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It is also highly problematic that you've already decided how long the jury can be out. Again, and I mean this with the utmost respect to your position on the bench, this Court has never tried a capital case. I understand that you might be unsure of exactly what time it will consume. You likely will see one or both of us in this office every day for the last two months prior to trial. We will need material witness warrants or search warrants. We will require you to sit in on potentially sensitive depositions. You will have to oversee myriad portions of this trial and each one will require time that it appears you will not have."I have tried a death case, Your Honor. In the last one I tried, the jury was out for 11 days before coming back with a verdict. That cannot be rushed. If you declare a mistrial because of your schedule, a host of issues will crop up on appeal. You're also forgetting about the penalty phase. That phase is required to start no later than seven days following the. Even though the first question was tough, I knew that each one would require an honest answer.I'd never really dealt with a child other than peers when I was one. There was Katie though. She was just shy of four and her questions were simpler, uncomplicated ones. I knew I couldn't talk to Michelle like I'd talked to Katie. That just wouldn't work.Peers don't count either. Questions didn't count when I was Michelle's age. We all shared in the questions and we had our friends to "discuss" our concerns with, rather than ask an adult for an answer.I was going to have to learn a skill real quickly. You see, the very first question from Michelle was, "Dad. What was that thing in your nightstand that buzzed?"Talk about getting right into the center of a tornado! I felt like Dorothy as she was lifted aloft and spun around. I'd seen it many times in movies and in real life. You know. A kid asks a difficult question and one parent says, "Ask your Mom!" or "Ask your Dad!"That was my first.
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