Picture it.

Picture it. Right-handed Cheyenne, pointing the gun to her head with her left hand — because the cigarette and lighter are in her right — how in the hell does this not fly in the face of reason? What is she thinking as she does this? Should I light my cigarette or blow my brains out? Unlikely is putting this scenario kindly. So, the close-up of her cigarette and lighter in her right hand is an obstacle for Justin’s Wizard to avoid stumbling over. Oh, but if it had been impounded, it would have been a mighty battlement.

Why you ask? Because. Jurors love physical evidence. It is good the paramedics remember and the I.D. tech. took pictures of the objects in her hand, but it is not the same for a jury in deliberation. Admit it: When I mentioned an imaginary box of evidence to go with the book, you wanted it! So, they love their evidence, that is, their physical evidence. Even smart juries commonly forget or disregard testimony. Testimony is not tangible. It is subject to interpretation and human recollection. That is hard work for 12 separate minds over days, weeks and sometimes months.

The first thing every jury does is elect a foreman. The second thing they do is take their evidence out of the boxes and get it up on that table.

 

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