Law Schooled: I Second That Emotion
Throughout the murder trial of former Patriots tight end Aaron Hernandez, Boston.com will offer insight into the proceedings from local legal experts in a series called “Law Schooled.’’
Emotions have run predictably high throughout the course of the trial of Aaron Hernandez. We’ve seen Hernandez tell his former fiance, Shayanna Jenkins, he loves her and pay compliments to her hair. We’ve seen the judge visibly upset over an ill-timed football joke. And we’ve seen Ursula Ward, Odin Lloyd’s mother, moved to tears — exiting the courtroom on a few occasions — over pictures and testimony surrounding the death of her son.
We’ve also heard the judge request that she reign in her emotions to the best of her ability on more than one occasion, and we’ve seen Ms. Ward excuse herself from proceedings.
Boston.com asked one of its legal experts to expound on the varying levels of emotion in the courtroom, and the impact that might have on a trial.
Former Middlesex District Attorney Gerry Leone.
“Trials, especially murder trials, are extremely human and emotional affairs by nature,’’ said Gerry Leone, a former federal prosecutor and current partner at Boston’s Nixon Peabody. “It’s the nature of a homicide, it’s about victimization and the people who survive it. So, to think one could control emotion in a courtroom is totally unrealistic.’’
Still, though emotion is part and parcel of the court proceedings, Leone makes it clear that emotion has to have its time and place.
“Judges have an obligation to keep out unfairly prejudicial occurrences during trial,’’ Leone said, and therefore “must caution witnesses about their displays of emotion. It’s not unusual.’’
Even so, trials weigh heavily on witnesses and loved ones, and Leone thinks that “a balance must be struck,’’ allowing appropriate emotion to take place within the confines of the courtroom. And beyond the balance, a lack of emotion might be damning.
“In front of a jury, if the mother of a murder victim displayed no emotion, I would tend to believe it would have a negative effect. You’ve got to be very careful there.’’
Shaneah Jenkins, the former girlfriend of Odin Lloyd, showed a very calm and poised demeanor during her testimony during early parts of the trial.
Emotion plays its role on the stand, too, especially as it pertains to the cross examination of expert witnesses. A ballistics expert called to match bullet casings to firearms, for example, may find defense attorneys contentious, whereas a witness or relative of the victim may be dealt with more carefully.
“These [expert witnesses] are professional witnesses, it’s part of the way in which they make their living,’’ whereas family members and witnesses are present due to some unforeseen tragedy.
Next, Leone makes it clear that attorneys must be careful in their handling of witnesses.
“There has to be a forgiving element with someone present because a loved one was killed, or because they happened to be in the wrong place at the wrong time.’’
But kid gloves have no use for law enforcement and expert witnesses. “In front of a jury, defense may want to be more forceful with a professional witness.’’ If the defense believes that the government acted improperly, or did less than what was required of them, defense teams may decide to be more forceful in their treatment of professional witnesses on the stand.
For loved ones and non-professional witnesses, however, Leone makes it clear that “defense should be careful to take a softer tone, while still making their major points.’’
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