If you had ever served as defense counsel and even more if you have ever served on a jury in a felony trial, and I’ve done both, you know something different than the traditional take on presumed innocence.

There is a strong current of presumed guilt in felony trials. The jury is instructed endlessly about reasonable doubt, but they take their prejudices into the courtroom with them. And belief that “the police wouldn’t have arrested him if he didn’t do something” is one of the strongest.

The belief that the authorities tell the truth is another. Despite the burden shifting to the prosecution, I think the real burden is on the defendant to knock some hole in the prosecution’s case so that the jury think he might actually be innocent, and it’s not always easy to do it either.

Credibility contests tend to get resolved in favor of the prosecution. Not always or in all circumstances, but enough of the time.

There’s a strong authoritarian streak in America and a lot of people think the government is always right.

White racism is an ugly thing. So is black racism.I don’t put up with either one here.

I wonder if Libby’s freedom will cause angry and distrust of the legal system the way OJ’s did?

I wonder if Libby’s acquittal by a mostly white jury, in that he is a white male being adjudicated in a mostly black city, will cause the public to disavow the jury system, the white americans did after the OJ trial?

My guess is that it will not cause a commotion. Why, because of the kind of ratiocinations inferred in the above mention blog.

Perhaps to paraphrase Mr. Dawkins, the activity should be called “The White Race delusion”.

An people of color are fighting and dying in Iraq for what?

Hey, why be harsh at the “flaky?” We people think no two-snow-flakes are alike? Wrong. Some star snow flakes are never-two-same-same, true. But, in the molecular level world, nothing is ever the same-same identical, anyway. Take away one small molecule from a cumulus snow-Flake and it’s different. That’s not cynical, it’s fact. No two people weigh in in Life’s battle weighing or looking the same.

So, Swami. I have no idea of what’s a better word than FLAKEY, either. Let’s repeat, No two people are the same. No two roses are identical. No two dogs are alike. All politicians are flakier, yep, your right? I think. I heard this discussion on a radio frequency.

Last time I was on a jury was to determine damages in a simple accident with only 9 of 12 required to agree, which was hard enough. I was 19. Another older juror remarked — in direct violation of our instructions, of course — that he worried about where the defendant would get the money to pay, and that all lawyers are just in it for the money. I stated, “That’s cynical.” His retort: “You’re cynical.”