The Huguely trial is in recess this morning — defense attorney Rhonda Quagliana apparently has a stomach flu bug. Court will reconvene at 12:30, and Judge Hogshire will see whether she is ready to go. I have already had people ask me, “Is this just a stall tactic?” I can’t speak for Rhonda and the state of her digestive tract, but a few general observations:
- Some folks thought that Dr. Leestma yesterday was not a very effective witness; if so, as a matter of trial strategy you want to be able to get a bad taste out of the jury’s mouth as soon as you can. That means you don’t want a delay in getting on to the next witness.
- Regardless of whether Dr. Leestma made a good witness, if you have other witnesses who will back up his opinions, you want to get them out there as soon as you can. Again, trial strategy would suggest that you don’t want a delay.
- Trial lawyers run on adrenalin. You usually have to whack us over the head with a 2 x 4 to get us to say we’re too sick to go. I’d think Rhonda would have to be really sick to have to ask for a delay here.
- During trial, when the lawyers are in court from 9 AM to 7:30 PM — as last night — they then have to go back to their offices and prepare for the following day. And that can be a matter of many more hours, and a very late night. Then do that for two weeks straight, and see how you feel.
- Being in a high-pressure trial all day is exhausting. Your brain uses more energy than any other part of your body, and if you have a stomach virus so that you can’t hold nutrients in your system, as a trial lawyer you are in big trouble.
- There is a nasty stomach virus that has been running around the Charlottesville legal community in recent weeks. One lawyer I know wound up in the emergency room with IV’s running into her just to get restored to good fluid balance.
I have also seen on Twitter feeds some people saying, “Well, he’s got two lawyers. Can’t the trial just go ahead with the second lawyer?” My guess is that the Huguely defense team has divided up their responsibilities so that this scientific evidence is Rhonda Quagliana’s responsibility. It would be unfair to say to the defense, “One lawyer is as good as another. Start asking your questions, Mr. Lawrence.” This is highly technical stuff, and it isn’t something that just any lawyer can do, from the seat of their pants. I should also note that the judge would also recess the trial if one of the prosecutors were sick.
Our office had a trial set a month or so ago and the week before the trial, the son of the government’s complaining witness was killed in a car accident. The Commonwealth asked for a continuance, which we did not object to and which the Court granted. We try in Central Virginia to be reasonable and courteous to all parties.
I hope Rhonda can get her health under control ASAP.
