Trial work is a battle of perception. In the case of Johnson v. Lockheed Martin, that battle centers on how to visualize things the human eye cannot see.
The plaintiffs in this litigation allege that Lockheed Martin’s facility in Orlando allowed toxic chemicals, specifically chlorinated solvents, to migrate into the surrounding soil and groundwater. The core of the claim is that this contamination reached the local community, resulting in serious health issues, including birth defects. For a jury to understand how a chemical in the ground becomes a medical condition in a child, a lawyer has to bridge the gap between complex science and human experience.
This brings us to the recent friction over trial aids.
Lockheed Martin filed a motion to strike nearly 150 slides and ten videos served by the plaintiffs just days before the trial was set to begin. The defense characterized this as “sandbagging,” claiming the materials were “new, whole-cloth” creations that had never been seen before. The plaintiffs countered that these were not new exhibits, but rather “illustrative aids” that had been refined to comply with the court’s previous evidentiary rulings.
The judge’s ruling on this issue established a clear boundary. The court allowed “minor revisions” intended to conform demonstratives to ongoing rulings, but it prohibited the introduction of entirely new visuals on the eve of trial. In federal court, the window for creativity closes well before the jury is seated.
A competent attorney understands that a trial aid is only as strong as its foundation. To ensure that visuals are presentable and stay in the case, a lawyer needs to focus on three areas.
First, the aid must be rooted in discovery. If a slide depicts a “plume movement”, the path of chemicals through the earth, it must be based on data that the other side has already had the chance to review. You cannot use a trial aid to introduce a new theory or evidence in the case.
Second, timing is a matter of credibility. Serving a large volume of material at the last minute invites a motion to strike. It suggests to the judge that the evidence wasn’t ready, or worse, that the lawyer is trying to gain an unfair advantage.
Finally, a trial aid must be an aid, not a distraction. The purpose of a demonstrative is to help a witness explain their testimony. If a visual is too complex or lacks a direct link to the expert’s report, it becomes a liability.
If you are trying to understand why a case might be derailed before the first witness is called, look at the logistics of the presentation. In a case involving birth defects and environmental science, the science is the evidence, but the slides are the story. When that story changes too close to trial, the court is likely to step in. Responsibility sits with the lawyer to ensure the jury sees a clear, consistent narrative that was built on a solid foundation months ago, not days ago.
