Stephen L. Richards
Law Firm of Richards and Lyon
773-817-6927
[email protected]
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Strategy
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Pretrial Litigation
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Jury Selection
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Evidence, Argument, and Jury Instructions
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One Juror – Defense Wins
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Reasonable Doubt
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Residual Doubt
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Rules of Evidence
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Larry Mack – 4 jurors didn’t believe felony murder
killing was intentional
James Huff – 12 jurors didn’t believe child was
intentionally killed during course of sexual assault
Maurice LaGrone – 12 jurors decided that defendant
did not have the intent to kill more than one person
William Buck – two jurors didn’t believe that officer
was acting in line of duty
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Multiple murder cases?
But . . . Check to see if prior murder qualifies
 Arson cases --- is there an intent to kill more than
one person by a single act
 If felony murder or accountability did your
defendant intend to kill or know
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More than one aggravator?
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Numbers count
Some aggravators are worse than others
Chance to train jury in one juror verdict principle
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Felony murder –
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Actual killer or wounder
Mental state
Was the felony established beyond RD
Police officer -- in line of duty or known to
be police officer
Cold and calculated – “cold” and
“premeditated”
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Eligibility Factors not in Indictment
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Notice of Intent (Not specific enough)
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Unprovable – request for evidentiary
hearing
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Ask for the Zehr questions on eligibility, if
there is going to be a good eligibility issue
Ask to modify the Morgan questions, based on
the aggravating factors
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The “Mack Error” Rule
Check to See Which Evidentiary Instructions
you Need to Repeat from the First Phase
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Ask for Separate Verdict Forms for Each Factor
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Look for non-IPI definitions as to each factor
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For murder to be “cold,” it must be not
motivated by mercy or the emotion of the
moment, and the defendant must kill without
feeling or sympathy. For a murder to be
“calculated and premeditated pursuant to a
preconceived plan, scheme, or design,” it must
have been deliberated or reflected upon for an
extended period of time, and must have been
thought out well in advance of the crime.