Bull 'Rains' on Reality
Heavy-Duty BULLoney on This Week's Episode
May 09, 2019 at 01:17 PM
8 minute read
When it rains, it pours. And on this week's “Bull,” the rains—both figurative and literal—came with a vengeance.
In this week's “When the Rains Came,” Taylor Rentzel—Bull's ex-Homeland Security cyber hack—has a situation: her brother-in-law, Ralph Kelly, has just been charged with two counts of manslaughter.
Mr. Kelly is a 28-year-old prison guard at a private, medium-security unit. He's married to a very pregnant wife and has two young children. One night while at work, he learns that a Category 4 hurricane is about to hit the New York area and mandatory evacuations have been ordered. The warden and deputy wardens are nowhere to be seen, and corporate instructs him to shelter in place. The younger wardens abandon their posts so they can be home with their families, making Mr. Kelly the one and only corrections officer on site during the hurricane.
Until he leaves, too.
Tragically, during his absence, two prisoners die in the flooding, and the State of New York wants to hold him responsible.
Dr. Bull and Benny Colón, as a favor to Taylor, accept the case. Mr. Kelly explains that he only left his job because his wife called him frantic with fear: a tree just fell on their house and she was worried for their safety. Mr. Kelly says he had planned to return to work after getting them to safety, but the roads were impassable, and the prisoners were left alone, without power, food, or supervision for three days. The defense feels they have a shot at an acquittal, though, because what storm-traumatized juror wouldn't sympathize with a family man rushing to the aid of his pregnant wife and young children?
Unfortunately, what started off as an “easy” story about a man who took a calculated risk to save his family becomes far more difficult when Taylor learns that her brother in law did not, in fact, need to get home to his petrified wife. She and the kids were safe and sound at an evacuation site when she called him, allegedly frantic. Instead, Mr. Kelly rushed home to retrieve a duffel bag of dirty money—cash earned from selling contraband phones to the prisoners—before it got washed away in the hurricane.
So now Bull and team are no longer defending an upright citizen who made a hard choice, but a prison guard who was exploiting prisoners, and who didn't hesitate to lie to his own legal team. To make matters worse, the sympathetic wife they just put on the stand committed perjury. In a big way. Yikes.
But, in true “Bull” fashion, the show ends with a victory. Or, to be more precise, a dismissal, which quite literally made me laugh out loud because of its sheer audacity. There are always moments in every “Bull” episode that cause me to roll my eyes, but this week there were three issues that strained my eye sockets to the breaking point.
Here are my top three BULLoney moments.
The No. 3 BULLoney Scene | Trial Begins Days After the Arrest
In my 22 years working as a jury consultant, I can count on one hand the number of times I've picked a jury days after an arrest was made. Oh wait. I don't need any hands because it's never happened. I realize Hollywood shows like “Bull” only have an hour to air their stories, but really. Would it kill the producers to at least include a two-second exchange about the length of time that passes? In the real world, there are messy procedural things called indictments, and, if you're working a civil dispute, discovery.
For the sake of argument, let's assume the party bringing the claims is ready Day One to go to the mat. Let's not ignore the fact that the defense team needs time to actually build a defense. You know, review police reports, find witnesses, do some investigations, hire experts, and I dunno, maybe file a motion or two?
The No. 2 BULLoney Scene | The Jury Is Selected on the Heels of Widespread Hurricane Damage
Anyone in Texas knows the damage a hurricane can cause, and if you live in the Houston area, the mere mention of Harvey may make you want to curl up in a fetal position. If we viewers are to believe the storyline in “When the Rains Came,” a deadly, Category 4 hurricane pummeled the community, leaving a path of destruction in its wake. Yet, days (if not hours) later, a jury trial is taking place. Um. Okay.
Never say never, but I think the odds of a jury trial beginning while the community is dealing with widespread damage are slim, at best. In the real world, courts are usually sensitive to what the venire may be experiencing, particularly when it's something as universally devastating as a hurricane.
County and state judges are elected officials. If the people who vote are knee-deep in water, trying to remove tree limbs from their living room, or figuring out how to get to work when daycare is closed, the last place they want to be is jury duty. Does that mean they won't show up? Not necessarily, but it certainly ups the odds of a much smaller panel. And a potentially skewed one, at that.
More importantly, when jurors are preoccupied with matters on the home front—and this holds true for any juror, hurricane or not—their ability to concentrate on matters inside the courtroom is severely compromised. That's why potential jurors are often excused from jury service when they are dealing with serious “life” issues.
If this Category 4 hurricane had actually played out like the “Bull” writers want us to believe, one of four things would likely have happened: (1) The trial judge would have reset the trial and informed jurors not to come to jury duty; (2) at least one party would have sought a short continuance (which likely would have been granted); (3) the number of no-shows would have impacted the venire so much that a demographic segment was severely under (or over) represented, or (4) the number of hardships would have been so great that—even if jury selection had taken place—finding a group of 12 qualified to serve would have been next to impossible.
The No. 1 BULLoney Scene | The Jury Consultant Makes It All Go Away
This is not the first time Bull has waved his magic wand to make the legal claims vanish into thin air, but this week's wizardry was especially far-fetched.
The assistant district attorney's star witness was a cellmate of one of the deceased prisoners. He not only personalized the decedent, but he claimed to have overheard Ralph Kelly on the telephone saying, “I've got to get outta here before it's underwater.”
With that one statement, the prosecution just gutted Bull's “family first” theory. Bull and Benny immediately conclude that Ralph should not take the stand. Too risky. Instead, they'll ask Mrs. Kelly to testify; she can develop the narrative and with luck, elicit juror empathy.
Shortly thereafter, the Bull team discovers Mr. Kelly's secret criminal enterprise and that Mrs. Kelly had lied on the witness stand. At that point, they decide he has no other choice than to explain what he meant by “before it's underwater.” He takes the stand, personalizes the decedents, talks about his job duties, and explains that “it” referred to “something very important” in their garage. Direct examination ends, and the judge conveniently gives the parties a 20-minute break.
During the recess, Bull somehow convinces the ADA that—at best—he'll end up with a hung jury, have to retry the case, and cost taxpayers even more money. And, because the Bull story has to have a happy ending, the ADA agrees to dismiss all charges BEFORE he's had an opportunity to cross-examine the witness!
Wait. W-H-A-T?
Call me crazy, but this is the biggest bunch of BULLoney yet. First of all, no jury consultant is ever going to discuss settlement offers mano a mano with the opposing side. Second, no prosecutor in the world is going to drop not one, but two counts of manslaughter just because he might end up with a hung jury.
And he sure as heck isn't going to drop charges (or accept a plea) before cross-examining the perpetrator of the alleged criminal act. Especially when he can ask one simple question: What was the very important item in your garage? (Can you hear the Law & Order bum-ba-bum?)
Usually I come away from each episode with a handful of real-world takeaways, but this time? No mas. Sorry.
Except for this one: if you're called for trial in the wake of a catastrophic natural disaster, you might ask for a continuance. But I'm pretty certain you already knew that.
Kacy Miller, president of CourtroomLogic Consulting LLC, will provide weekly reviews of new episodes of CBS' “Bull,” about an elite trial consulting firm. Miller began her career as a litigation consultant working alongside Dr. Phil McGraw, the inspiration for “Bull.” She can be reached at [email protected].
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllThe Narcissist’s Dilemma: Balancing Power and Inadequacy in Family Law
8 minute readTrending Stories
- 1Gibson Dunn Sued By Crypto Client After Lateral Hire Causes Conflict of Interest
- 2Trump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
- 3Pharmacy Lawyers See Promise in NY Regulator's Curbs on PBM Industry
- 4Outgoing USPTO Director Kathi Vidal: ‘We All Want the Country to Be in a Better Place’
- 5Supreme Court Will Review Constitutionality Of FCC's Universal Service Fund
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250