The following was originally published in the July 2000 issue of Harper's Magazine. To date the tape has figured prominently in the appeals of at least three capital convictions, which are now under review to determine whether McMahon made jury selections based on race, a practice ruled unconstitutional by the U.S. Supreme Court in 1986. At least twelve more capital cases also may be subject to review.
Jury selection is probably the single most important part of the case.
Preparation, evidence, witnesses, statements, don't mean anything unless you have a good jury. It's the most important aspect, yet it's the most unscientific, the most difficult to learn. All I can tell you is, play by certain rules and don't bend them and don't change them. When you have a juror that you obviously like, just by their appearance, you lead them, just as you lead them in a cross-examination. So, with a juror that you like, you want to put them in that situation.