In the 2010 trial of rigger William Rapetti related to a separate fatal New York crane collapse in 2008, the union worker's attorney said he opted for a bench trial to avoid an emotional response from the jury—believing that a judge would follow the technical complexities of the trial more dispassionately.

The bid paid off when Rapetti won an acquittal.

A year later, three construction defendants accused of causing a 2007 fire in a Ground Zero-area building being demolished that killed two firefighters, hedged their bets. Two won acquittals from juries. A judge cleared their site colleague but handed down a partial conviction to a corporate defendant, the project's original demolition subcontractor, John Galt Corp.