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February 16, 2006

Book Agents - Grab Juror 241 In RI Lead Paint Trial

Juror 241, who sat for 15 weeks in seat 3 in the jury section of the Rhode Island (RI) paint trial and who has been moved up into the foreperson's seat, has a book in him. 

His gut-wrenching tale is about stepping in to try to decide justice when the task was impossible.  He can describe the conflict and anguish in the jury room as he and the five he was assigned to guide wrestled fruitlessly over the "unreasonable interference" clause in the definition of "public nuisance."  He can also chronicle how he went from being flattered by this honor of being appointed as foreperson to perhaps the worst suffering he's ever had.

Since this is the second time through for the RI lead paint trial (the first ended in a hung jury and this jury wanted to hang it today but was talked into continuing to talk) the book could be called "Second Coat: Justice From Inside The Jury Box."

Public nuisance as a legal theory is just emerging so there should be a brisk market among lawyers, businesspeople and ordinary citizens who might wind up on a jury saddled with this abstraction few can understand.  We in the peanut gallery heard the definition of "public nuisance," looked at each other, and rolled our eyes in sympathy for the jury.

Side Note: Court Room 11 starts, as usual, at 9:30 AM on Friday.  The jury, after leaving early today just as they did Tuesday, will resume deliberations.  At 1:00 PM today they stated in writing that they were deadlocked over the first issue before them, public nuisance.  They agreed to keep trying.

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