‘Uncommon’ authorized methods in Karen Learn retrial, consultants say – NBC Boston

Among the many viewer questions we have been getting for “Canton Confidential,” our nightly Karen Learn trial recap present, are ones about authorized methods that the attorneys have been utilizing thus far.

They’ve intrigued us, too, among the many variations between the primary and second trials, so we requested two of our authorized analysts about a few of what we have seen thus far. They noticed a pair they’ve not often seen, or not often seen used so successfully.

Karen Learn interviews in courtroom

One very evident technique is Particular Prosecutor Hank Brennan exhibiting video proof from interviews of Learn in courtroom between witnesses, weaving her personal phrases into the narrative he is enjoying out.

Have questions in regards to the Karen Learn trial? Electronic mail them to us at canton.confidential@nbcuni.com.

Retired choose Jack Lu, who spent greater than 20 years on the bench in Massachusetts, was extremely complimentary of the type, saying he might not have seen it completed so nicely in his profession.

“It is a uncommon occasion of a very extremely expert lawyer utilizing digital media within the courtroom,” Lu mentioned.

Nevertheless, he cautioned that it is nonetheless early within the trial: “It is pure that it will look good for the prosecution, so we do not need to give that an excessive amount of weight.”

The connection between Karen Learn and John O’Keefe took heart stage Thursday in her homicide retrial, with prosecutors exhibiting the jury a collection of textual content messages between them reflecting some stress quickly earlier than he died. Additionally they confirmed video of interviews by which she mentioned consuming the night time earlier than he died.

Protection lawyer Morjieta Derisier mentioned that, whereas defendants’ voices often do not get used of their instances, and that, as an lawyer, “it’s a little cringey” to listen to a consumer’s interviews performed in courtroom, there could also be upside.

“She wished her story instructed, and it is simpler to manage that narrative while you’re doing interviews versus somebody telling your story with out you being current,” Derisier mentioned.

She additionally famous that there is a rule that attorneys must share the total context of proof — “you can not cherry choose the items that you simply need to are available in” — so it is doable that the protection will play the total model of movies.

Karen Learn at choose’s sidebar

Learn, who’s been very lively in her protection all through her authorized saga, has began going together with her attorneys to sidebar discussions — the place the choose discusses authorized guidelines or issues out of earshot of the jury.

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Electronic mail inquiries to canton.confidential@nbcuni.com.

Is she even allowed to try this? Sure, say Lu and Derisier, but it surely’s uncommon.

Whereas she “completely has the suitable to do it,” Lu mentioned, he struggled “remembering a case in 21 years the place I had a defendant who was coming as much as sidebar for every part.”

Pool Photograph by Greg Derr/The Patriot Ledger

Pool Photograph by Greg Derr/The Patriot Ledger

Leaving apart individuals who characterize themselves in courtroom, “it is not uncommon for jury choice,” Lu mentioned, including, “it’s actually uncommon for a complete trial.”

Derisier agreed, saying, “Karen Learn, as you’ll be able to inform, may be very concerned within the course of.”

Watch the video atop this story for rather more on the authorized technique on show within the Karen Learn retrial as mentioned in “Canton Confidential.”