almost grandfatherly. But looks can be deceiving. I will never forget the day Zobel, for all intents and purposes, rewrote the Constitution and not only robbed the Eappens of a jury’s verdict but assaulted Lady Justice herself.
After the judge’s stunning verdict reversal, Woodward had the gall to say she was disappointed in the decision because she was not totally exonerated. She wanted a full acquittal from Zobel. Woodward and her defense team—much like O. J. Simpson, who pledged to find Nicole and Ron’s “real killer”—swore they would convene an independent review team of scientists to reexamine key medical and forensic evidence in the case to prove the true cause of death. Surprise! They haven’t lifted a finger to do it. Not that they needed to. We know who caused Matty’s death. Louise Woodward. And Judge Hiller Zobel let her get away with murder.
J U D G E T E R R Y R U C K R I E G L E —
W H A T A F A N !
In the summer of 2004 in a courtroom in Colorado, Lady Justice was spinning like a top thanks to the ringmaster of the Kobe Bryant case—Judge Terry Ruckriegle. After allowing hours of closed-door questioning of the alleged rape victim on sexual behavior dating back a year before she met Kobe Bryant, he ruled that portions of the young woman’s prior sex life would be brought before the jury. In addition, he then mistakenly released the closed-door transcripts on the Internet.
When the young woman wanted a continuance following that disaster, Judge Ruckriegle refused.
The last “mistaken” release of information was one of many O B J E C T I O N !
3 7
episodes that can be traced back to the very beginning of the trial. The woman’s name, as well as other case-sensitive information—always damning to the alleged victim—was repeatedly leaked. In comparison, nothing remotely disparaging to the defense was ever leaked. While the case was still in county court, Eagle County Judge Frederick Gannett took zero action (besides offering useless lip service) when Bryant’s defense lawyer, Pamela Mackey, stated the young woman’s name in open court multiple times.
That moment set the tone for the trial. Chief Judge Ruckriegle presided over the circuslike atmosphere that dominated the remainder of the proceedings, which ultimately led to the victim deciding to pack her bags and abandon the case. With no one protecting her rights, who can blame her? Whether or not Bryant was guilty of rape, Ruckriegle sent a clear message to rape victims all over the country: The court won’t protect you. You will be mistreated in court and out because of the person wearing the robe. It’s no wonder rape remains one of the single most underreported crimes on the books.
C H A P T E R T W O
W E T H E J U R Y
ON ELEVATORS AND IN RESTAURANTS, AT BUS
stops and airports, I am constantly asked, “What’s the secret to winning cases?” My response is always the same: You win or lose in jury selection. Once the jury’s struck—twelve jurors who hear the case selected from a pool of people—it’s all over. Jury selection is the single most important part of a trial. As a prosecutor, I can say without question, if you fumble your strikes by selecting a jury that’s in a hurry, that doesn’t want to be bothered, that is inherently suspicious of police or is simply cantankerous and not prone to compromise, you’ve got big problems.
The result can be a hung jury, or worse—a not-guilty verdict.
By the time a lawyer stands at the jury rail for opening statement, they must firmly believe what they’re saying is true. Before approach-ing the rail, I always investigated my cases backward and forward myself, in addition to the police investigation. I interviewed witnesses, carefully wrote out by hand their direct-exam, question by question, including notes on the appropriate juncture at which to introduce key physical evidence. I always devised a strategy and prepared the exhibits before the trial began. All of
After the judge’s stunning verdict reversal, Woodward had the gall to say she was disappointed in the decision because she was not totally exonerated. She wanted a full acquittal from Zobel. Woodward and her defense team—much like O. J. Simpson, who pledged to find Nicole and Ron’s “real killer”—swore they would convene an independent review team of scientists to reexamine key medical and forensic evidence in the case to prove the true cause of death. Surprise! They haven’t lifted a finger to do it. Not that they needed to. We know who caused Matty’s death. Louise Woodward. And Judge Hiller Zobel let her get away with murder.
J U D G E T E R R Y R U C K R I E G L E —
W H A T A F A N !
In the summer of 2004 in a courtroom in Colorado, Lady Justice was spinning like a top thanks to the ringmaster of the Kobe Bryant case—Judge Terry Ruckriegle. After allowing hours of closed-door questioning of the alleged rape victim on sexual behavior dating back a year before she met Kobe Bryant, he ruled that portions of the young woman’s prior sex life would be brought before the jury. In addition, he then mistakenly released the closed-door transcripts on the Internet.
When the young woman wanted a continuance following that disaster, Judge Ruckriegle refused.
The last “mistaken” release of information was one of many O B J E C T I O N !
3 7
episodes that can be traced back to the very beginning of the trial. The woman’s name, as well as other case-sensitive information—always damning to the alleged victim—was repeatedly leaked. In comparison, nothing remotely disparaging to the defense was ever leaked. While the case was still in county court, Eagle County Judge Frederick Gannett took zero action (besides offering useless lip service) when Bryant’s defense lawyer, Pamela Mackey, stated the young woman’s name in open court multiple times.
That moment set the tone for the trial. Chief Judge Ruckriegle presided over the circuslike atmosphere that dominated the remainder of the proceedings, which ultimately led to the victim deciding to pack her bags and abandon the case. With no one protecting her rights, who can blame her? Whether or not Bryant was guilty of rape, Ruckriegle sent a clear message to rape victims all over the country: The court won’t protect you. You will be mistreated in court and out because of the person wearing the robe. It’s no wonder rape remains one of the single most underreported crimes on the books.
C H A P T E R T W O
W E T H E J U R Y
ON ELEVATORS AND IN RESTAURANTS, AT BUS
stops and airports, I am constantly asked, “What’s the secret to winning cases?” My response is always the same: You win or lose in jury selection. Once the jury’s struck—twelve jurors who hear the case selected from a pool of people—it’s all over. Jury selection is the single most important part of a trial. As a prosecutor, I can say without question, if you fumble your strikes by selecting a jury that’s in a hurry, that doesn’t want to be bothered, that is inherently suspicious of police or is simply cantankerous and not prone to compromise, you’ve got big problems.
The result can be a hung jury, or worse—a not-guilty verdict.
By the time a lawyer stands at the jury rail for opening statement, they must firmly believe what they’re saying is true. Before approach-ing the rail, I always investigated my cases backward and forward myself, in addition to the police investigation. I interviewed witnesses, carefully wrote out by hand their direct-exam, question by question, including notes on the appropriate juncture at which to introduce key physical evidence. I always devised a strategy and prepared the exhibits before the trial began. All of
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