ILNews

Judging the jury

Dave Stafford
January 30, 2013
Back to TopCommentsE-mailPrint
Indiana Lawyer Focus

Dennis Stolle is a partner at Barnes & Thornburg LLP, but his skills as a doctor of social psychology are more important in his niche as a jury consultant.

“It might be 60 to 70 percent psychology and a healthy dose of legal strategy as well,” said Stolle, who is president of the B&T subsidiary ThemeVision LLC in Indianapolis. The company is one of a handful in Indiana that specializes in jury consulting.

“We approach this very much from a psychological perspective in terms of biases potential jurors may be bringing to the table,” Stolle said. “Our goal is to go much deeper than simple demographics … what are the particular life experiences, attitudes, life opinions that might filter the evidence in a particular case, and how are we going to learn during voir dire who has those life experiences?”

stolle-dennis-15col.jpg Barnes & Thornburg LLP partner Dennis Stolle is also president of subsidiary ThemeVision LLC, which provides a range of services that includes jury consulting and advising attorneys during jury selection. (IL Photo/ Perry Reichanadter)

Stolle said reams of peer-reviewed literature provide baseline background information about the biases among particular groups of people that may be predictors of a juror’s decision-making. A Yale University study published this month, for instance, noted a male bias against overweight female check-fraud defendants in a mock case.

Nevertheless, Stolle said, “Nothing about being male or female is going to cause you to decide a certain way. … It’s going to be the life experiences and these deeply held views.”

Consultants say that as civil trials become scarcer, those likelier to go to trial are the “close” cases and high-stakes litigation in which consultants may play a role in researching and advising on jury selection. But consultants also can be helpful to determine whether a case should go to trial.

“Picking a jury is probably one of the more limited things a jury consultant does nowadays,” said Scott Weathers, an attorney who has handled both sides of insurance litigation and is president of trial consulting firm First Jury Inc. in Indianapolis. Weathers noted the decline in cases proceeding to trial but said consultants still have plenty of work conducting mock trials and preparing witnesses as significant cases progress toward settlement.

Jury consultants customarily will conduct mock trials using the jury pool in the jurisdiction where litigation has been filed. The expense varies. Weathers, for instance, said First Jury’s typical fee is in the range of $20,000 to $75,000 depending on such factors as locale, travel and complexity of the case.

Weathers said his company has conducted mock trials in 20 to 30 states for plaintiffs and defendants in civil matters. Market research firms are used in the target jurisdiction to select 10 men and 10 women who qualify as potential jurors where the case is filed. Mock jurors are paid for their participation and are provided meals as an actual jury would be.

The mock jurors answer jury questionnaires and hear both sides of the case as the consultants believe it would play out in court. Each juror provides an individual verdict along with rendering verdicts as a jury.

“When jurors start deliberating, it is a fascinating thing to watch,” Weathers said, noting the deliberations typically take place where jurors can be viewed through a two-way mirror. That’s where biases tend to emerge, and where consultants can gain a measure of the kind of life experiences that may shape a potential juror’s view of a case.

“It tells you what kind of people want to ring you up, so to speak, and what kind of people are more sympathetic to your case,” Weathers said.

Amy Pardieck is a trial consultant and president and founder of Bloomington-based Perceptual Litigation LLC. An expert in witness preparation, focus groups, mock trials and jury selection, she has worked as a consultant around the Midwest on environmental, product liability, medical malpractice, contract, patent and other litigation.

Pardieck said she puts little stock in demographic data as a predictor. “If it worked that way, it would make our jobs easier,” she said. “Human brains are far more complicated than that.”

With a background in clinical psychology, Pardieck said her training provides insight that some attorneys may lack.

“I can identify how people process information,” she said. For instance, some people’s information processing is procedure-based; others’ processing is rule-based. Some make snap judgments and some are contrarians. Among the things Pardieck looks for in potential jurors: “Which of those ways of processing information would be most advantageous for coming to a favorable result for our side?”

Attorney Mike Casati with Campbell Kyle Proffitt LLP in Carmel recently was part of a team representing a third-party defendant in a weeklong trial that involved home construction issues. Stolle served as a consultant.

“Dennis came in and was involved in doing the prep work on that jury selection, and I though he was a tremendous asset,” Casati said. “Not only

is he analyzing the jury questionnaires and pulling together some information with respect to the potential panel, but he also comes into the case with fresh eyes.”

Stolle noted a paradox exists during jury selection: Potential jurors think the process tends to drag on. “For trial counsel,” he said, “it seems like it’s happening very, very fast.” Multiple assessments are being made based on potential juror response.

“We also assess the demeanor of potential jurors during the questioning that occurs, and that’s probably the most revealing factor of all,” Stolle said.

Such observations may provide clues about who may be selected jury foreman or become thought leaders among the group, he said. Those people tend to have a willingness to speak, aren’t reticent, clearly articulate responses and are confident. Another important factor: They must be pleasant, Stolle said.

“You can predict with a good degree of certainty that the manner in which they respond to a question will determine whether they end up taking a leadership role,” he said.

As the number of jury trials declines, Weathers said jury consultants will continue to have importance for plaintiffs and defendants, particularly in mock trial situations.

Consultants can help make cases for settlement, and Weathers said he strives to play moderator when conducting mock jury trials. “The last thing I want to have happen is for them to think it’s put on by one side or the other,” Weathers said. Rather, he tells mock jurors, “People are trying to find out without going down to the courthouse what the case is worth, so please help us determine that.”

Mock trials also can be of benefit for clients who may think their case is worth more than it really is. If a client insists a case is worth millions, for instance, a mock trial verdict of a few hundred thousand dollars may be a reality check. “That recalcitrant client becomes a little more amenable to settling in the range they should settle,” Weathers said.•

ADVERTISEMENT

  • Dennis Stolle is Great
    I worked with a group of attorneys in Marion County to revise the decades old jury questionnaire. Dennis went out of his way to help, and provided really valuable insight that we may never have considered. Really smart guy. Thanks for the piece to let other lawyers know!

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

ADVERTISEMENT