Law Firms

Dewey trial expected to be 'long legal slog'; what type of jurors will defense seek?

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Defense lawyers for three former leaders of Dewey & LeBoeuf probably won’t want school teachers and administrators on the jury in the trial that is set to begin today.

Those professionals are “punishers” used to handing out discipline, and will be inclined to side with prosecutors, according to Roland Riopelle, a defense lawyer in the prosecution of Bernard Madoff’s inner circle. He is among the experts interviewed by Law360 (sub. req.) about the types of jurors likely to be favored in the criminal trial of the law firm leaders for allegedly misleading investors.

The trial is expected last about six months, a “long legal slog,” the New York Times DealBook blog reports. Jury selection alone could take several weeks.

Defense lawyers claim there was no criminal intent by the former leaders, chairman Steven Davis, executive director Stephen DiCarmine and chief financial officer Joel Sanders. The lawyers will be looking for jurors who will listen to and understand the claim, Pace law professor Bennett Gershman told Law360.

The lawyers are likely to seek jurors who have had bad experiences with law enforcement, experts told Law360. Jurors from blue-collar neighborhoods, however, may be poor picks because they may resent the wealth and privilege of the defendants.

Prosecutors, on the other hand, will want “strong-willed jurors who are going to follow the law and not be swayed by sympathy or mercy,” Gershman said.

Related article:

ABA Journal: “How Dewey management’s rosy picture masked an ugly truth”

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