About Edward P. Schwartz

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So far Edward P. Schwartz has created 59 blog entries.

Pro Files: Bruce Balmer

December 8th, 2015|

If you've ever been involved in the technical aspects of legal videography, you've likely learned a trick or two from Bruce Balmer. He is a regular and frequent contributor on the Yahoo Legal Videography group, offering equipment and software recommendations, and tips on how to correctly record a deposition. Even if you're not concerned with how it gets done, Bruce is a very interesting guy. Bruce Balmer, CIRM, CLVS, CCVS

Pro Files: Robb Helt

December 1st, 2015|

This is the first interview of a new series in which we will take a look at what makes some of the people in our professions tick. If you've been in the trial technology trenches for a few years, you've probably heard of Robb Helt. He started the original Trial Technology group on Yahoo, recently launched a popular podcast series, and has a very impressive resume'. Feel free to follow up with your questions and comments.Robb Helt1.       Where do you currently work, and what is your primary role?Suann Ingle Associates LLC. - Director of Trial Technology and

iPad in Trial

October 14th, 2015|

Jeff Richardson (iPhone JD) recently shared an interesting story of attorney Carolyn Elefant’s use of an iPad and the TrialPad app in trial. He includes a list of several others as well.http://www.iphonejd.com/iphone_jd/2015/10/carolyn-elefant.htmlWhile Jeff and Carolyn share another great story of the iPad in use for things once reserved for computers, one thing we don't read about much is where the iPad falls short in power and function. While the iPad can do many things, it is still not a computer, and there comes a point where its limitations are (or should be) realized - often with specific tasks that would

New Trial Presentation Options

August 30th, 2015|

What’s up with all of the new trial presentation applications being released recently? Will the likes of TrialTouch, OnCue, Limine and Maestro take a bite out of the professional trial presentation market? Are they geared more toward their own (proprietary) in-house use, or toward attorneys wanting to do it on their own? A few of these have already been featured on the popular Trial Technology and Lit Support Podcast (http://www.midsouthtechs.com/generator/). OnCue (http://oncuetech.com/) appears on the surface to be oriented toward the professional market, but with the fallback of using it in-house as a proprietary application. According to their site, OnCue

Jury Selection in Mattapan Massacre Case

January 25th, 2013|

Starting in the summer of 2012, I was retained by attorney John Amabile to assist him with jury related issues in the retrial of Dwayne Moore, accused of killing four people and seriously wounding a fifth in a drug-related shooting in Mattapan, Massachusetts (a neighborhood of Boston). One of the victims was a two-year old boy and the victims were marched outside naked before they were shot, execution-style. Needless to say, the case engendered an enormous amount of publicity.One of the initial co-defendants cut a deal with the district attorney's office, in return for his testimony. This man, Kimani Washington,

Samsung Hard-pressed to Get Second Bite at Apple

October 8th, 2012|

Samsung Digs Up Grounds for AppealThis past week, it was revealed that Samsung had filed an appeal of the verdicts of of patent infringement in the celebrated case filed by Apple. Given the enormity of the verdict and its potential consequences for Samsung's ability to compete in the mobile phone and tablet market going forward, no-one is surprised that an appeal was filed, and filed quickly. What has surprised some is the grounds for the appeal: namely that at least one juror in the case was guilty of misconduct. Much of the focus has been on the jury foreman, Velvin Hogan, against

Federal Courts Address Wave of Online Jurors

August 30th, 2012|

This past week, the new model jury instructions about online research and social media communication by jurors were released. You can read the new instructions here. While they are quite explicit and forceful, they are weak on an important element. Research into the effectiveness of limiting jury instructions has shown that such instructions can only work if jurors are given a rational (but not condescending) explanation for why the instructions are in place. This is why instructions to disregard evidence of a lie detector test (the science is just not very reliable yet) tend to be heeded, while instructions to

Will Wonders Never Cease?

August 29th, 2012|

Jury Consulting in Criminal CasesTraditionally, only a select few criminal defendants have employed jury consultants. Those who have typically fall into three distinct categories.1) Really rich people and celebrities (who are usually really rich). These folks can afford to hire the most expensive lawyers and also pay for a variety of trial support services. If ever you needed proof that jury consulting is valuable, pay close attention to the fact that every criminal defendant who can pay for it does pay for it. 2) Accused murderers facing the death penalty. Because judges receognize that the stakes are very high in

Exciting News!

June 15th, 2012|

Dear Followers of the The Jury Box,It is with great excitement and anticipation that I write today to tell you all that I have recently accepted a position with TrialGraphix, the nation's premier full-service litigation consulting firm. The company website can be found at trialgraphix.com.TrialGraphix, as its name would imply, is known for unparalleled design and execution of courtroom graphics and animation. Many of you know my views on the importance of visual learning among jurors, so I am thrilled to be associated with a firm at the cutting edge of that field. Now, I can not only make recommendations

Who should sentence Tarek Mehanna?

April 12th, 2012|

Today, Judge George O'Toole holds a hearing to determine the appropriate sentence for Tarek Mehanna, the Sudbury man convicted in January of providing material support to Al Qaeda and seeking terrorist training in Yemen.Read the Boston Globe story about the sentencing hearing here.This case is fascinating on many levels and I have written multiple blog entries about it over the past two years. (Find Jury Box Blog posts on the case here). The jury determined that posting pro-Al Qaeda material online could constitute "material support" and that the dangers associated therewith overrode any Free Speech protections. It is important to