Questions By Jurors in Blake Trial

By Jeralyn, Section Crime in the News
Posted on Fri Nov 04, 2005 at 01:57:36 PM EST
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I'm against allowing jurors to question witnesses. They are fact-finders, not advocates, and I have always suspected they wouldn't have a clue what questions might be appropriate.

Among the questions jurors wanted to ask actor Robert Blake in the ongoing civil trial for damages over the wrongful death of his wife (Blake was acquitted or murder in the criminal trial):

One of the jurors deciding whether Robert Blake is responsible for his wife's murder wants to know whether the actor can name the four Gospels in the Bible.

Another asked whether Blake let his murdered wife's children — who allege he is liable for her death — attend Bonny Lee Bakley's funeral four years ago.

Another juror wanted to know if Bakley's daughter attended Sunday school.

Some more gems:

You being a celebrity for so many years, having been around a lot of women, was Bonnie the only one to ever try to get married to you claiming being pregnant?

Mr. Blake, not wanting Bonnie to get pregnant, and knowing her reputation with men, did you not think using a condom would be a good idea when having sex?

When the Court declines to put these questions to the witnesses, the jurors may feel slighted. Which side will they hold it against? Will they assume the witness, such as Blake in this case, refused to answer their question?

Lawyers, not jurors try cases. Jurors should simply decide them.

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Questions By Jurors in Blake Trial | 38 comments (38 topical)

Re: Questions By Jurors in Blake Trial (none / 0) (#32)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:12 PM EST

A little off topic, because this was not a case in which the jurors were allowed to ask questions, but I worked on a capital case once where my job was to interview the jurors after they convicted the defendant, to help prepare the (new) lawyers for the appeal. One of the jurors told me, after repeating several times what good Christian she was, that the fact the defendant had a one-night stand with the victim must have meant he killed her -- after all, such a sin was a clear sign of depravity that no real Christian would have engaged in. Ipso facto, he must have killed her. Honestly, that logic sent a chill down my spine. Of course, the jurors never knew that the ex-husband's car was seen by neighbors outside the victim's home later the same night, because the police never followed-up on that and suppressed the evidence.

Re: Questions By Jurors in Blake Trial (none / 0) (#33)
by Jlvngstn on Sat Dec 17, 2005 at 01:04:14 PM EST

I wonder if the gospels and sunday school questioners can reference either of these, "judge ye not, lest be judged first" or "for all have sinned and fall short in the eyes of god" or "let he who is without sin cast the first stone" or if they only rely on old testament when it isn't their own sin. This is not a jury of my peers, this is a jury of my servants....

Re: Questions By Jurors in Blake Trial (none / 0) (#34)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:14 PM EST

There's also this problem with high-profile cases: Ordinarily, it's not that difficult to find jurors who haven't heard anything about the case or the parties involved, especialy in a big city. But in a heavily covered case like this one, finding people who know zip about the subjects may mean you're looking at people who pretty much know zip, period.

Re: Questions By Jurors in Blake Trial (none / 0) (#35)
by cpinva on Sat Dec 17, 2005 at 01:04:19 PM EST

larry, while i can certainly appreciate where you're coming from, i must reiterate: it isn't the jury's or judge's job to question witnesses. were that the case, why bother paying high-powered mouthpieces in the first place? geez, just seat a jury, swear in witnesses, and go for it! you want interesting, that will be interesting. i'm not sure if va allows jurors to ask questions. the only jury i've ever been part of was a civil case, medical malpractice. surprisingly enough, attorneys for both sides did an excellent job of bringing out all relevant facts. both parties got their money's worth from respective counsels. i was duly impressed by all of them. the judge made every possible effort to keep things moving along, and the issue of us being allowed to question witnesses was never raised. this causes me to think it isn't done here, but that is speculation. in any event, none of us felt that any pertinent information wasn't brought out, we were able to reach a verdict in a few hours, that all of us agreed with. in either a criminal or civil case, it is the responsibility of the parties to the case to exercise due diligence, not the jury's or judge's to do it for them. when a judge or jury does that, they are no longer objective, they are, consciously or not, advocating for one or the other side. that's not what the founding fathers had in mind.

Re: Questions By Jurors in Blake Trial (none / 0) (#36)
by Lww on Sat Dec 17, 2005 at 01:04:21 PM EST

I made my comments about the tone of the article; a few questions about faith amidst 35.... As for the Dean,Clinton reference, we all know how these Democratic demogagues talk to the peons? As for the city slicker reference I grew up in NY, you're the hillbilly. And yes I still beat my wife.

Re: Questions By Jurors in Blake Trial (none / 0) (#37)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:21 PM EST

cpinva, High-priced mouthpieces? You're talking about civil cases like the med mal jury you sat on. Most lawyers involved in criminal cases are not highly paid. It's usually underpaid prosecutors & public defenders. People do not go into criminal law on either side of the aisle to get rich. Only some of the big firm white collar guys and a very select few of the lawyers who handle "street crime" make really good money. But you do have a point about the role of a jury. Maybe they are advocating, even if they're still acting in their role of fact finder by asking questions. Still, I like to get just an inkling of what's in their heads.

Re: Questions By Jurors in Blake Trial (none / 0) (#30)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:58 PM EST

When I've been on LA County juries, we were allowed to write questions we'd like to ask, but the judge reviewed them and actually asked the questions. About 75% of them the judge threw out, but the remaining ones were mostly helpful. If it goes thru the judge, I have not problems with juries asking questions -- if the judge is incompetent there are bigger problems :)

Re: Questions By Jurors in Blake Trial (none / 0) (#31)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:58 PM EST

...sorry, my fingers got ahead of my brain. I could see the gospel question if the witness claimed to be a religious Christian. Of course, I'd hope the opposing attorney would be smart enough to ask it first.

Re: Questions By Jurors in Blake Trial (none / 0) (#38)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:00 PM EST

This is a pretentious post. I dare to say that lawyers at times ask stupid and/or inappropriate questions. Religion, for instance, is a matter various appellate opinions often consider to decide if the prosecutors were possibly prejudicial. We thus have judges, who rule on such things, and the person who noted that the questions in his/her area was given to them in writing shows one way we can do it. If the jurors are so stupid, when they fact-find (which includes questioning the facts), they might be stupid too. Here, it is out in the open. If jurors asking questions is bad ... and I don't think it necessarily is ... this is not the way to "prove" it. And, now, the masses don't like Clinton ... this is news to me, given his popularity, including his ability to speak about religious themes.

Re: Questions By Jurors in Blake Trial (none / 0) (#19)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:27 PM EST

The issues are fundamentally different for civil and criminal trials. In criminal trials, I'm not a fan of juror questioning, because it mitigates the burden on the prosecution to prove a case beyond a reasonable doubt. But, in each of the civil trials in which I have had jury questioning, the questions have been intelligent (often getting to the point of questions neither party's attorney was willing to ask because they didn't know the answer), provide insight into what is important to the jury (most often relevant and appropriate points), and not a detriment to the process. I've had pizza delivery guys and carpenters ask better questions than most lawyers and judges on more than one occassion. Blake's civil trial clearly has a jury that is concerned about points that are legally irrelevant. Blake is better off knowing that, and perhaps using that information as a basis for a mistrial, or at least, for some very strong jury instructions, than he would have been suffering their deficiencies in silence, never knowing what was really driving them.

Re: Questions By Jurors in Blake Trial (none / 0) (#20)
by cpinva on Sat Dec 17, 2005 at 01:05:29 PM EST

jurors shouldn't be allowed to question witnesses, period. it isn't their job. their job is to take the facts brought out in trial, by the advocates (attorneys) for both sides, and reach a conclusion. we have an adversarial legal system, with the judges and jurors the impartial tryers of facts. the adversaries are the litigants and their professional advocates. while i'm certain some jurors ask relevant, penetrating questions, it simply isn't their job to do so. if the attorneys fail to raise these issues, too bad. as a juror, it's not my job to do their's. if someone's religious knowledge, beliefs or practices are relevant to the case, then the attorneys should raise the issue. if they aren't, it has no business even being mentioned. i only use that as an example, because two of the questions involved it, and were so flagrantly off point. it could just as well have been questions about fishing. given that mr. blake was found not guilty in his criminal trial, i'll be curious to see, if the jury finds him culpable civily, what their rationale might be. damn, wish i could spell! lol

Re: Questions By Jurors in Blake Trial (none / 0) (#21)
by Sailor on Sat Dec 17, 2005 at 01:05:35 PM EST

patrick, I think all the questions of the jury go thru the judge.

Re: Questions By Jurors in Blake Trial (none / 0) (#22)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:35 PM EST

Billy Boy? It was Kent Brockman - Channel 9 news on The Simpsons.

Re: Questions By Jurors in Blake Trial (none / 0) (#23)
by Lww on Sat Dec 17, 2005 at 01:05:37 PM EST

Kent Brockman-Kenny Brocklesteen before he was famous. Channel 6 news.... Get it right.

Re: Questions By Jurors in Blake Trial (none / 0) (#24)
by eniarku99 on Sat Dec 17, 2005 at 01:05:37 PM EST

My first reaction was, "Here we are, fighting for the people. But are they worth it?" Then, however, as I read some of the posts, there IS a circumstance under which the jurors might have wanted to know whether Blake knew the four Gospels. If Blake made an appeal to the Bible at all in his testimony, especially if he used it as some sort of moral reference, the jurors might have been wanting to ascertain whether he indeed took it seriously, or whether he thought he was simply trying to score brownie points with people who might ordinarily attend church. So these questions, though relatively crude, might have had more than tangential relevance. Please, let me be clear -- I don't believe religiosity or religious consistency should be a benchmark of a defendant's -- or plaintiff's -- guilt or innocence. There may, however, be issues of credibility at stake, especially when someone tries to invoke religious sentiment as an index of character. Of course, if this didn't happen, then only paragraph one holds. I suppose I shall have to wait until someone with access to the transcripts shows my presuppositons to be faulty. Doubtless it will be one of the infallible uebermenschen with high-speed connections and Lexis-Nexis paid up for the next five years...

Re: Questions By Jurors in Blake Trial (none / 0) (#25)
by cpinva on Sat Dec 17, 2005 at 01:05:38 PM EST

had mr. blake referred to the bible during his testimony, it was plaintif's counsel's job to walk through that door on cross, not the jury's or judge's job. if counsel failed to address the issue, oh well!

Re: Questions By Jurors in Blake Trial (none / 0) (#26)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:39 PM EST

I wish that I incredulous about the religious questions. I wonder how they would feel if given the appropriate answers? if this actor were to swoon them with his faith? this country is frightening me more by the day. I may stop coming here and buy some land in Montana just to get away from it for a percious week or two til the feds show up or something. I saw a dump truck that said across the trailor "God has blessed America" and found myself thinking have these people not thought about sacrilege? can't God take a break from all this mess and like, I dunno- smite our enemies for us so that people would have to do something positive and productive?

Re: Questions By Jurors in Blake Trial (none / 0) (#27)
by glanton on Sat Dec 17, 2005 at 01:05:39 PM EST

roy writes: "I meant to imply that everyone who thought the answer to one of these questions would be useful in deciding whether a man killed his wife is too dumb to trust with the decision." LWW replies: "You wonder why you keep losing elections?" It thus follows that LWW thinks those are appropriate questions in the Blake case, if only them there high falutin citty folk would git off uv their high horsies. Which tells you everything you need to know about him. As to the anti-lawyer rhetoric, that's just more ignorance. Are all lawyers honest and upstanding? No, but show me a profession of which this is true. Bottom line: lawyers represent a crucial line of defense in our uphill battle fo preserve liberty in a nation populated by too many LWW's.

Re: Questions By Jurors in Blake Trial (none / 0) (#28)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:42 PM EST

I practice in a state (Arizona) where jurors are allowed to ask questions, and I've actually found it helpful in shedding some light as to what they're looking at. The questions mentioned in the Blake case are pretty dumb, but in my experience, juror questions usually focus directly on actual evidence brought out in the trial. Of course, many of these can't be asked of the witnesses due to the rules of evidence, but the judges explain at the outset of the trial that the rules of evidence may prohibit some of their questions from being asked. My feeling is that the practice helps out the lawyers on both sides, by giving some clues as to what the jurors think about the case and what they want to know. One of the posters seemed concerned that this can lower the burden of proof for the prosecution. As a defense lawyer, I don't think this has been the case in any trial I've had. In fact, they sometimes indicate that the jury is looking for more proof from the prosecution (and foreshadowed an acquittal in a recent case I had, - strangely, the prosecutor didn't seem to pick up on the indication that the jury wasn't impressed with a key witness). I like it, and if anything, it at least makes trials more interesting.

Re: Questions By Jurors in Blake Trial (none / 0) (#29)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:43 PM EST

I love this shot at the perceived religiosity of the jurors; religious-minded = dumb ass. Isn't there a general contempt for jurors in the tone of this piece, alot like listening to Howard Dean or Bill Clinton?

Hey, do I get to ask questions now, like in court? LWW, What does Dean or Clinton have to do with this discussion? Isn't it possible that you yourself are just making cheap partisan shots? Is it true that one or two of the W's in your name stand for "Wanker"? And when did you stop beating your wife? (That last one's always my favorite!)

Re: Questions By Jurors in Blake Trial (none / 0) (#17)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:45 PM EST

As a wise man once said, "democracy simply doesn't work". What is the name of this "wise" man?

Re: Questions By Jurors in Blake Trial (none / 0) (#1)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST

If jurors can't be trusted to determine what is and isn't relevant how can they be trusted to deliberate properly? Shouldn't judges decide cases instead, then. Or at the very least judges should preside over jury deliberations to be sure they are appropriate.

Re: Questions By Jurors in Blake Trial (none / 0) (#2)
by roy on Sat Dec 17, 2005 at 01:05:46 PM EST

The jurors who wanted to ask these questions were dumb. I think they were probably dumb while deliberating responses to lawyers' questions, too. As a wise man once said, "democracy simply doesn't work".

Re: Questions By Jurors in Blake Trial (none / 0) (#3)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST

I practice in Colorado. One of the few states allowing jurors to ask questions. Generally, I'm opposed to the practice. However, I've had jurors ask questions that kinda helped out a bit. Even irrelevant questions and questions that don't come in can be interesting. It gives an attorney an indication as to what's going on with certain jurors.

Re: Questions By Jurors in Blake Trial (none / 0) (#4)
by Patrick on Sat Dec 17, 2005 at 01:05:46 PM EST

Dan, I was just going to say, it's kind of a buyer beware. The questions could help or could hurt, but they probably do give some indication of their thought process.

Re: Questions By Jurors in Blake Trial (none / 0) (#5)
by Quaker in a Basement on Sat Dec 17, 2005 at 01:05:46 PM EST

I'm all for full participation by ordinary citizens, but holy mackerel, what awful questions!

Re: Questions By Jurors in Blake Trial (none / 0) (#6)
by Sailor on Sat Dec 17, 2005 at 01:05:46 PM EST

I'm of 2 minds: It smacks of elitism that only lawyers are qualified to ask questions. Besides, neither lawyer is supposed to arrive at the 'truth', they are supposed to be vigorous advocates for their side. And while the questions listed tended moronic, lawyers are hardly immune from asking stupid questions. There were probably also questions that were insightful and should be answered. OTOH, the criminal justice system has many faults and a greater involvement by citizens should be encouraged. p.s. On the 3rd hand, I hate the Grand Jury system and rules;-)

Re: Questions By Jurors in Blake Trial (none / 0) (#7)
by Lww on Sat Dec 17, 2005 at 01:05:46 PM EST

Re: Questions By Jurors in Blake Trial (none / 0) (#8)
by Patrick on Sat Dec 17, 2005 at 01:05:46 PM EST

LWW, I'm not one to take shots at people for their religious beliefs, and I'm not privy to the facts of the case, but what relevance to you assign to the questions about the 4 Gospels? I for one, can't see how that could be relevant. Perhaps the judges could screen the questions before they are asked.

Re: Questions By Jurors in Blake Trial (none / 0) (#9)
by glanton on Sat Dec 17, 2005 at 01:05:46 PM EST

Well, LWW: It's not a contempt for jurors so much as a0contempt for these particular jurors and b)contempt for the idea that any juror ought to be conflated with a lawyer. And, as a bonus I'll toss you this--if you think that whether or not Blake can name the four gospels is somehow relevant to anything a'tall, then you yourself might be wading into "dumb ass" territory.

Re: Questions By Jurors in Blake Trial (none / 0) (#10)
by Patrick on Sat Dec 17, 2005 at 01:05:46 PM EST

And what if an improper question led to a mistrial? Or improperly swayed a jury member with a particular set of beliefs?

Re: Questions By Jurors in Blake Trial (none / 0) (#11)
by Lww on Sat Dec 17, 2005 at 01:05:46 PM EST

Glanton, who the phuck do you think you,re talkin to? I'm not very impressed with lawyers. In fact if you look at the state of this country you can't be cheering for the lawyers. You must look in the mirror all day to be so in love with lawyers. As for the piece; 35 q,s and a few religious references makes my point.

Re: Questions By Jurors in Blake Trial (none / 0) (#12)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST

What, no juror dared to ask what his favorite color was!? For shame! Add me to the list of attorneys who think jury deliberation is very often merely a game of Eenie Meenie Minie Moe!

Re: Questions By Jurors in Blake Trial (none / 0) (#13)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST

Jurors in Oregon may be permitted to ask questions. I've dealt with it both as a lawyer and as a protem judge. Never saw off the wall questions such as those mentioned. Must be the LA influence. The questions I've seen were generally on point even if not always permissible. It does help to focus one's presentation.

Re: Questions By Jurors in Blake Trial (none / 0) (#14)
by Joe Bob on Sat Dec 17, 2005 at 01:05:46 PM EST

I find the questions about the Gospels and Sunday school both just frightening. I'm inclined to think that someone who poses questions such as those is not interested in reaching a verdict via a rational weighing of the evidence. I think it's pretty safe to assume that if the answers aren't Matthew, Mark, Luke and John, and, yes she does go to Sunday school, that's going to count against him in that juror's mind. I also wonder how this affects the integrity of a trial, insofar as these questions can reveal some pretty blatant prejudices. One could infer that jurors misrepresented their ability to be impartial.

Re: Questions By Jurors in Blake Trial (none / 0) (#15)
by roy on Sat Dec 17, 2005 at 01:05:46 PM EST

And I didn't mean to imply that everyone with an interest in religion is dumb. I meant to imply that everyone who thought the answer to one of these questions would be useful in deciding whether a man killed his wife is too dumb to trust with the decision.

Re: Questions By Jurors in Blake Trial (none / 0) (#16)
by Lww on Sat Dec 17, 2005 at 01:05:46 PM EST

That's real white of you Roy... You wonder why you keep losing elections?

Re: Questions By Jurors in Blake Trial (none / 0) (#18)
by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:46 PM EST

DAMN! How do you get a comment to post below and outside of the grey "quote" area?

Questions By Jurors in Blake Trial

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