Tim Durham (RTV6 photo)

Indianapolis defense attorney Jeff Mendes says juries like the one in the Tim Durham trial can often be unforgiving.

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Mendes says since the Durham case involves working people who say they've been swindled, jurors may actually identify with investors in the Durham case. However, Mendes says both prosecutors and Durham's defense must be careful how they argue every charge in the case. Prosecutors are accusing Durham and partners of running a $250 million Ponzi scheme that bilked five thousand investors.

Mendes says attorneys typically want jurors who remain engaged throughout the process. He says inattentive jurors have often already made up their minds halfway through a trial. Mendes says the Durham jury has an equal number of men and women in addition to four African-Americans which makes it a diverse jury. Mendes says diverse juries tend to represent everyday Americans which is usually what attorneys in such cases like to see.

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