of the foundations of our democracy is that a man is presumed innocent until he is found guilty by a jury of his peers in a court of law—not the court of public opinion. Cases are tried in there, not out here.” Tom pointed to the courthouse behind him. “That’s the way it has always worked, folks. It’s the one thing that hasn’t changed much. This trial won’t be long. The facts are pretty straightforward. I represent a good man who has dedicated his life to the law. When this trial is over, if he so chooses, he may stop and say a word or two to you on his way home.”
Tom turned and walked into the courthouse with reporters shouting questions at his back.
The courtroom was empty. Reporters weren’t allowed in for jury selection. Merton was already there with his files spread out on the table. Tom went to the opposing table and took a yellow pad out of his briefcase, laid it on the table, and sat down. The fans were churning, the air conditioners rattling. The old courthouse sounded like a factory. At exactly nine o’clock, Judge Holbrook walked in. The two lawyers started to stand but he motioned them to stay seated. There were no spectators and no reason for the pomp and circumstance. That would come soon enough.
“This is the case of the State of Florida versus Jack Tobin, Case Number 03-CI-759. Counsel, are we ready to proceed?” the judge asked in a loud voice.
Both lawyers stood up.
“The State is ready, Your Honor.”
“The defendant is ready, Your Honor.”
“Okay. Mr. Wylie has expressed a preference for examining one juror at a time so that is what we are going to do. What I would like to do is examine twelve jurors and then we’ll have a conference and see where we are. Then we’ll do another twelve and touch base again until we have a panel. Is that agreeable?”
Tom stood up. “The procedure is agreeable, Your Honor. I just want to make sure back striking is allowed.”
Back striking was a procedure that allowed each lawyer to strike a potential juror at any time until the panel was finally selected and ready to be sworn in, even though that juror had already been passed over.
“Back striking is allowable, Mr. Wylie. However, I hope that you lawyers do not abuse the process. Is that understood?”
Both lawyers nodded.
“While we’re on the subject of procedure, let me tell you how I want objections handled both during jury selection and throughout. You will stand and make your legal objection. If I want argument, I will have you approach sidebar. There will be no speaking objections. Is that understood?”
Speaking objections occurred when the lawyers stood and made arguments in front of the jury. Often it was a tactic to try to influence the jurors.
“Yes, Your Honor.”
“Yes, Your Honor.”
“Are there any other questions?”
“No, Your Honor.”
“No, Your Honor.”
The judge turned to the bailiff who was standing to his right by a closed door.
“Bring in the defendant.”
The bailiff disappeared through the door and minutes later he came back in, followed by Jack and two uniformed police officers. Jack wore a blue suit, white shirt, and maroon tie. He walked over to where Tom was standing and stood next to him. The two officers stood by the wall directly across from him, maybe ten feet away. The bailiff went back to his position by the door.
The judge addressed Jack.
“Mr. Tobin, I’m pretty sure I don’t need to tell you what is going to transpire during jury selection or how I expect you to conduct yourself. Am I correct in that assumption?”
“Yes, you are, Your Honor.”
“Okay then, let’s proceed.”
Jury selection was one of the topics that Jack and Tom had spent a considerable amount of time on during their three weeks of preparation.
“We need to get into the nitty-gritty with each potential juror,” Jack had said at the time. “So we need to question them individually outside of the presence of the other jurors.”
But what was the nitty-gritty? They both believed that each juror had to be asked whether he or she believed that Tom Felton was a serial killer.
“When they say yes, then we’ve got to ask them if they know who you are,” Tom said. “If they say yes to that question, which most of them probably will do, we have to ask them what they know about you. And when they tell us that you got Felton set free, we have to ask them