Page 54 of The Proving Ground

“Mr. Haller, we’re waiting,” Ruhlin said.

I looked up at her.

“Yes, Your Honor,” I said. “The plaintiffs want to thank and excuse juror number seventeen.”

The television producer.

“You’re using a peremptory?” Ruhlin asked.

“Yes, Your Honor.”

“Very well. That leaves you with one remaining challenge. Juror seventeen, you are excused, and we thank you for your service.”

The Swede smiled and quickly stood up. He moved out of the box and headed toward the courtroom exit, his body language signaling that he was insulted by his expulsion from the case.

The next randomly selected juror called to the box was a man who was not on my list of favorites. He was an electrical engineer who would benefit from the continuing expansion of artificial intelligence in business and society. AI systems used massive amounts of electricity, and people with his credentials would always be needed. But I easily conflicted him out because he revealed during questioning that he had gone to the University of Wisconsin with one of the key coders of the Clair project, and they had lived in the same fraternity house.

The next man called was knocked out by Marcus Mason because in his responses to interrogatories submitted by the defense, he had listedTerminator 2: Judgment Dayas one of his favorite movies. The film is about artificial intelligence turning against humanity, and Marcus Mason successfully argued that this tainted the potential juror and left him unable to keep an open mind while deciding the case. He had not been on my favorites list, because I knew when I saw hisTerminatoranswer that he would be terminated from the jury.

His dismissal left three remaining candidates for two slots.

When the judge called juror twelve to the box for questioning, the Black woman came forward. I confirmed on my list that twelve was indeed the set builder and got ready for what I assumed was going to be a battle. After brief questioning by the judge brought no surprises or obvious bias, I accepted her for the jury. Marcus Mason then used one of his two remaining peremptories to excuse her. I immediately stood and objected, then moved to the lectern.

“Your Honor,” I said. “A jury is supposed to be representative of the community. By my count, this is the fourth time Mr. Mason has used his challenges or objections to remove a minority member of the community from the panel. And my concern is that he will use his last peremptory challenge to remove the only Black person remaining in the jury box. This will make the composition of the jury suspect in terms of diversity and representation, and the plaintiffs strenuously object.”

Marcus Mason was up from his seat and moving to the lectern before I was even finished. He once again addressed the court before the judge called on him. I knew he would put on histrionics in his response. He had to play to the jurors as well as the judge now.

“Your Honor, I find counsel’s insinuation insulting and preposterous,” he said. “I have been a lawyer in this city for eighteen years and no one has ever questioned my reputation when it comes to equality and diversity. My firm donates liberally every month every year to causes that support racial equality and gender equality. This past month alone we have donated more than one hundred thousand dollars to fire-relief programs working in the minority communities of Altadena. We—”

“Thank you, Mr. Mason,” the judge said, cutting him off. “The question is about the composition of the jury.”

“I’m sorry, Your Honor,” Mason said. “But Mr. Haller hit a nerve with his unfounded complaint.”

“Again, Mr. Mason, the concern is not about you,” Ruhlin said. “It is about the makeup of our jury.”

“I can assure you, Judge, I will not be using my final challenge to remove anyone currently in the jury box,” Mason said. “Mr. Haller’s suggestion is unconscionable.”

“Well, I have to say I share his concern,” Ruhlin countered. “Can you tell me why you want to dismiss juror twelve?”

“All right, fine,” Mason said. “I withdraw the challenge. Juror twelve is accepted by the defense.”

“Very well,” Ruhlin said. “Juror twelve is accepted as the eleventh member of the jury. Thank you.”

We were down to one seat left in the jury box and two potential jurors waiting to be questioned. The next number the judge called belonged to the financial analyst. I wanted him on the jury but had to make it seem like I was ambivalent about him. The judge’s questioning raised no red flags. As she came to the last of her routine questions, I turned in my seat and leaned close to my two clients to whisper.

“We’re almost there,” I said. “I think we can live with these last two if we have to. I’m not worried about this guy, but the—”

While I was whispering, the judge asked if I had any additional questions, but I acted like I didn’t hear her because of the conversation at the table.

“Mr. Haller!” Ruhlin barked.

“I’m sorry, Your Honor,” I said. “I got distracted. Uh, juror six is accepted by the plaintiffs.”

“Thank you,” Ruhlin said. “Mr. Mason, any further questions from you?”

“No, Your Honor,” Mason said. “Juror six is accepted by the defense.”

Bingo. The analyst was in.