L hears the magic words, not guilty

One of our attorneys (we have two) started trial last week on a rape charge (there were officially three charges, but let's not get into the details), and she was amazing. I can only fantasize about speaking and thinking half as brilliantly as she does. The trial drew quite a crowd: an assortment of law clerks from both sides, but, to my surprise, no one from either the complaining witness' side nor the client's.

The entire process itself is fascinating. There is so much that goes on when the jury is not present. The judge and counsel set the rules for the game before the trial begins, and when it starts, it becomes a show for these 14 men and women (there are usually 2 alternates). I don't say "show" to cast the trial process as deceptive or trivial, but the trial is a brilliant performance on the part of the legal counsel, who create riveting and compelling arguments that merit strong praise. The trial is taken very seriously because the stakes are high... a man's life is at stake. The lawyers know this and practice their arguments carefully. And they argue not only with expertise but with passion.

There are tears. Testimony of the complaining witness and the defendant are emotional. There are fancy posters and displays. And there are phone records and medical records and experts and detectives.

And after hours of deliberation, the jury found our client not guilty on all three charges. I was happier than I expected upon hearing the verdict. (Contrary to popular belief, after a "not guilty" verdict, the defendant does not walk out, he is actually put back in handcuffs and sent back to jail to sort through paperwork. Quite anti-climatic, eh? Also, the client had served a year in jail before his trial. So much for the right to a fair and speedy trial.) Verdicts like today's are rare, however, I am told. But that doesn't kill our happiness for the day.

Combined with the recent overruling of the handgun ban, this week has reminded me of one of my favorite movies, Runaway Jury. And it's a week that has revitalized an admittedly waning faith in our country's criminal justice system.

Today, I believe in the adversarial criminal justice system more than ever. But I think the truth, that elusive prize, is so much more than "guilty" or "not guilty;" it is neither property of the defense nor the government. I think it lies somewhere in the gray, that in-between that no one can really ever see, not even those involved. And I think the more I am here, the more I have come to understand that the truth matters very little when the lives and hearts of men are concerned.

P.S. Unfortunately, my laptop, Moo, has passed away. I am using a public computer in Georgetown. Shh... don't tell them I'm not a student here.