covid trials — "The Velvet Hammer" Blog

Trial Diary Day 9: McNamara v. Nessl civil murder trial

Pack up. Haul bags to car so can return directly to Seattle after trial. It’s beautiful. Cold. A whisper of ice on the windows. Turn on the defroster. The ice disappears without needing a scrape. We start 15 minutes early.

Before beginning Judge Knodel asks if there’s anything to discuss. Asks about JHB’s health. Apologizes to me for never asking about mine. Chuckle and tell him I’m fine. The judge quotes a line. I can tell right away where it’s from. JHB says: what. And is frowning. What did you say about evil. Judge repeats the quote as JHB’s scowl grows. Judge says: it is a line from scripture. He meant it in a light hearted fashion to address I believe things like poor health. JHB looks exasperated. Judge K deflates.

trialKaren KoehlerJune 9, 2022trial diaries, covid trials

Trial Diary Day 8: McNamara v. Nessl civil murder trial

It’s the end of the day. Driving back to the hotel. On the phone with best friend Shellie. Trying to explain what trial is like. And the only word that does it justice is – war. It is war Shellie. In all my years of trying cases, I have never been in a trial like this. Where the defense attorney and I literally detest each other. And it is all playing out in front of the jury. Because the judge is not restraining us at all. JHB is a bully of the highest order. And many years ago my mother taught me what to do about bullies.

trialKaren KoehlerMay 17, 2022trial diaries, covid trials

Trial Diary Day 7: McNamara v. Nessl civil murder case

Rain fell last night. The sun has risen. Look through the window over the top of Fatburger. It is a sparkling cool but beautiful blue day in George, Washington.

Today am wearing a flouncy flowered skirt topped with a beige jacket. Hair ruthlessly clipped back. When I was in college one of my favorite tv characters was Veronica Hamel who played an attorney in The Hill Street Blues. I don’t know if there had been a female attorney before on tv – but she was iconic. She had black longer hair which was not stick straight and she wore it clipped back simply. When I pull my hair back it’s like channeling her.

trialKaren KoehlerMay 16, 2022trial diaries, covid trials

Trial Diary Day 6: McNamara v. Nessl civil murder case

We had trial day 5 on Friday – a day when we should have been able to work on other cases or prep for trial. From 9 to 3:45. Furhad stayed with JHB in Grant County but I had driven home. At least trial for me mercifully was via Webex in the comfort of lululemon with nala at my side. It was nothing but aggravating and did not deserve its own trial diary entry with one notable exception.

In this era of being respectful of other people’s pronouns, the court, JHB and Furhad all decided to not be able to know how to address me.

trialKaren KoehlerMay 11, 2022trial diaries, covid trials

Trial Diary Day 4: McNamara v. Nessl civil murder case

m sitting in a room that is 8 x 6 ‘. Lynette the jury coordinator let me in. My own private cubicle to stay during the lunch hour. The desk is a cabinet with drawers. I love it all.

We started at 11 this morning because the judge had a conflict. One hour to argue. One hour to get frustrated arguing about the same three blasted depositions.

JHB is all over the place. Yet am not fooled. He is persistent and dogged and even if he’s wrong that is his schtick.

trialKaren KoehlerMay 4, 2022trial diaries, covid trials, wrongful death

Trial Diary Day 3: McNamara v. Nessl civil murder case

The ironing board is out. First time have used one for anything but dinner napkins in decades. Have no choice. The black jumpsuit am going to wear is super wrinkled. Turn it inside out and press. Not perfect but it will do. Throw on with white jacket. Add puffy coat. Walk out the hotel door and get hit with a blast of frigid wind that about turns my hair straight.

trialKaren KoehlerMay 3, 2022trial diaries, covid trials

Trial Diary Day 2: McNamara v. Nessl civil murder case

Grant County has a beautiful old courthouse façade set back on a majestic green lawn. But it is not where superior court is. No. If you enter via those pretty portals you have a winding path to follow. First you have to walk to the end of the hall. Down the stairs. Go outside. Across a cement patio. To a separate soulless block of a building with no windows. That is where we are trying cases. And so I enter through that ugly back entrance properly today.

trialKaren KoehlerMay 2, 2022trial diaries, covid trials

Trial Day 7: showing not just telling medical damages

Trial day 7

Part of a trial lawyer’s worry – is the concern that without a clear cut case, pounding on damages may be too much. Perhaps jurors will be pushed over the edge into voting against liability. But while looking at the dynamics from all directions is always a worthy exercise, we are in trial and there is no time to be faint of heart.

Mr. P went through torture ending in death. We must own that. Not shy away from it. At the same time we should be guided by principles of compassion, decency for the survivors’ sake, and overall humanity in the presentation.

Karen KoehlerJanuary 30, 2021trial diaries, covid trials, burn injuries

Trial Day 6: the empath.

If the defense was to bring their jury consultant back, there would be major problems. First, no room for that person to sit. Second, the jurors’ faces are covered by masks. You can see no expression. Every so often you can see someone nod. But there is no real rhyme or reason to that. They are also spread out across the entire courtroom. You can’t glance over at them. You’d have to scan dozens of linear feet.

Part of my being in trial, includes feeling of the jury. Now they are physically hidden. Still, can sense something. They are calm. They are not restless. No one is dozing. They are paying close attention. Some taking notes.

Karen KoehlerJanuary 23, 2021trial diaries, covid trials

Trial Day 4: Anticipating the Defense - and a judge's smackdown (not of me)

Did I tell you that Steve F. got in trouble yesterday. Almost enough to satisfy me. But not quite.

In the middle of damages opening. Tell the jury that the defense expert doctor is going to say he did not feel pain. Steve is hopping up. Objecting on top of my sentence. We aren’t calling any such witness – he charges. Judge Parisien calls a non-socially distanced sidebar in the corner of the conference room perfectly in sight of everyone.

Karen KoehlerJanuary 21, 2021trial diaries, covid trials

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