I am in hour 3 1/2 of jury punishment deliberations of a death case. I just wander back and forth from the court to my office as I feel weeks ripped off the end of my life...what do you all do while you wait?

Considering you never know when the deliberations will cease or a note emerge that requires your presence, I have found it quite difficult to plan on doing much of anything while the jury is "out". Especially at the punishment phase, though, it seems like you could plan some type of diversion. Generally not the time you want to be thinking about your next case or caseload in general. Seems like everyone just sits around talking about prior cases or law practice or whatever. Someone must have come up with a more innovative use of this time.

I've tried to do some work (intake, read mail, etc) but can't do it. It is a good time to hear some war stories or talk politics. The problem is when you have a defense attorney you don't think much of. I just ended the second week of a sexual assault trial that will continue through next week. I anticipate some Loooong deliberations.

P.S. My last capital jury came back with a death verdict after 45 min and they ate lunch. I wish they all were like that.

You could always work on two press releases. One for life; one for death.

I take the time to check on the victim's family members and see how they are doing, address any questions they have, and allow them to vent if they've heard testimony they found offensive.

We just finished a week-long murder trial where one ranch hand shot his co-worker/friend. The families had been friends for years and the tensions ran high all week. The victim's family REALLY needed some calming when the defendant's wife (on punishment) testified that the victim was a "bad friend." (By the way, if you intend to get drunk and shoot your friend in Crockett County, the going punishment is 20 years---and we agree that's justice when the defendant is 62.)

We also spend a lot of time chatting with opposing counsel, the judge, law enforcement, and other court staff during deliberations. When I first started prosecuting, I thought it was a terrible waste of time. Additionally, I was the only female attorney present. I have since learned the value in listening to the "war stories" and participating in the exchange of ideas. I've learned alot about the attorneys and judges, and I've gleaned many pearls of wisdom from the discussions. I've also noticed that as we get to know each other better the working relationship is enhanced. Although there are disagreements and heated debate inside and outside the courtroom on legal issues, when I have a better understanding of the other person I am able to respect the person advocating an idea with which I vehemently disagree. When I do not have respect for my opponent, I have a harder time separating the position from the attorney.

Finally, I've made some very good friends during the waiting hours. Whether it is law enforcement officers, attorneys, or judges we are few in number and far between in rural West Texas and the down-time is well-spent when the result is a congenial respect for those with whom we work. Anyone who does not take advantage of this benefit is truly missing something wonderful.

[This message was edited by Laurie K. English on 05-17-03 at .]

[This message was edited by Laurie K. English on 05-17-03 at .]

Thanks for all the suggestions. I have done all those things in the past: tried to work, check on the families of my victim, shoot the bull with counsel and the court and etc. I guess this time I just didn't have the strengh to spend more time with the people I had been with all day, every day for 15 1/2 days. John, there is NO WAY I'm trying to think about writing a press release for a life sentence while I await a death sentence. By the way...the jury returned answers of "yes," "yes," and "no" to the special issues after about 4 1/2 hours. Now for the co-defendant!

[This message was edited by BLeonard on 05-18-03 at .]

[This message was edited by BLeonard on 05-18-03 at .]

Doesn't your computer have solitaire?

I think John's point about working on a press release makes sense; you're probably not over emotional either way at that point and thinking about the alternatives the jury will travel with their verdict at that stage.

When I prosecuted in Ft. Bend Co., the juries would frequently deliberate deep into the night, & sometimes into the wee hours of the morning. After a suitable amount of time, the court would often recovene at a tavern about 2 blocks from the courthouse, and everyone except the bailiff (who stayed behind to take communications from the jury) would go for a few cold ones. When the jury had a verdict, we hurried back.

Since then I have prosecuted in more rural areas, and the juries tend to come to a verdict much quicker than Ft. Bend juries do, and in any case they almost always reach a verdict by 5 p.m.

Terry, I knew we could count on someone for innovation.

We used to have a prosecutor here (now retired)who would practice his roping skills while he waited on a verdict. He had a plastic cow head duct-taped on a recumbent bicycle, and he'd drag it out into the hall and practice roping the "cow head." Once, he left the "cow" in the hallway overnight, and the frightened cleaning people went to one of the judges and reported that someone was possibly practicing Santeria in the courthouse hallways.

I recall last summer when we were awaiting the capital verdict in the third retrial of Johnny Paul Penry, I was about to wear the soles off my boots pacing inside and outside the Montgomery County Courthouse. Thank goodness Ed Marshall from the A.G.'s office was there to keep me company and keep me from going insane. I think I might have gone through a whole pack of Levi Garrett that afternoon.

Meanwhile, while the media was crawling all over the place, and I was nervous wreck, my co-counsel, the inimitable Joe Price, was squirreled away in the back room of a little restaurant directly across the street from the courthouse, drinking beer, smoking cigarettes and having a grand time swapping war stories with old friends and acquaintances who had come over for the closing arguments. Don't know he managed to do it but I'll tip my hat to him. I'll never forget it!

Depends on how worried I am - sometimes say the Rosary.