Fair verdict expected from jury

NEW YORK — A jury made up of eight private citizens was selected by federal judge Loretta Preska in concurrence with opposing lawyers Judd Burstein and Julian Friedman to decide on Manny Pacquiao’s $33 Million suit against New Jersey promoter Murad Muhammad at the start of trial proceedings here last Monday.

Preska, 56, presided in the hearing from 8:30 a.m. to 5:30 p.m. It took an hour and a half to choose the jury from an initial candidates pool of 30, including 22 females.

Speaking authoritatively, Preska told the nominees they were obligated to be fair in deciding the case. "It is your solemn duty not to serve if you cannot be fair and impartial," said Preska.

The judge said she expects the witnesses to conclude their testimonies by Tuesday next week. Six days of grilling were set aside in the calendar. The court took a break yesterday and resumes today.

In picking the eight jurors, Preska made sure they had no biases on issues related to boxing and no links to individuals involved in the sport. She probed into the backgrounds of each candidate and even asked if they saw the boxing movies "Cinderella Man" and "Million Dollar Baby."

Preska said the case must be decided only on issues of fact, based solely on evidence. She explained the two types of evidence are direct and circumstantial.

"You may consider both types of evidence in making your decision," said Preska, addressing the jurors. "Direct evidence is when there is clear proof of fact as affirmed by the senses. Circumstantial evidence is proof of one or more factors from which to infer or conclude facts. Listen to the witnesses. Watch and observe. Decide if you believe them or not. Questions and arguments are not evidence. There are two or more sides to any story. Keep impressions to yourselves. Do not speak about the case to anyone. Do not do research on the case as you will be provided all that is necessary to review the facts. The only evidence to consider will be from witnesses and exhibits."

A group of 30 candidates was led into Suite 12-A at the Daniel Moynihan Federal Court House on Pearl Street in downtown Manhattan for Preska and the opposing judges to size up. The nominees sat in the pews reserved for the public.

From the list of 30 nominees, Preska called 14 to the jury section. Then, one by one, they were grilled. Five were removed and replaced by other nominees. Finally, the cast was pruned to eight.

The final jurors are Charles Dumpley, Elizabeth Mitchell, Joanne Pecararo, Marianna Amato, Gregory Johnson, Evelyn Twitty, Harriett Helms and Erin Matts. Only six of the eight were in the original list of 14 as Dumpley and Twitty were replacements.

The jury is made up of six females and two males, all from New York. Only Twitty is black.

Dumpley is a bank officer, Mitchell an insurance underwriter, Amato an art director in an advertising agency, Johnson an anthropology professor with a doctorate, Helms an executive assistant in a real estate company and Matts an advertising employee.

Among the nominees struck out were avid boxing fan Jimmy Tisdale, CNN video librarian Melissa Kegan, computer programmer Susie Vizoskie, math professor Charles Steinhorn and Jamaican native Marion Rivman.

The opposing lawyers gave their thumbs up to the final lineup.

Burstein said in the course of the trial, the jury will be familiarized with the nuances of professional boxing.

"The jury should understand what a promoter is, what is the difference between a promoter and a manager, how they negotiate and the process of putting together a fight," said Burstein.

Preska appealed to the opposing lawyers to put only factual witnesses on the stand and speed up the examination and cross-examination. She said she hopes to announce the jury’s verdict before July 4.

Pacquiao wore a dark blue long-sleeved shirt and dark slacks on the first day of trial. He sat beside interpreter Joseph Ramos on the same row as Burstein and his associate lawyers Mike Quinn and Josh Dubin.

There were eight pews for the public in the courtroom and 16 seats in the front section reserved for the lawyers, Pacquiao as plaintiff, his interpreter and Muhammad as defendant. Preska was assisted by a staff of four.

Pacquiao’s wife Jinkee flew in from Manila last Sunday and sat quietly in the courtroom.