Poem: A Light for Deshon

Poem: A Light for Deshon

Deshon Johnson Memorial Plaque Lights Up Bloomfield Corner At Night In Honor Of A Remarkable Young Man

 Deshon Johnson Memorial Plaque Lights Up Bloomfield Corner At Night  In Honor Of A Remarkable Young Man

Deshon Johnson Memorial Plaque Lights Up Bloomfield Corner in Honor of a Remarkable Young Man

In Bloomfield, New Jersey, a poignant tribute to Deshon Johnson now lights up the corner of Broad Street and Bloomfield Avenue, where a tragic event took place. Deshon’s life was brutally cut short when a New Jersey Transit bus, driven by a Coach USA operator, ran him over twice before dragging him across the Bay Avenue bridge.

To honor this remarkable young man and the enduring love of his mother, a memorial plaque and a "Tree of Life" were dedicated at the site of the collision. The memorial serves as a beautiful reminder of Deshon’s life, his bright spirit, and the profound impact he had on those around him.

Although the plaque and tree cannot bring Deshon back, they stand as a lasting symbol of the pain his mother continues to carry and the hope that such tragedies will never be forgotten. The illuminated corner at night brings a sense of quiet reverence to the community, ensuring that Deshon’s memory lives on.

This memorial is a reminder to all who pass by of the tragic events that occurred but also of the importance of remembering those we’ve lost, honoring their lives, and striving for a future where such heartache is prevented.

 Poem by Naomi Johnson

A Light for Deshon

At Broad and Bay in Bloomfield, a beacon glows,

Where shadows whisper of hearts’ deep woes.

A plaque, a tree, a mother’s care,

Her love eternal, shining there.

Deshon’s smile, now etched in stone,

A handsome soul, forever known.

But the world grew brittle, cold, and gray,

When fate so cruel took him away.

A bus, unyielding, stole his breath,

Left a bridge to mark his death.

Twice it struck, then dragged him far,

Turning bright dreams into scars.

Yet from this pain, a light does rise,

A tree of life, beneath night skies.

It cannot bring him back, it's true,

But keeps his memory fresh and new.

A mother’s love, a boundless flame,

Each leaf and glow speaks his name.

Deshon lives on, in hearts that grieve,

A radiant spirit, never to leave.

So at the corner, let us pause,

And honor him, and all he was.

For though the world may move too fast,

This light ensures his love will last.

Deshon Johnson July 18, 2024 Memorial Gathering Pictures In Bloomfield NJ

Deshon Johnson July 18, 2024 Memorial Gathering Pictures In Bloomfield NJ

 

Deshon Johnson was killed by a bus more than a decade ago in Essex County. His mother has a stirring plea: Remember the good days, too.

Deshon Johnson was killed by a bus more than a decade ago in Essex County. His mother has a stirring plea: Remember the good days, too.

This is the article by Eric. 

https://patch.com/new-jersey/bloomfield/my-son-wasn-t-just-victim-he-was-vibrant-new-jersey-woman-says

ESSEX COUNTY, NJ — If you Google the name of Deshon Johnson, you’ll see a long list of articles about his tragic death, which took place in North Jersey more than a decade ago. But his mother says it’s also important to remember him as a “vibrant young man with immense potential” – not just as a victim.

And there’s no doubt that in Bloomfield, Montclair and Essex County, the community does.

Earlier this month, a memorial tree and plaque were dedicated at Broad Street and Bay Avenue in honor of Johnson, who was struck and killed by a NJ Transit bus in Bloomfield as he was headed to his job in 2012. A grand jury later declined to indict the driver, who was employed with Coach USA. See Related: Man Killed by Bus Identified As College Student

Johnson, 22, attended Kean University and Essex County College and was on the cusp of furthering his education at Montclair State University at the time of his death. The aspiring hip-hop artist was working a part-time job to help support his mother, Naomi Johnson, who was disabled as a result of a car crash.

Johnson’s death was widely mourned in the community, including at a memorial service held shortly after his passing.

Find out what's happening in Bloomfieldwith free, real-time updates from Patch.

"He was a talented man who knew what he wanted to do with his life," said a friend, Matt Fernandez. "He was very driven and very motivated."

• See Related: Family, Friends Celebrate Life of Deshon Johnson
• See Related: Deshon Johnson Receives Posthumous Degree

Since that day, his mother has been keeping her son’s memory alive through something that was dear to his heart: the arts.

In 2020, Johnson helped to posthumously release “4 My Town,” her son’s tribute to Montclair, a town he was immensely proud of. While nothing can replace her son, there is a measure of solace in helping his talent reach other people, she previously told Patch. Read More: Montclair Woman Honors Late Son By Keeping His Music Alive

Two years later, Johnson headlined a fashion show at the New Jersey Women’s Expo in Edison. The show included posthumously released music from her late son. Read More: Fashion Show Honors Memory Of Essex County Musician Killed By Bus

Johnson continued this tradition earlier this month, when – flanked by several community leaders and town officials – she placed a memorial plaque at the corner where Deshon took his final breath.

Article continues below

Johnson had a message of thanks for the people who helped make her latest tribute possible:

“I want to give a special thanks to Councilwoman Sarah Cruz, [Bloomfield Human Services Supervisor] Paula Perikes, Mr. Perikes, and my friend/neighbor Myrna Poole for partaking in my son's memorial. I also would like to thank Myrna for taking the pictures, the Bloomfield resident with blonde hair who stopped to give her condolences, and Brookside Garden Center owner Martin O’Boyle for donating the flowers to put at the site where my son was horrifically killed for the years of July 18, 2022, and July 18, 2023.”

Previous tributes to her son have included a proclamation presented by Councilwoman Cruz and New Jersey assemblyman/former Bloomfield mayor Michael Venezia in 2021 for Pedestrian Safety Month.

“My desire for the community to remember him not just as a victim but as a vibrant young man with immense potential,” Johnson said, adding that her son had “wisdom beyond his years” and was a positive influence on those who knew him.

“Deshon was more than just a student: he was a beloved figure in his community, known for his infectious smile and passion for music,” Johnson continued. “His dedication to his craft, his love for music, and his positive impact on those around him. His artistic talents were evident in his work as ‘Sean Cos Mason,’ where he expressed himself through lyrics that resonated with many. Friends and family remember him as someone who brought joy to those around him and had dreams that inspired others.”

The circumstances surrounding her son’s death have left an indelible mark on the community, Johnson added.

“I emphasize that my son's promising life was deliberately cut short,” she said, urging the community to honor his memory by celebrating his achievements and advocating for safer public transportation.

“I hope that people will remember my son for his kindness, ambition, and the bright future that was so cruelly stolen from him,” Johnson said.

The bereaved mother gave Patch an update about life more than a decade after her son’s death, noting that she is still grieving powerfully after all these years:

“My existence has been irrevocably altered, plunging me into perpetual darkness. The anguish within my heart feels insurmountable, an affliction that time cannot heal. It has created an everlasting void, leaving my soul with an emptiness that is impossible to fill. I am confronted with the heartbreaking reality that I will never witness my son’s wedding or experience the joy of welcoming grandchildren into my life. The tragic loss of my son … severed not only our familial bond, but also the continuation of our lineage. My son did not have the opportunity to father children who could carry on his name and legacy.”

Send local news tips and correction requests to eric.kiefer@patch.com. Find out how to post announcements or events to your local Patch site.

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Remembering Deshon Johnson: A Tribute to a Life Cut Short

 

Remembering Deshon Johnson: A Tribute to a Life Cut Short

In a poignant and heartfelt ceremony, Deshon Johnson, a beloved music artist, was honored with a Memorial Tree and picture plaque at the very spot where his life was tragically cut short. Deshon’s story is one of immense talent, hope, and a community united in grief and remembrance.

On a day marked by sorrow and remembrance, friends, family, and supporters gathered in Bloomfield, NJ, to pay tribute to Deshon. The site, which bears the scars of a brutal incident, now stands as a testament to his memory and the impact he left on those who knew him. Deshon was killed by Coach USA bus operator Wilson Romaine while Romaine was operating an NJ Transit bus.

The Memorial Tree, symbolizing life and growth, is a living tribute to Deshon’s spirit. Planted at the site of his passing, it serves as a place for reflection and remembrance for all who visit. The accompanying picture plaque captures Deshon’s vibrant spirit, reminding everyone of the talent and potential lost too soon. The plague not only honors Deshon’s life but also serves as a stark reminder of the fragility of life and the need for accountability in our community services.

Deshon Johnson was more than just a music artist; he was a beacon of hope and inspiration to many. His music, filled with raw emotion and powerful messages, resonated with fans and friends alike. His untimely death has left a void that can never be filled, but his legacy lives on through his art and the memories he created with those who loved him.

The memorial serves as a call to action for safer transit practices and greater awareness of the responsibilities borne by public transport operators. It is a solemn reminder of the consequences of negligence and the enduring pain it brings to families and communities.

As we remember Deshon Johnson, let us also reflect on the broader implications of his tragic death. The Memorial Tree and picture plaque are not just symbols of mourning but also calls for justice and change. They urge us to ensure that no other life is needlessly lost and that every individual’s safety is paramount.

In honoring Deshon, we celebrate his life and music while advocating for a safer, more accountable world. His memory will forever be etched in the hearts of those who knew him, and his legacy will continue to inspire change and hope for a better future.

 

I like to thank Myrna for this lovely picture of us and supporting me on the day my son took his last breath on Broad Street and Bloomfield Avenue, Bloomfield, New Jersey. 

Honoring Deshon Johnson: A Heartfelt Thank You to Paula Peikes and a Call for Justice

 

Honoring Deshon Johnson: A Heartfelt Thank You to Paula Peikes and a Call for Justice

 

The Deshon Johnson's  Memorial Tree In Bloomfield New Jersey

We at the Deshon Johnson College Scholarship would like to extend our deepest gratitude to Paula Peikes from Bloomfield, New Jersey, for sponsoring a memorial tree in honor of my beloved son, Deshon Johnson. Deshon's life was tragically cut short when he was struck and killed by a Coach USA bus driven by Wilson Romain, who was operating NJ Transit bus 709.

The tragic incident occurred at the intersection of Broad Street and Bay Avenue. Despite clear evidence of negligence, Essex County has refused to erect a memorial for Deshon, likely due to their own fault in the matter. On that fateful day, the entire sidewalk was blocked off with no police officer present to ensure public safety. This in no way absolves Wilson Romain of his responsibility; he chose to ignore Deshon's signal to stop at the bus shelter. Instead, he accelerated, aimed the bus towards Deshon, struck him, and ultimately ran over him twice, dragging him to the corner of Broad Street and Bay Avenue.

To date, Wilson Romain has not faced any legal consequences for his actions. He has neither served jail time nor received a traffic ticket for killing Deshon. Shockingly, the prosecutor chose to cover up Deshon's death to protect the bus company.

We continue to seek justice for Deshon. His life and memory deserve recognition and respect, and those responsible for his death must be held accountable. Thank you, Paula, for your support and for helping us honor Deshon's memory. Together, we strive to ensure that justice is served.

Psychological Manipulation in the Courtroom

Psychological Manipulation in the Courtroom 

Victor Gold

 Nebraska Law Review

Volume 66 | Issue 3

1987

Loyola Law School, victor.gold@lls.edu

Article 11

Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation

Victor Gold, Psychological Manipulation in the Courtroom, 66 Neb. L. Rev. (1987) Available at: https://digitalcommons.unl.edu/nlr/vol66/iss3/11

This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln.

1. Increasing and Improving the Flow of Information

Trial lawyers have for centuries exploited psychological principles derived from intuition and experience. But amateur courtroom psy- chology is now giving way to science. For a price, professional psychol-

Professor of Law, Loyola Law School, Los Angeles, California.

This commentary is drawn from a recent article by Professor Gold. See Gold, CovertAdvocacy: Reflections on the Use of PsychologicalPersuasionTechniques in the Courtroom, 65 N.C.L. REV. 481 (1987).

1987] PSYCHOLOGICAL MANIPULATION

ogists are available to advise lawyers on all aspects of trial advocacy including what to say, where to stand, how to select a jury, when to object and what suit to wear. In the words of one expert, "all in all, we help lawyers position their cases to juries in much the same way you would sell a bar of soap .... -"

Historically, lawyers have employed these experts when the eco- nomic or political issues at stake warranted the expense. Now, how- ever, lawyers are developing the capacity to systematically employ psychological courtroom techniques on their own. Continuing legaleducation programs are currently offered on these subjects. Recently published books on trial advocacy are devoted in whole or in part to psychology. In the last decade, scientists have published dozens of ar-

ticles in journals for trial lawyers describing various psychology-based advocacy techniques. These articles reflect an even larger and still growing body of academic literature concerning jury cognitive processes. As psychologists refine this research and as the advocacy techniques based upon it become more effective, increasing numbers of lawyers will likely use those techniques. Like executives in other growth industries, trial lawyers are eager to employ the latest scien- tific or technical advance to gain a competitive advantage.

Little concern has been expressed about this use of psychology as an advocacy tool. Perhaps lawyers are too eager, embracing psychology as the long awaited means of controlling the uncertainties of jury trial, to worry about its broader implications. Some behavioral scien- tists may be too overcome with the prospects of economic or academic rewards to care much about what they may be doing to another profession. Judges seem largely unaware of the development.

Yet there is reason for concern. Many of the psychology-based ad- vocacy techniques being taught to lawyers can be used to induce juries to employ legally irrelevant or improper considerations in decision- making. These considerations include seemingly innocuous matters such as attorney language, dress, and other elements of what one might call courtroom style. But some techniques also involve un-

abashed efforts to induce jury reliance on bias. Lawyers can use other techniques to induce juries to evaluate evidence illogically. Lawyers can produce this illogic by confusing the meaning of evidence or dis- torting the jury's perception of it. All these techniques seek to influ- ence subconsciously: the jury is unaware of what is influencing its decision making or how that influence works.

I argue in this essay that subconscious persuasion, which I call cov- ert advocacy, threatens to deprive the jury of its capacity to critically evaluate evidence and reliably reflect community values in its verdict. As a consequence, I contend that covert advocacy threatens the legiti-

1. Dance off, Hidden Persuaders of the Courtroom, BARIMSTERS, winter 1932, at 8,17.

NEBRASKA LAW REVIEW [Vol. 66:562

macy of both the jury and adversary systems in a way and to a degree never before threatened by conventional advocacy methods. After ex- amining the techniques of covert advocacy and the dangers created by their use, I conclude that expanding the powers of the jury is the most effective way of dealing with this threat.

I. THE TECHNIQUES OF COVERT ADVOCACY

A. Techniques to Induce the Use of Extra-Legal Basis for Decision making

Trial practitioner journals make frequent reference to psychologi- cal techniques aimed at inducing the jury to employ an extra-legal ba- sis for its decision. A decision making input is extra-legal when it is either irrelevant to the legal or factual issues of a case or is considered by the law to be an otherwise improper basis for decision making. This group of techniques is itself classifiable into two subgroups: court- room style techniques and techniques aimed at inducing the use of bias.

1. Courtroom Style as an Extra-Legal Basis for Decision making

Courtroom style refers to how a lawyer and the witnesses tell their stories in the courtroom. Courtroom style techniques involve body movement, physical appearance, demeanor toward the jury, and use of language. Courtroom style is an extra-legal basis for decision making because lawyer or witness demeanor usually has no connection to the legal or factual issues which should be the basis for the jury's verdict.

Language and voice are important elements of courtroom style. For example, several articles recently written for trial lawyers by be- havioral scientists focus on a series of studies concerning the use of various verbal strategies in the courtroom. In one experiment, scien- tists found that lawyers can induce jurors to make judgments about the credibility of a speaker by manipulation of the "powerfulness" of the speaker's language. Powerless speakers use hedge words (sort of, kind of, around), intensifiers (very, really), meaningless filler words (you know), and terms of personal reference (my good friend, Mrs. Smith). Another element of powerless speech is the use of an inquisi- tive intonation at the end of a declarative sentence, suggesting the speaker seeks the listener's approval for the declaration. Powerful speech avoids the features of powerless speech. In experiments, jurors consistently evaluated powerful speakers as more credible than pow- erless speakers and gave plaintiffs with powerful speech witnesses substantially larger damage awards than plaintiffs with powerless speech witnesses. However, linking credibility with speech style proved to be a mistake. The experimenters found that the "power" component of linguistic style was not correlated with witness credibil-

1987] PSYCHOLOGICAL MANIPULATION

ity. Instead, it was correlated only with witness social status. Wit- nesses who were poor, uneducated or unemployed had a tendency to use powerless speech while witnesses with business or professional backgrounds tended toward powerful speech. Nonetheless, the psy- chological correlation between speech style and credibility is strong; jurors persisted in linking credibility with the power component of speech even when the judge's instructions cautioned against it.

These results encourage lawyers to train their own witnesses to use powerful speech and to use that linguistic style themselves. These re- sults further encourage lawyers to induce powerless speech in oppos- ing witnesses to the extent possible. But since the distinction between powerful and powerless witness speech is not probative of witness credibility or any other relevant matter, efforts to exploit that distinction support an extra-legal basis for jury decision making. If the jury believes the distinction is probative of witness credibility, it has been misled. Further, when counsel uses powerful speech to enhance his or her credibility, he or she seeks to focus the jury's attention on another extra-legal matter. The credibility of counsel is neither relevant nor evidence.

The manner in which this extra-legal consideration shapes jury decision making makes it particularly dangerous. Most jurors would reject an overt suggestion to evaluate witness credibility based on social status. When an attorney makes the suggestion covertly through manipulation of linguistic style, the jury may be unable to detect and reject the subtle thrust of the attorney's efforts. Similarly, a verdict overtly based on considerations of social status would raise serious moral and constitutional questions that any trial or appellate judge could identify. When damage awards decrease with a decrease in the apparent social status of plaintiff and those witnesses associated with the plaintiff, the law improperly values individual rights and life differently for the powerful than it does for the powerless. These issues are no less pertinent when counsel subtly influences a verdict by exploiting the psychological divisions between the linguistic patterns of poor people and inaccurate stereotypes of supposedly more credible speakers. But the likelihood that any judge could detect the use of this technique and, thus, the presence of these issues, seems slim.

Many other courtroom style techniques seek to capitalize on this psychological correlations between credibility and social status. Rec-commendations concerning dress, physical positioning of counsel relative to the witnesses and the jury, and other aspects of attorney courtroom demeanor are aimed at psychologically enhancing the credibility of counsel by manipulating his or her social image. By seeking to create the impression of power, these techniques focus the jury's attention on extra-legal bases for decision making: the social status and credibility of counsel are not relevant. These techniques always

NEBRASKA LAW REVIEW [Vol. 66:562

affect jury decision making through subtle means since an overt re- quest to consider the attorney's social status would probably be ineffective, if not offensive.

The result is not only to distract the jury with extra-legal matters but also to obscure the importance of relevant evidence. The goal of courtroom style techniques aimed at enhancing attorney credibility is to influence how jurors perceive the evidence. Attorneys can have this influence because jurors tend to evaluate evidence in light of the credibility of the attorneys presenting or attacking that evidence. But by focusing the jury's attention on the extra-legal matter of attorney credibility, these techniques mislead the jury as to the actual meaning or value of the evidence. Attorney credibility is simply not a reliable basis upon which to evaluate evidence.

Other courtroom techniques dealing with linguistic style seek to exploit additional psychological tendencies of the jury. For example, research reveals that juries are highly susceptible to the indirect assertion of facts by a lawyer during witness examination. The mere asking of a question is sometimes sufficient to induce the jury to draw an inference, even in the absence of confirming testimony. Perhaps the most famous example of this phenomenon is the questioning of a rape victim regarding prior sexual history. Research suggests that juries typically infer the validity of the unspoken premise of the questions- the victim encouraged the rape-irrespective of the strength of the responding testimony supporting that inference. This has been termed "the biasing effect" of a question: jurors tend to misperceive the evidence due to biases contained in the question, regardless of the answer. Due in part to recognition of this effect, many jurisdictions now limit the admissibility of evidence concerning a rape victim's prior sexual history.

However, the opportunity for lawyers to indirectly assert facts through manipulating the form of questions is not limited to rape cases and the use of this technique is often not so obvious. Research suggests that jurors enter the courtroom in all cases with a tendency to draw inferences from the manner in which questions are phrased in accordance with rules of speech commonly followed in society.

Research also has indicated that attorneys can use their knowledge of such everyday conversational and psychological rules to formulate non-leading questions that indirectly communicate information to the jury. Jurors who accept the premises embedded in the questions resist rejecting those premises even when the responsive testimony or other evidence suggests the premises are invalid. In this way counsel can subconsciously communicate theories and arguments to the jury that he or she never overtly stated by simply asking questions during wit- ness examination. Since an attorney's questions are not themselves

1987] PSYCHOLOGICAL MANIPULATION
evidence, when a lawyer exploits this knowledge he or she again seeks to induce the jury to employ an extra-legal basis for decision making.

2. Bias as an Extra-Legal Basis for Decision making

Lack of bias by the trier of fact is a fundamental aspect of fairness. The jury should decide a case solely on the evidence presented in open court, not on knowledge or beliefs the jurors bring with them to court. Bias, then, is an extra-legal basis for decision making. However, some researchers suggest that in controversial trials or in trials where the evidence is not clear cut, extra-legal bias may influence the result in as many as half the cases.

Juror bias is an issue when lawyers examine the qualifications of prospective jurors during voir dire. The stated purpose of the lawyer during voir dire is to assist the court in selecting a fair and impartial jury. An indication of bias or opinion, such as knowledge of facts relevant to the case or familiarity with a party, is cause for disqualification.

To psychologists, however, the unbiased juror does not exist. Jurors, like other human decisionmakers, cannot evaluate evidence as if it were sui generis but must always relate it to past experiences and preconceived beliefs about the world. Based on this premise, some psychologists have concluded that the purpose of jury selection cannot be the selection of an impartial jury but, rather, the selection of the most favorably biased jury.

Working from this logic, psychologists have developed a number of techniques for jury selection, commonly labeled "scientific" or "sys-tematic" jury selection techniques. Perhaps the most famous tool of systematic jury selection is a survey of the community from which the jury panel will be drawn. Scientists gear the survey to the particular case at hand, seeking to determine attitudes among various segments of the community toward specific issues and parties. Scientists then use the data obtained to develop demographic profiles of jurors with favorable and unfavorable biases.

The use of this data to select the most favorably biased jury is just the first step. After attempting to select a jury susceptible to bias, the attorney then tailors the presentation of evidence to induce the jury to apply its biases in decision making. Such efforts to induce jury reliance on bias work covertly. Obviously, the jurors do not know they have been selected because of bias. In fact, it is likely counsel tells them before, during, and after voir dire that the purpose of jury selection procedures is to find an impartial jury. Similarly, the appeal to bias by counsel during trial is covert. The need to conceal the thrust of counsel's efforts is vital. Jurors who realize that a lawyer is attempting to arouse their biases might not only take offense, but might also conclude that the lawyer does not believe his case sound. Hence, one goal

NEBRASKA LAW REVIEW [Vol. 66:562

of covert advocacy is to induce the jury to employ bias while concealing from the jury the fact of their reliance on bias. Empirical studies suggest that this goal is well within reach. Juries often apply bias un- consciously while operating under the misapprehension that data is being evaluated objectively. When the jury is unaware of its use of bias, it cannot critically evaluate the appropriateness of that use in the same way the jury would evaluate an overt appeal to bias. Recall that a similar result is produced by covert advocacy techniques that focus on courtroom style. As described in section II of this essay, this effect of covert advocacy compromises the legitimacy of the jury system and the adversary process.

B. Techniques to Induce Illogical Evaluation of Evidence

The second category of psychological techniques described in trial practitioner journals seeks to induce the jury to evaluate the evidence illogically. The jury illogically evaluates evidence when it incorrectly decides that evidence is or is not probative of a fact in issue. I call techniques directed at inducing these errors of logic "meaning manip- ulators." The jury also illogically evaluates evidence when it permits evidence to have an effect on decisionmaking that is disproportionate to the probative value of that evidence. I call techniques to induce these errors "weight manipulators." Psychological techniques to mis- lead the jury as to the meaning or weight of evidence attempt to inter- fere with either the jury's inferential or perceptual abilities.

1. Meaning Manipulators

One article discussing the psychology of courtroom perception notes that lawyers can diminish the ability of jurors to perceive evi- dence by simply manipulating other stimuli in the courtroom. The author, a behavioral scientist specializing in advising trial lawyers,suggests

[a]s a defense tactic, an attorney can load the courtroom with spectators, presenting a variety of new contextual stimuli which might succeed in drown- ing out the stimuli presented by the opposing lawyers.... [A] particularly damaging witness for the opposing side can be made through various tech- niques to blend into the background stream, so that it is difficult for the jurors

2

Such efforts to disrupt jury perception in the courtroom could cause the jury to commit a logical error: the jury could accord per- fectly probative evidence no effect. Of course, the attorney must en- gage in such manipulation covertly. The affect on jury decisionmaking would be very different if the jury knew <