With Fredricka Whitfield

but don't join the final deliberations unless they're needed. what happens if a regular juror has to leave the case during deliberations. >> what happens then is the real jury has to basically start over their deliberations. they have to deliberate as though they hadn't done the deliberations they'd done with the first with the original juror and start over with the alternate juror. what's the best advice for an alternate juror trial consultant leslie ellis says, try to forget you're an alternate, participate in everything you can with the other jurors, pay attention to every bit of the evidence. >> pretend that you're one of the first 12 because you very well may at the end brian todd, cnn, washington all right. >> let's discuss all of this further with retired california superior court judge ladoris cordell. she's also the author of her honore, my life on the bench. what works, what's broken, and how to change it. a judge cordell, welcome back. >> thank you so much for having me. >> so tomorrow is a major step in this historic trial of

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CNN Newsroom

think judge merchan did a great job and going through the selection process fairly quickly. but we're seeing the stress on these folks and they may be dipping into that alternate pool faster than they think there's a question over sequestration. do you think? if that's something that's going to happen i don't think he wants to do that, but i think he needs to reconsider. >> that is particularly with that terribly event that happened on friday, there he's got to think about what effect the publicity is really having on them. i think it'd be smart to sequester them for deliberations certainly problem with sequestering them now is none of them planned to be sequestered? you hadn't told them that and you might lose a couple of saying i just can't do that for family work, whatever obligations there are. but would this kind of pressure with people, are you saying after they made it through the voir dire that i'm feeling stressed. i'm too anxious to do this. i think he needs to reconsider it's got there are questions about whether trump will testify. he said that this is something that he's considering their number of legal experts who say that's a

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CNN This Morning Weekend

complex and highly charged case, it may not be enough he appears to have pulled the gloves on council during oj simpson's lengthy murder trial, ten regular jurors were dismissed for failing to disclose something allegedly passing a note or considering a book book deal, or simply telling the judge i can't take it anymore ten alternate took their place. what happens if the trump trial runs out of alternates would be up to the defendant whether or not he would want to consent to a verdict with 11 jurors, but i don't believe that he would do that in this case. and you would have a mistrial. >> the alternate are always in court during think the actual trial, but don't join the final deliberations unless they're needed. what happens if a regular juror has to leave the case during deliberations. >> what happens then is the real jury has to basically start over there deliberations. they have to deliberate as though they hadn't done the deliberations they'd done with the first with the original juror and start over with the alternate juror. >> what's the best advice for an alternate juror? trial consultant? leslie ellis says,

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The Source With Kaitlan Collins

deliberate on whether this man is guilty or innocent. so yes, i'm sure there's a lot of pressure and we'll see how they handle it. >> so one of the potential jurors raised her hand in the middle of the quest's said she was feeling extremely anxious. she too was removed emotional turmoil, but yeah, when trump was president, we all lived it through his tweets. now you have 12 people, 18 people, if you count the alternatives in a box, there what do you, what would you if you were in that courtroom? what did we looking for every day or if you are a fellow juror or what would you be looking for in your peers, your colleagues, every day well, juries are hard to observe as your panel initially noted, citing some jurors not at lawyers, some smile at defendants. and what happened? have you that's not a very good read because when they get into the deliberations, other things seemed to happen as you read the history of jury service. and i've read a number of books that have addressed this it varies from jury the jury, but they take on their own chemistry and their own personality. so this jury

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The Source With Kaitlan Collins

steps to protect them and predict their identity so they should take every effort they can short of sequestering to keep this trial moving john de is right. there. may come a time. there may be events that unfold that many say, hey, look, i'm gonna have to request for you, but for now, i think he's on the right right course to try to keep things in place and you walk us through the rules. >> how anywhere in the world, but especially in manhattan, you associate the asked people to go off the grid gothic omega it's very difficult, but that's what the instruction will be. >> do not look at any media about this case, do not read about this case, do not talk talk about this case. the other thing is the jurors are not gonna be able to discuss the case until they enter. their deliberations. and that's very difficult because that's the main thing happening in your life. so when michael cohen takes the stand, of course they're naturally going to want to talk about that, but they can't. they have to talk about other things like sports or the weather? so it's very challenging situation. >> can you expect these people? i mean, this is this one of those things online. you gone

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The Source With Kaitlan Collins

lot, let's say you think you're going to do sports no matter where you go. this is going to be how do you i guess if you if you just see it, what's your what's your responsibility to, judge? i was doing something i thought i was one of those it popped up. i didn't dwell on it. i took it off. how do you work that out? >> yeah, that has happened where juror comes in and then fesses up that they saw something, but it really the method of technology, it's like there are these pop-ups so they're not even trying to do it in terms of sequestration. john when i was a kid jurors during deliberations was sequestered like, i think in b and a felonies. so once the judge charge the jury or the day before and say bring your overnight bag once you start deliberating on bomb, locking you in i don't think that would be such a bad idea here for either sayyed to say, hey, once you wants to, the cases in the jury's ads, but it's really protected seven, put them in a hotel with the court office. >> and until then helped me understand if you may have different perspectives. so a juror violates the rules, maybe so small violation with the pick violation, i assume everybody agrees that juror has to go. that's why you have

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