Casey Anthony: jury matters and cash cows to be?

State of Florida v Casey Anthony capital murder trial in the 2008 death of 2-year-old Caylee is drawing worldwide attention. Looking ahead to the trial, in a True Crime Examiner 12/09 interview, Orlando area criminal lawyer and media legal analyst Richard Hornsby (above, right), acknowledges "anything related" to the "cash cow" case could prove lucrative, for example, future books written by jury members. (Ivy Bigbee graphics c 2009; Wiki Commons photo; Richard Hornsby, with permission)

Looking ahead to the Casey Anthony capital murder trial, Orlando criminal lawyer and legal analyst Richard Hornsby reckons the legal process will be a "cash cow" that could be lucrative to future jurors, because "anything related to this case can have a lasting value."

Previously, in part 1 of True Crime Examiner's exclusive interview with Hornsby, the likelihood of Anthony agreeing to a plea bargain is possible, if the accused murderer, Hornsby says--who is tired of her celebrity and has had time to reflect--warms to the advice of attorney, Andrea Lyon.

Hornsby says the DePaul University clinical professor of law and Anthony team's unofficial new captain "wouldn't be doing her job" if the death penalty expert did not present the opportunity for possibly saving her client's life.

In part 2 today, Hornsby sheds light on the yet-determined Anthony panel, exploring jury behavior the legal analyst views as a component before, during and after the trial.

With a criminal law practice to maintain and serving as the president for the Central Florida Association of Criminal Defense Lawyers, Richard Hornsby appears to be a rising star in the stratosphere and blogosphere of legal pundits who currently is handling 2 murder cases, while keeping up with the Anthony trials. Involved in community service, he also maintains a legal information blog, posts on which often put the self-deprecating pundit at odds with others.

A recent controversy pitted Hornsby, who notes in general he has not spoken with the Anthony defense, against media analyst and local attorney, Bill Scheaffer, who, he says, "sold out an organization"--the Florida Association of Criminal Defense Lawyers--after the lawyer and WFTV legal consultant wrangled an audio copy of the "Death is Different" seminar tape, whose content allowed a wide-eyed public to "go behind the [defense lawyers'] curtain," in a rare look at recommended defense tactics in capital cases.

In remarks to an assembly of defense lawyers who met during a 2008 educational seminar in Orlando--in a speech never meant for the general public--Andrea Lyon shared her penalty phase, "scorched earth, take-no (Roy Kronk, perhaps others)-prisoners" tactics on convincing a jury that "life is life," in order to avoid the death sentence for those convicted of capital offenses.

Regarding the public exchange between Scheaffer and Hornsby on the audio tape's acquisition and content, Hornsby maintains, "I don't have a problem with critiquing, but you'd better be right in what you say."

"The tape is not that shocking to any [legal] practitioner," says Hornsby, who agreed to this interview not long after he told Scheaffer via "Florida Law and the Criminal Justice System" he would be "on him like white on rice" after details of the tape's acquisition surfaced.

Scheaffer, interviewed by WFTV reporter, Kathi Belich for his take on the inflammatory Lyon speech, did not respond to requests from True Crime Examiner, who sought his reaction to Hornby's having determined how the WFTV legal analyst obtained the audio: by telling the seminar's organizer that he had "trouble hearing the remarks," and needed a copy of the recording.

Reactions to Lyon's tape--reportedly pulled from Orlando TV station WFTV after news director, Bob Jordan said the article "had its run"--sent a tidal wave of anger over the Casey Anthony trial watch community.

Asked if the tape would have any effect on voir dire or on the resulting capital case jury, Hornsby replied, "No. Since the tapes didn't make it to 'Nancy Grace,' where they would have been played over and over," their remarks shouldn't influence a jury.

Andrea Lyon's tape and her client's plea deal notwithstanding, the case likely will go to trial, and therefore a jury should be in place some time in 2010. Beyond pre-trial motions and judicial "housekeeping" matters, striking a jury will be of primary concern, although months of preparation--including various polls, mock trials and additional jury consultant input--are certain to preface opening remarks.

Although Hornsby goes on "gut instinct" in voir dire, or jury selection, and does not hire a jury consultant, the high-profile Anthony case cries out for the services of second-generation diviners in the tradition of Jo-Ellan Dimitrius, aka, "the Seer," called upon by the defense to help pick jurors and to advise on other aspects of trials.

Dimitrius worked as a jury consultant in cases including those of "Night Stalker," Richard Ramirez and McMartin Preschool; the OJ Simpson case bore her imprimatur, though later, the famed juror-whisperer said she "hoped people did not blame her" for the criminal trial's outcome.

Like Hornsby, the renowned jury consultant and author also admits she uses "gut feelings" about a juror's ability to insure a particular outcome.

Although one study says scientific jury selection, or SJS, is effective as an attorney's gut reaction to a potential juror, nevertheless, beyond the most important aspect of a trial--evidence--using science to pick a jury "is more likely to have an impact where the evidence is ambiguous," according to a Wikipedia overview.

In picking a jury, Dimitrius and others walk blended lines between so-called "horse sense" and a sort of experiential ESP; practitioners are about finding a juror who " ... will view [the] case most favorably" she says.

Subjectively, the aim is to grade potential jurors on "empathy, analytic ability, leadership, gregariousness and life experience, areas of sensitivity and awareness both Dimitrius and Richard Hornsby may equate with gut reaction.

"In death penalty cases," says Dimitrius in her book, "Reading People," the watchwords are "personal responsibility, punitiveness and authoritarianism," attributes which can motivate people sometimes known as stealth jurors to lie during the process of jury selection.

Much has been written about jury consultant firms or so called "hired guns." Often mega-conglomerates of forensic experts in every related field, such firms are akin to multi-specialty medical practices, both comprised of sub-specialty professionals.

It is not uncommon also to encounter specialists practicing in smaller "boutique" firms, offering jury research, venue analysis--where or where not to move a case--juror profilers, "opening and closing statement and design, witness preparation, theme development,' etc.

Often at the ready--for a "consideration"--are statisticians, social and forensic psychologists, psychiatrists, diversity consultants and graphic designers, tasked to create various visual aids.

When a jury is finally seated, is there any doubt their experience won't be remarkable? With instant fan clubs from trial watchers, is there any doubt that interested people the world over will come to recognize members of the jury--via media correspondents and their Blackberries?

Revisiting the 2004 Scott Peterson case, not far from the other Disney World, jurors became Cinderella and Prince Charming-like celebrities; Richelle "Strawberry Shortcake" Nice, nicknamed for her ever-changing shades of pink-red hair, went on to appear in magazines. Seven members of the jury wrote a book about their service in the Laci and Conner Peterson capital murder case.

Only in the hot lights of a high-profile murder trial could "Strawberry Shortcake" not appear half-baked. The person who insisted the prosecution keep Richelle Nice--because he noticed her "righteous anger" when questioned about her tattoos--was Howard Varinsky, of Varinsky Associates, a California jury consulting firm. Varinsky knew Nice when he met that juror, and that she would vote for conviction.

Through the complex trial preparation period, jury consulting firms will window-shop for jurors, and fine-tune their decisions to determine who is a good fit for their side.

According to some consultants, potential jurors will be asked subtle and some not-so-subtle questions; there is even jury selection advice to drive by candidates' houses to BOLO for political yard signs, or bumper stickers associated with someone in the jury pool; in a small town, the locals are often asked about potential jurors, a la John Grisham's "Runaway Jury."

After all the talk, the science and non-science regarding any Casey Anthony jury, there is much to be said, and much unknown, as evidenced in the last few weeks of pre-trial motions and remains-to-be-seen fallout from the defense, or so they would have it, for each upcoming Anthony case.

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According to Richard Hornsby's blog:

"It was recently announced that Judge Strickland will address four of the Casey Anthony Defense Team’s motions at a hearing on December 11, 2009. They are:"