so you're on the jury -- what would you have done?

[Jack Burton]

I'd stand up and say, "If you point that gun at me again I'll shove it up your sphincter."

First—and it’s hard to believe this even happened, but numerous eye witness accounts attest to it—shortly before ending the cross-examination for the day Assistant Prosecutor Aritha Siringaspicked up Wafer’s shotgun and pointed it directly at the jury, finger on the trigger.
One assumes this was done through negligence, rather than intentionally—it would be most awkward to see Prosecutor Siringas bring charges against herself for fourteen counts of aggravated assault with a firearm.
Nevertheless, the jury was sufficiently alarmed by being swept by the shotgun’s muzzle that there were audible gasps, one jury was seen with her hands clasped to her face, and Judge Hathaway was compelled to call a sidebar and order Siringas to keep the muzzle of the shotgun pointed downward, thank you very much.

Renisha McBride | Theodore Wafer | End-of-Day #8 Wrap-Up

 

[rob63]

Considering that the defendant said that the shooting was an accident it seems like an odd strategy for the prosecution to attempt to accidentally shoot the jury.

 

[Kirk Freeman]

request by the defense for a mistrial

Mistrial or a GREAT bit in closing argument!

 

[Hookeye]

I'd have told her to put the scary spatula away and get her stupid arse back in the kitchen.

 

[ScouT6a]

This is not really a huge deal to me. I guess that comes from my military career where we pointed weapons at each other in training all the time. From empty guns to guns loaded with blanks and fitted with MILES gear (high tech laser tag) to live fire lanes training and live fire shoot houses where your buddy may be engaging targets a few feet off your shoulder.
If I were on the jury, I would have expected to see the prosecutor check to see if the shotgun was clear when they picked it up. If that was done, I would not have freaked out and threatened to shove it up anyone's a $$.
It's all situation dependent, I suppose, and everyone has different levels of training, comfort and experience.

 

[Mark 1911]

I may not be very familiar with courtroom protocol, but in that situation, I think I would speak up politely but firmly and request that guns not be pointed at the jurors.

 

[LarryC]

I would say one thing ~ noting the stupidly of the prosecutor, I would have a very hard time finding the defendant guilty.

 

[HoughMade]

In my Trial Practice class way back when I was a 2L, we were "trying" a mock murder case. One of the guys in my class wanted to add some realism, so he brought a snub nose .38 to be part of the evidence. During the closing, he waved the gun around, finger on trigger. Actually, it was worse than that. He pointed the gun at the members of the mock jury (myself included) in an attempt to influence us regarding mock fear the mock victim would have felt during her mock murder.

We had words.

As a side note, for you trial lawyers or aspiring trial lawyers out, thinking of that class has reminded me how "paint by numbers" NITA teaches how to try a case. Thankfully, I've forgotten most of what that material taught.

 

[Fargo]

I would say one thing ~ noting the stupidly of the prosecutor, I would have a very hard time finding the defendant guilty.

Making such a statement would almost certainly result in your removal from the jury. Jurors are not to make a decision until the trial is completed...

 

[Hookeye]

Different levels of training, comfort and experience.....................yeah, no cop or mil person ever does a boom-oops.

 

[87iroc]

Mistrial or a GREAT bit in closing argument!

I was thinking the same thing. IANAL but I remember in a movie where a prosecutor tried to get the defendent to pick up a knife and hold it or something and it was objected or something(IANAL...all I know I see in movies)...because they didn't want the jury to be able to visualize the knife in the defendents hands or something.

Anyway...IANAL...thankfully all I know about guns I did NOT see on TV.

 

[KittySlayer]

Considering that the defendant said that the shooting was an accident it seems like an odd strategy for the prosecution to attempt to accidentally shoot the jury.

Especially using a gun that has an alleged history of accidentally discharging. Good thing the jurors were not drunk and high.

 

[ScouT6a]

Hookeye, I would agree with you that it does happen but it happens more often to police than military for sure.
In the military, safe weapons handling is drilled into you on an ongoing basis as long as you wear a uniform and carry a weapon. That is not generally the case with cops. Most LEO'S from urban environments that I know/have known, don't know much when it comes to weapons, aside from what they carry personally.
In the military, especially combat arms, we lived with weapons. Trained, ate, slept and fought with them. They become second nature. Within arms reach.
Ask any soldier who has deployed for a year how many times they reached for their weapon the first few days that they were home on leave.

 

[HoughMade]

....I remember in a movie where a prosecutor tried to get the defendent to pick up a knife and hold it or something and it was objected or something....

It would be great for a prosecutor to get the murder weapon in the defendant's hands in front of the jury and that hardly ever happens (unduly prejudicial) UNLESS the defendant has made some sort of claim about the weapon, won't fit in hand, I don't know, something like that, where having him hold it is legitimate rebuttal.

If it were me....and my client were believable and had already testified, if the prosecutor tried that in open court, I'd have my client practiced up to stage whisper something like "I've never touched that thing and I'm not going to now." If it can come off as spontaneous and legitimate.....but it's risky.

 

[ModernGunner]

Depending on where I'm located in the jury box, and the proximity of said Prosecutor, probably the same thing when a fellow Officer drew his gun and 'jokingly' pointed it at me, grab the barrel and smack Assistant Prosecutor Aritha Siringas right in the face.

'Curiously', the Officer in question never pulled that stunt on anyone, again.

 

[Frankingun]

Y'all are being too harsh. She was the only one in the room professional enough to handle the gun in question.

 

[Who Dares Wins]

Can't you get her arrested?? It looks like the Judge did not order this!

 

[MikeDVB]

Can't you get her arrested?? It looks like the Judge did not order this!

I guess that's just part of being the elite few.

 

[HeadlessRoland]

Y'all are being too harsh. She was the only one in the room professional enough to handle the gun in question.

But it wasn't a fo'tay. Or a fo'tay-five.

 

[Fargo]

I guess that's just part of being the elite few.

Mebbe, mebbe not. Did anyone file a criminal complaint and if so, what does Michigan's statute say?