When Picking A Jury, How Can My Attorney Dismiss People We Don’t Want?

Ray Hrdlicka – Host – Attorneys.Media

“Let me ask this question. Society today, gets their information from many different sources. The problem is that one of those sources is television shows. And they’re made for entertainment, not made for the truthfulness of the situation. There’s a show out there that talks about picking juries, and they don’t give a reason for dismissal of the individual that’s sitting in the jury pool. They just say ‘dismissed’. So, in reality, that’s not the case?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“No, in reality, it is the case. Here in Pierce County, if we’re about to do a Superior Court jury trial, I’m going to have, depending upon the judge, anywhere from three to six, what are called ‘pre-emptory’ challenges. And they are challenges that I can just say ‘we dismiss juror number 5 or juror number 10’. I do not have to give a reason. But if the prosecutor does that, and it’s somebody of a certain race, I can do what’s called a ‘Batson’ challenge. Then I challenge that dismissal, and I force the prosecutor…basically I am saying ‘I believe that you are kicking them off because of their race’. It forces the prosecutor, in the limited particular scenario, to justify why they dismissed that particular juror.”

Ray Hrdlicka – Host – Attorneys.Media

“Justify how?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Well, in this particular situation, the juror that was dismissed had a father who had been wrongfully imprisoned for about 17 years, if my memory is correct. And the prosecutor felt that juror’s experience with the father, having such a negative experience, would influence them.”

Ray Hrdlicka – Host – Attorneys.Media

“Well, obviously, all he has to do is point out, to that answer, and he satisfied your request. Is there anything other than pre-emptory challenges?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“There are…there are challenges for cause, and with those you have to specifically give your reasons. So, let’s say somebody said, ‘I think that every young black male was guilty of something’. If a juror said that, in my particular trial, then I’m going to ask the court to excuse them for cause. There’s no way they can be unbiased in this situation, and the court will dismiss. And I’m not limited in the number of jurors I can challenge for cause.”

Ray Hrdlicka – Host – Attorneys.Media

“Oh, really?”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Yeah, that’s unlimited.”

Born and raised in Colorado, Mr. Freeman stayed in the Pacific Northwest after graduating cum laude from Seattle University School of Law in 1995, at which time he was awarded the National Order of Barristers by the National Board of Governors. After gaining extensive trial experience as a prosecutor for the City of Tacoma, Mr. Freeman worked locally for several small law firms focused on personal injury and criminal defense. In 2000, he began to work at a downtown Seattle law firm, where he worked with some of the best lawyers in the nation. During the better part of the next six years, Mr. Freeman was blessed to do work for one of the largest national television providers litigating matters involving the theft of encrypted satellite signals. During this time, he worked closely with corporate counsel and assisted in developing and managing a national litigation campaign. He appeared in federal courts throughout the nation, gaining extensive experience in both federal court litigation and the pursuit of intellectual property thieves attempting to hide on the Internet.

In late 2005, Mr. Freeman decided to open a practice in Tacoma, where his family was growing. Mr. Freeman’s connections locally and nationally nourished his practice over time. He has served the local community as well as handling cases in federal courts across the country. Locally, Mr. Freeman has assisted local businesses in such matters as contentious shareholder disputes and individuals in matters ranging from catastrophic injuries to class A felonies as well as lawsuits against insurance companies for bad faith claims practices. He tried a Whatcom County Superior Court case for a bail bond company that resulted in the first appellate law in Washington truly outlining the rights of fugitive recovery agents. He has tried cases in many counties throughout the State of Washington, argued before the Court of Appeals Division I and Division II and the Washington State Supreme Court.

Mr. Freeman’s practice has taken him beyond Washington State, where he has handled cases for national Internet multi-media companies enforcing copyrights in states such as Florida, Nevada, Arizona, and California. In those cases, he has successfully argued for jurisdiction in the United States against individuals that reside in other countries. Mr. Freeman also represented a publisher against sheriffs regarding First Amendment Rights to distribute a magazine in county jails, resulting in arguments before the Ninth Circuit Court of Appeals and the first case law of its kind. He has argued before the Ninth Circuit Court of Appeals five times and submitted a briefing to the United States Supreme Court.

On more than several occasions, Mr. Freeman has been retained by parties on the near eve of a trial solely for purpose of being lead trial counsel. One such successful case was against the U.S. Department of Justice in their first trial attempting to enforce the CAN-SPAM Act for the actions of independent contractors.

Mr. Freeman’s passion and strength lay in front of a jury. He finds a beautiful balance between fact witnesses, statutes, case law, rules of evidence, and the different contexts of each jury. Most cases find a resolution before trial, but the best resolution occurs when counsel is prepared to try the case. And, when a case cannot find resolution, Mr. Freeman loves to go to work.