Had a jury trial start today, and one of the pre-trial motions I filed was to have the Court bar the prosecutor from wearing a religious symbol, in Court, and in front of the jury. While the elected prosecutor is a female, the motion was directed at her assistant, who is participating in the trial. He is a fundamentalist Xtian who wears a three inch cross around his neck, advertising how he "loves him some Jesus!"
Long story short, I argued my client's right to receive a fair trial trumped his right to advertise his religion. And, how his display of the cross put "god on his side" in a secular Court of law. 5th and 6th Amendment, and the first part of the establishment clause of the 1st Amendment, running head on into the second part of the establishment clause and right of freedom of expression under the 1st Amendment.
Not only did the judge rule in my favor, he made it clear that there would be some serious sanctions against the State should he have that thing draped around his neck in front of not only this jury, but any future jury.
Now, when I won (the hearing - trial is still going on), you'd have thought I shot his brand new puppy on Xmas morning. "Mom and Dad. I going to name him Spark-(ka-pow!)-EEEEEEEEE!!!!!"
Guess 'ole JC must have been filling out his NCAA bracket and missed the hearing.
In case you're wondering, here's a video of the prosecutor wearing the cross. By the way, it was a campaign video and he lost.
