JimmyCsays: At the juncture of journalism and daily life in KC

It’s unfortunate, and yet it seems fitting in a way: There was a five-year wait for the start of David Jungerman’s first-degree murder trial, and now it’s been delayed again.

Jackson County Circuit Judge John Torrence announced this morning that there had been a “Covid exposure” with someone involved in the case — he didn’t say if it was a juror or someone connected to the prosecution or defense — and that the trial would resume next week.

Theoretically, this should not affect the case, but if it does, it probably would be more problematic for the prosecution than the defense.

In general, delay is the defense’s best friend. Witnesses forget, move, lose interest, die or…well, any number of things. Evidence sometimes gets lost. Assistant prosecutors sometimes move on (that already happened with one person in this case). And, of course, something can happen with one or more jurors.

The jurors in this case — eight men and four women — have been going home every night, but they are told at every break and at the completion of every session not to talk about the case among themselves and not to watch, listen to or read anything about the case in the media.

With a break of at least three days — today, tomorrow and Sunday — the chances of a juror getting tainted in some way increases.

Fortunately for the prosecution, the delay came on the heels of the state resting its case Thursday afternoon. That is good for the prosecution in the sense that the only testimony and evidence the jurors have to think about and reflect on is what they’ve heard from the state.

Defense testimony — if there is any — was to start this morning. As I’ve said before, it’s a guaranteed certainty that Jungerman will not testify. The two lions and one lioness on the prosecution side — Tim Dollar, Ben Cox and Lauren Whiston — would devour him.

In addition, the 84-year-old defendant is a shell of what he was just two years ago.

I don’t know whether it’s aging, the case of Covid he had a year or two ago or just “doing time,” but whatever it is, he is now enfeebled. He shuffles unsteadily; he often needs help getting out of his chair; and he tends to have a vacant look in his eyes. He wears a hearing-assisted device on his right ear and seems to be listening and watching, but I just wonder how much he’s taking in.

The whole thing is maddening because a veritable hubbub encircles him. Everyone is there because of a horrendous crime he committed. Prosecutors, defense attorneys and staff assistants exit and enter the courtroom and engage in whispered conversations. Paper is shuffled, files are pulled out and put back. Yellow legal pads are being scribbled on…It’s a busy traffic circle, but the defendant is not part of the flow. He seems like a bit player, and yet it’s all about him.

…I’ve been waiting for this trial for five years — some of you have too, I’m sure — and now we have to cool our heels, take some deep breaths and be patient.

I think we’re all quite ready for the day when Judge Torrence poses this question, “Ladies and gentlemen of the jury, have you reached a verdict?”

…and the jury foreman stand up and says, “Yes, your honor…Guilty as charged.”