What's happening in the Libby Trial?

By Clarice Feldman

The jury is now in what is the seventh day of its deliberations and a number of people have asked me what is going on. I really don't know and neither does anyone outside the jury room.

Here is my take from very slim evidence.

1) The prosecution's theory of the case is undiagrammable and difficult to comprehend.

2) The Court permitted the jury to take notes and court observers reported that they listened attentively and recorded the witnesses' testimony.

3)Every witness for the prosecution had memory and credibility problems.

4)At the outset the jury asked for a flip chart, Post-It notes and pcitures, if any were available, of the witnesses.

5)Yesterday they asked for big Post-It notes to go on a flip chart.

I think that the foreman is organizing this as a group facilitator would--rationally and in an orderly fashion. I think that the jurors intitially posted what they recalled about each witness' testimony on a chart, witness by witness and used post its to add what the summary had not included--i.e. observations about demeanor and credibility issues. I think w/ the facts now established to their satisfaction they are proceeding to deliberate according to the 127 pp jury instructions.

I have no idea how they are voting, though to my mind there is reasonable doubt aplenty on all counts. I do know that if they are following the procedure I think they are, we are far more likely to get a rational review of the evidence and a proper conclusion.

At the end of today's session, we learned the jurors will break tomorrow at 2 p.m. to allow a number of then to attend parent-teacher conferences in the District. Court room observers said there is no sign of any tension among the jurors. I doubt we will see any verdict this week.