Pick Your Pop Culture

So, I've like written about music for 25 years, and like I've got a lot to say and not enough people to pay me for it, and like I like to write about TV, and books, and movies, and stuff like that.

Friday, April 15, 2005

Doing My Jury Duty or: The Longest Post Ever

The idea was to accept jury duty as a break in my routine at work. But, as I mentioned, there is no job, hence no routine. In fact, after going to the Civil Courts Building the first four days of this week, I think I’m now going to miss a new routine already.

I’ve always been a strong supporter of the jury process, so there was never any question of trying to avoid the duty. I believe in the principles of our legal system, even if there are chinks in its armor of execution now and again. And, I’ve watched about a million TV shows with courtroom sets, from Judge Judy to Perry Mason to all the Law and Orders to my late, lamented Murder One. I’m at least somewhat familiar with the processes.

Four days of jury duty, including sitting on a trial, netted me $72, which is more than I earned the previous week. Alas, my new job will have nothing for me to do for at least another 3 and one half years, which means I’ll probably have to start searching for something else in the interim.

DAY ONE:

Monday morning, armed with a big thick novel and a giant cup of iced tea, I marched into the waiting room figuring I’d be sitting there all day long just like the last time I was called back in 1990. That time, I had not brought anything with me, and I was bored out of my skull waiting for my number to be called. Of course, this year, I was put on the first panel called at 10 am. That had still left me two hours to read, and enough time to finish my tea before going up to the court room.

The St. Louis Civil Courts Building is a beautiful old skyscraper dating back, I believe, to the late 1920s or early 1930s. One of its best features is the grandness of the courtrooms themselves. They are large, with tall windows, high ceilings, and plenty of room for all the participants in the trial. I felt filled with awe walking into the room, seeing the lawyers seated at their tables, as well as the defendant.

Unless you watched “Murder One,” you’ve probably never seen the voix dire process on TV. That’s where the lawyers question the panel of 48 potential jurors seeking to weed out the ones who would be prejudicial in advance of hearing evidence. From 10:15 or so, when the judge actually arrived, until 3:30, that’s what we did. Well, except for the many hours of non-consecutive recesses we had.

The prosecutor on this case did her best to put everybody at ease. She told us this was a trial in which the defendant was accused of kidnapping, forcible sodomy, attempted rape, and one other charge I can’t remember. Many questions followed, with way too many answers. One thing I learned about this process. Citizens take their personal experiences seriously, and want to tell lawyers and judges about them in excruciating detail.

I was impressed to find another guy on the panel whom I had gone to high school and college with. I hadn’t seen him since 1979, and wouldn’t have recognized him at first if she hadn’t said his name. We had a grand time chatting during one of the interminable recesses.

The defense attorney was completely different than the prosecutor. Where she tried to be friendly, he tried to appear intense. He told us that he and his client didn’t have to do anything, and could sit and play cards during the trial if they wanted, because the burden of proof was on the state, not on the defense. He also told us he would act like an SOB when questioning the victim of this crime, because that’s what he would have to do to defend his client. I was torn at this point, because I understand the need for a vigorous defense, but I am generally offended when victims get blamed for rape. I was curious to see how that trial would have gone, but not especially sorry I didn’t get picked for it.

Back downstairs at 3:30, and by 4 pm I was on another panel in another courtroom. The judge read instructions, and introduced everybody, but that was it for Monday.

DAY TWO

Another day, another voix dire, this one longer and more painfully detailed. I was shocked at how many people out of a randomly selected group of 48 had been victims of crimes, had relatives who had committed crimes, or had committed crimes themselves. I could hear individuals on the panel talk themselves off the jury as we went along. One guy, when asked about opinions regarding firearms used in a crime, told us he has co-authored legislation which will be introduced in the Missouri Senate which will give mandatory sentences of something like ten years for any crime committed with a gun, and as if that wasn’t Draconian enough, to purposely separate the criminal from his or her family, their sentence would be served in another state. It was scary watching his eyes widen and his cheeks puff up as he told this story.

The prosecutor in this case reminded me of a taller version of the guy who played the prosecutor on early seasons of “Homicide: Life on the Street.” The defense attorney looked like a taller version of a friend of mine, so much so that I was convinced Tony Patti was sitting at the table when I walked in on Monday. I suspect that my friend Tony could have mounted a stronger defense than this guy wound up presenting, but I’m getting ahead of myself.

The defense attorney told us the robbery in this case involved a dog who was taken and never returned. This served to weed out even more jurors. Strangely, he only asked opinions of people who currently own dogs, ignoring the possible strong views of people who either have recently lost their dogs, or who just love all animals so much they would be even more prejudiced against a criminal who caused harm to come to one. My view on this was that, while I would certainly be angry about the animal’s involvement, I would still be able to judge the facts in the case impartially. If he did the crimes – which were bad enough even without the dog – I would find him guilty. If there was no evidence that he did them, I would vote not guilty.

After all the questions had been asked, the attorneys and the judge gathered around to consider strikes for cause. I was familiar with this process through “Murder One,” though I assume in California courts, the strikes take place as the questions are answered, rather than at the end. At any rate, this time we waited forty-five minutes as juror after juror was removed from contention. At that point, I realized my odds had changed from twelve in 48 to about one in two of making the jury.

Yup, I was seated in the box along with eleven other individuals. And, soon enough, the attorneys were making their opening statements. The prosecutor was telling us that the defendant stole at gunpoint a 2000 Lexus from a man who had just parked in front of his daughter’s home to deliver her some White Castles. This was in February two years ago. Three weeks later, he robbed a purse, again at gunpoint, from a woman as she was walking into her parents home. The defense attorney asked us to carefully listen to all the evidence, and to agree that his client couldn’t have done these crimes.

Then came the first witness, the detective who caught the defendant. Evidence was entered, as the detective explained that he showed the two victims photographic line-ups, a set of four pictures which could have included the perpetrator, though they didn’t have to. The victims each picked out the defendant. Then he told us about the physical line-ups, each of which led to the same identification. The defense attorney objected to the introduction of every bit of evidence regarding identifications. I began to think he was playing for an appeal, though I couldn’t for the life of me figure out what was wrong with this evidence. Time then to go home.

DAY THREE

In the morning, we heard from the two victims in this case, both of which clearly and firmly told their stories in detail, and seemed absolutely certain that the defendant was the man who robbed them. He definitely has a memorable face, and I think his features would have been seared into the mind of anybody being held up at gunpoint by him.

But, still, I want to presume him innocent, and I wait for the defense attorney to poke holes in the evidence. Instead, he fiddles around trying to convince us that one of the line-ups wasn’t good, because the robber wore a black hoodie, and in the line-up, the defendant was the only person wearing a black hoodie. He hammers on the fact that when questioned after the robbery, both victims mentioned the robber had gold teeth, and the defendant doesn’t have gold teeth. He talks again and again about different hairstyles of the robber and the defendant, even though hairstyles can be changed. In short, he has nothing that can create any doubt about the testimony of the witnesses.

That afternoon, the defense presented their case. First, came a witness who lived with the defendant at the time the robberies were committed. He was the boyfriend of the defendant’s mother. According to him, the defendant would generally do the following during the last two weeks of February, 2003 (which would include the specific date of the second robbery, though not the first): he would sleep until 3:00 pm, then get up, listen to his radio, and get on his computer until 3 or 3:30 in the morning. He could not say anything specific about the actual date the crime was committed.

Then came the defendant himself. If I’ve learned anything from watching crime shows on TV, it’s that this is almost always a bad idea, and this real life example was stunning in proving the adage. First, his alibi differed from the one his mother’s boyfriend had just tried to give him. He would either be at work at McDonald’s during that time – though he was off on the day of the crime – or at his friend’s house two doors down the street, or at home watching videos on TV or on the computer. He was always watching videos.

The defense attorney asked him about gold teeth, which was a huge mistake on his part. The defendant did say he had one in the back of his mouth, but none others, and that he had never worn temporary gold caps.

Uh-oh. What’s that glinting in the prosecutor’s mouth? I don’t remember him having any gold teeth before. On cross examination, the prosecutor asked if the defendant could see the gold in his mouth. Then he popped it right out in two seconds, destroying any question that gold teeth mattered at all. This was as good as any TV lawyer I’d ever seen.

From there, the defendant fell apart. “Do you remember what you were doing on February 2, 2003?”

“Wait, on what day, now?”

“What day? You’ve been here for three days, you’ve heard us mention the date many times. This is your trial! How can you not know what day we’re talking about?”

Further questions started bringing a combative attitude towards the prosecutor. Twice, the defendant actually asked, “What is your point?” before the judge cautioned him to answer the questions, and to avoid asking any himself.

That was it. That was all the defense had. No further witnesses, nothing that could counter the credibility of the prosecution, no hint of doubt that we could grasp in that jury box.

The judge asked if we wanted to go ahead and hear closing arguments and retire to the jury room for deliberations. I was in favor of it, but the vote in the jury was five to five with three abstentions, so we adjourned one more time.

DAY FOUR

Remember that book I mentioned on Day One? I was up to page 379, reading whenever there was a break in the action, just thirty pages away from the end when we were finally called in to the courtroom, forty-five minutes after schedule. I’ll tell you about that book one of these days.

Closing arguments were presented. The prosecutor was boring but strong. He pointed to each of the elements of the charges, and told us how he had presented compelling evidence that the defendant had done as the charge read. The defense attorney wandered all over the place. He started talking about how the witnesses never gave a physical description of their robbers, though we had no way of knowing this, since he never asked them about such a thing. He focused on gold teeth as a ridiculous method of hiding one’s identity, as if that was ever implied to be the reason the caps were worn in the first place. He tried to imply that the two crimes were done by different people since they were different sorts of crimes. In short, he did his client no favors at all.

On to deliberations. I was firmly convinced, as were nine of my fellow jurors, as soon as we walked into that jury room, that this guy was guilty on all four counts. (He was charged with armed robbery in each incident, along with the additional charge of armed criminal action for each. Now, philosophically, I don’t think I feel comfortable with a crime existing merely for the purpose of adding a mandatory sentence to a different crime, which is what we’re talking about here. If you’re convicted of a crime involving a deadly weapon, then you have to be convicted of this additional crime, too. But, mine was not to be philosophical, but to determine the facts, and he was guilty.)

The doubts that existed were minor. One guy was not at all pleased about the line-up with the black hoodie. I agreed this was a serious mistake on the part of the police. To be fair, a line-up should not be set up in a way that could call extra attention to the person who was under suspicion. But, the line-up was only one of three identifications of this suspect for this crime; the other two seemed pretty clear-cut.

Two other jurors were concerned about being wrong, even though they were leaning towards believing his guilt. Thus, we took about an hour with everybody offering opinions about the case. There was a lot of serious discussion, with some very interesting viewpoints, though sometimes it could veer off into paths far from the topic. I remember somehow there was suddenly talking about the roles of parents in modern society.

Eventually, the votes were in, and we were brought back down to reveal the defendant’s fate. This 19-year-old kid, who was 17 when he was first arrested for these acts, was found guilty on all four counts, and he burst out crying when the third one was revealed. It was heart-breaking, and I certainly understood the sickening feeling described by some of my fellow jurors. Still, I knew we had done the right thing, as hard as it was to consider the results of our decision.

The judge came back to talk to us after the trial, and he actually told us about some of the issues discussed at sidebar, which was fascinating. I very much appreciated that he was opposed to mandatory minimum sentences as well. He seemed like a very sensible, prudent, and liberal judge.

Finally, after lots of chit-chat from the bailiff, who I liked but who loved to talk about her job more than anything else in the world, there was an opening to get out of there. I was ready to go home for the first time in days (I wasn’t spending a whole lot of waking time at home Monday or Tuesday night, and Wednesday I had gone out).

The experience was fascinating. I wouldn’t call it pleasant, though I did tell my fellow jurors it was a pleasure to share it with them. I think it was the strenuous efforts by all concerned to be fair, to really deeply consider what we were doing, which impressed me the most. I know for a fact that the twelve of us came from dramatically different backgrounds, that we had very little in common socially or politically. But, when given an opportunity to weigh facts, we were able to come to a common conclusion with little or none of it based on our backgrounds. In other words, it showed me that people are better than they’re often given credit for being.

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