“I think that they figure that most negligence cases are civil cases, but the idea that somebody goes to prison really requires a higher degree of culpability,” Little says. He says the difference between criminal and civil negligence could hang on “gross” disregard, which can be more difficult to prove in the construction industry than in other fields.

Throughout the Deutsche Bank trial, Little repeatedly told the jury that his client was a “scapegoat” for a “tragedy." Despite the presumption of innocence, Little says, “The starting point for most jurors is, ‘Gee, the prosecutors indicted these guys. He must be guilty.’ ”

Still, Little says he, like most defense attorneys, would prefer a jury trial.

“You just need to convince one out of 12 people,” he explains. “If you get a hung jury, the state can reprosecute. But, generally, they run out of gas, and they don’t want to do it again.”

Attorneys for the defendants have not publicly announced how they will present their case.