Tips/Advice on Jury Trial Presentation

[David_393]

Jurisdiction

Texas

Greetings! I am preparing for trial soon (pro se, petitioner). I am here posting because I am a father seeking insight on how my presentation is presented to the jury. It will be done using a projector in the courtroom. You will see examples below. In particular, I am posting some screen captures of my presentation of how I have things laid out. There will be links to unlisted YouTube videos where you can see this.

There's alot to say, but I refuse to fall into the deathtrap of writing 12 pages to explain it. To give a very quick idea on the background of this case without writing a book:

I am a father with temporary orders to see my child who will be three soon. I am the petitioner. In this case, I wish to be named Sole Managing Conservator of my child. I seek final orders via a jury trial against the mother, the respondent. (This is very rare but allowed in Texas). During trial, As a background to my case I will allege she has three children with three fathers - and keeps the children away from their fathers by falsely claiming abuse. None of the fathers have physical custody. I have visits with him in her home twice a week as we are weirdly on an infant visiting schedule still. But, this works for now. I am keeping it this way until trial.


There are several issues I will show to the jury, backed up with documentation you will see shortly:


1. She has done everything in her power to block me from the child, as well as the fathers before me to their children.

2. She has allowed multiple partners/people around our child in an unhealhy way. (Confusing him on who daddy is, etc).

3. Large amount of alcohol use in home at once for a "single mother" - (Tequilla, Hypnotiq, wine, rum, gin, 2 gallons of sangria, etc)

4. Condition of home is unreasonable - weeds 6ft high leading to fleas in home - inside of home is not suitable

5. She owns a daycare which has had child abuse and multiple felony arrests - I compare the conditions of the center to her home. This is a long story which I will not get into.

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The links below will bring you to video captures in my presentation, and my questions listed with them. There is audio on one of them, and they are not the greatest quality because of the capture software. Frame capture rate is low and information has been redacted for privacy. (Note on recordings : All images, records, recordings follow the rule of optional completeness, entire recordings are always available for the jury to hear if requested.) Each page you will see in the video may or may not have small icons at the bottom of the page, which open text messages, recordings, other data. Most are not shown here.


Buildup of case (no sound)
Description Images of my son and I from day one, records of parenting classes I took.


Link

Question Images of my son and I are laid out with a few on the screen at once. Parenting class certificates also shown. Are there any issues with this? (Physical copies will be taken to the courtroom as well.)



Recordings, Timelines (Sound sample at :33 seconds)
Description Phone/Voice recordings captured of respondent - timeline of events showing 3 fathers, 3 children, and others she brings around children.

Link

Question Each quote on the screen is something she has said, and can open to play the recording in the exact moment she said it- with no delay. Is this ever done in court this way? What are your thoughts on this? Any issues? Also, are there any issues with the timeline that could cause me trouble? (assuming I have documentation to show she has has these people around.)



Documentation of Home
Description Images of inside/outside of home. Images of wine bottle corks in home and in child's mouth; child poking stick at cat vomit; interactive click-within-click (ex: clicking on sink opens the sink image); Text Messages shown.


Link :

Question : Any issues with bringing up images in the manner? Is the text message format acceptable? (Phone will be in court with physical data.)



Presentation of Data related to Daycare
Description Highlighted text shown/Bar graph comparison/Compliance Data Presented


Link

Question Only slide with lots of text on screen - too much? Suggestions? Is the bar graph acceptable? Is the daycare's bar being red going to be an issue? I wanted to highlight it red to show how it compares to other daycares in area. State daycare compliance history was saved and put into a popup window which can be viewed by scrolling.



Every slide has an identifier at the bottom left. (Example: 13A) Feel free to leave feedback with a specific page number. All feedback or questions answered is appreciated.

 

[army judge]

Trial tips from decades of practicing law:

Less is always more.
Always imagine yourself to be a member of the jury and/or the judge.
How would you feel when you see, hear, or experience the information you are presenting?
Again, less is more.
KISS = Keep it simple stupid
ABC = Always Be Concise

In domestic relations cases, never bad mouth the other party.
Its always best to tell the court WHY you would be the best parent.

Ask yourself, is court the best venue to address your problem?

If the home is bad enough to have your kid removed and custody vested in you, what about the other kids that will remain with her?
That begs the question, would CPS be better equipped to protect all the children.
If your interest is ONLY for your child, how does that make you look to the jury about teh other children?

Flashy presentations might work in a "B" School (when one is studying for his or her MBA, but not necessarily so in a Texas courtroom.
Does the slide or video do anything more than you could do if you simply told the jurors about?

Brevity leads to clarity.


Now, where in the proceedings do you THINK any judge (of which I am one), or any opposing counsel (yes, I have been one, too) are going to let you prattle and yammer on for hours?

Where do you propose (or expect) you'll be allowed to present your "movie" or "video highlights"?

Everything you plan to use must first be admitted into evidence before a judge will allow YOU to present it before the jury.

Do you even know the GENERAL flow of things in a CUSTODY HEARING?
By the way, its NOT a trial, and that's a BIG difference.

You can pretty much forget being granted SOLE MANAGING CONSERVATORSHIP.
Based on what you allege alone, POSSESSORY CONSERVATORSHIP might be possible.
At least PC vs. SMC is a better possibility.

Read this, learn it, know it...

FAMILY CODE CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS

Whatever a judge or jury decides is predicated upon this KEY principle:

Sec. 153.002. BEST INTEREST OF CHILD. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

Now, here's what her attorney will use against you.
It starts with what you say about her character.
She has TEN babies with TEN fathers.
You alone, yes you, chose this woman to breed.
If she was good enough then, the court won't second guess her today.

If your child is being kept in filth, other kids are also being kept in filth.
If she's neglecting your child, she's neglecting other kids.

That's why you focus on what a great father you are (or could be), not hat a rotten mother she is.
Truth is, it'll take far more than what you allege to wrest that child from her.
The court knows BOTH parties shine themselves up, while throwing feces on the other party.

 

[army judge]

One more point.

If you had never set foot in a medical school, never became a physician, would you attempt open heart surgery on yourself?

Heck, even if you were a surgeon, you wouldn't operate on your own heart.

If you've never tried a case, you don't want to pretend you're Perry mason, Ben Matlock, Clarence Darrow, or Mickey Haller.

The opposing counsel will slaughter you.

in fact, if you don't know Texas rules civil of procedure, the rules of the trial court (or hearing officer) where the case will be heard, and how to try a case; you're setting yourself up for slaughter.

there's no way you can acquire this knowledge like one might from looking at a YouTube video, or reading the instructions on how to assemble a book case bought at IKEA.

 

[David_393]

Thank you for the reply. I am taking in everything you have said so far. You seem very active here. I have to face each of your responses one at a time, as there was a bigger reply than expected. One thing I am confused on now is when you asked where I would be able to present all this :

"Now, where in the proceedings do you THINK any judge (of which I am one), or any opposing counsel (yes, I have been one, too) are going to let you prattle and yammer on for hours?"

In a short hearing, there's no way I could see this. Please don't think I am coming in here like a know it all. I was looking particularly at the family code:

Sec. 105.002. JURY. (a) Except as provided by Subsection (b), a party may demand a jury trial.

and

(c) In a jury trial:

(1) a party is entitled to a verdict by the jury and the court may not contravene a jury verdict on the issues of:

(A) the appointment of a sole managing conservator;


From what I read online during research and hear from local lawyers - this is a very rare event. Only 50 or so such trials in TX per year. And Texas is the only state that allows such a procedure for custody.

I figure (and yes, I don't mind being called out if I am wrong) - that during a jury trial, I will have the opportunity for an opening statement, cross-examination, presentation of evidence and closing statements. Is this wrong?

I have posted a couple other places now and there seems to be a consensus that this will be a hearing more than anything, without anyone asking exactly what I am doing. You were the first to ask.

In short, this IS a trial, correct? Where I can go up there and talk for hours, if needed. (And look like an idiot when I do it wrong.)

 

[army judge]

Thank you for the reply. I am taking in everything you have said so far. You seem very active here. I have to face each of your responses one at a time, as there was a bigger reply than expected. One thing I am confused on now is when you asked where I would be able to present all this :

"Now, where in the proceedings do you THINK any judge (of which I am one), or any opposing counsel (yes, I have been one, too) are going to let you prattle and yammer on for hours?"

In a short hearing, there's no way I could see this. Please don't think I am coming in here like a know it all. I was looking particularly at the family code:

Sec. 105.002. JURY. (a) Except as provided by Subsection (b), a party may demand a jury trial.

and

(c) In a jury trial:

(1) a party is entitled to a verdict by the jury and the court may not contravene a jury verdict on the issues of:

(A) the appointment of a sole managing conservator;


From what I read online during research and hear from local lawyers - this is a very rare event. Only 50 or so such trials in TX per year. And Texas is the only state that allows such a procedure for custody.

I figure (and yes, I don't mind being called out if I am wrong) - that during a jury trial, I will have the opportunity for an opening statement, cross-examination, presentation of evidence and closing statements. Is this wrong?

I have posted a couple other places now and there seems to be a consensus that this will be a hearing more than anything, without anyone asking exactly what I am doing. You were the first to ask.

In short, this IS a trial, correct? Where I can go up there and talk for hours, if needed. (And look like an idiot when I do it wrong.)

Our Texas constitution allows jury trails even for the most minor things.

Last time I checked, only eleven states allow juries in divorce proceedings: Colorado, Georgia, Illinois, Louisiana, Maine, Nevada, New York, North Carolina, Tennessee, Texas and Wisconsin.



Traffic citations can be contested before a jury, as can class C misdemeanors or ordinance violations.

It may be rare in some areas, it isn't in Central Texas and West Texas.
It tends to be rare in urban centers, yet is quite prevalent in Austin and Travis County.

Contrary to what most believe, a trial isn't a debate.

Don't expect to talk for hours.

Most judges won't tolerate that, as a trial isn't a filibuster.

Again, less is more in these matters.

You will be allowed an opening and closing statement, both of which are time limited according to the presiding judge.

Most of the time you're allowed no more than an hour for opening and closing statements.

There is little restriction on time during direct and cross examinations.

Evidence is presented during your portion of the preceding (plaintiff or defendant).
Evidence in teh sense of when you try to get it entered as evidence.
All of the stuff you call evidence is nothing until admitted by the trial judge, after any objections by opposing counsel.

Yes, as you proffer things, it would seem you will be involved in a trial, although it can be called a hearing in some areas.

I would caution you to something i learned years ago.

In a bench trial, you need only convince one person to rule your way.

With a jury, in these civil matters, you must convince 5/6 of the jurors, as in 10 of the 12 to rule your way. That, my friend. is much harder than convincing one (the judge).


The following issues describe what a jury may decide:
1 Which person is appointed sole managing conservator, joint managing conservator, or possessory conservator
2 Which joint managing conservator has the exclusive right to designate a child's primary residence
3 Whether the child's residence will be subject to a geographic restriction, and if so, what the restriction applies
4 Termination of parental rights

On the other hand, the judge, not the jury, will decide the following issues:
1 Visitation schedule
2 Child support
3 Parental decision-making powers
4 Division of community property
5 Spousal maintenance (alimony)
6 Adoption
7 Paternity
8 Enforcing the terms of a prior order


I do wish you well, my friend.

 

[David_393]

Judge, you have been very helpful. I am setting up a private forum where a couple other attorneys have agreed to go. A username and password will be setup for each user. This will be a thinking area where I can post issues and you/them can reply on your free time, should you choose to help. I am not afraid to ask for help. But everyone is afraid of this woman with her millions of $$. The 2nd father of her other child just signed away his rights. I must take this to trial and do it right. Let me know if you are interested in helping out.