Jury of Your Pumpkins?

Can you be tried by a jury of pumpkins? The issue arose in Zabin v. Picciotto, 896 N.E.2d 937 (Mass. 2008). Jurors were serving in court on Halloween. They asked if they could wear costumes. The judge approved provided that counsel for both sides also agreed to allow the holiday costumes. They agreed. After the defendants lost the case, they appealed on grounds that the “costumes turned the trial into a circus and denied their rights to due process.” The Massachusetts court of appeals ruled: “With or without the consent of counsel to the parties, it is regrettable that the trial judge agreed to the jurors’ request. The introduction of Halloween costumes cannot but have detracted from the seriousness and gravity of formal court proceedings. However, as to the defendants' claim of a due process violation, the judge did not merely accommodate the jurors’ request; he consulted with counsel for all parties before doing so, and all counsel agreed. The issue is waived.”