It happened at last.
Always a fear in the back of any citizen’s mind is the spectre of Jury
Duty. Shockingly, I have voted
since I turned 18, and have never even received a summons. I don’t know if this was because I was
on some sort of government watch list, or if they just figured I would never
show up anyway. I do have a
tendency to ignore my mail, so there is a distinct chance I have received a
summons before but never even opened the envelope. You can't escape forever though. Your luck will eventually run out. Just like in combat, my number came up.
I had mixed feelings when I received the summons. Secretly I have always wanted to take
part in the judicial system. I
think I would have been an excellent trial lawyer as I am persuasive and would
enjoy the stage aspect of the courtroom.
I know I could confidently walk across the courtroom in a $2500 suit and
casually toss a legal pad on the table while badgering a witness. I do a variation of that all the time
with Leo right now for God’s sake.
It seems easy from the outside looking in. Let’s be honest though. I think those dreams would have come unraveled when I failed
to memorize any key legal statutes or procedures. My gut tells me that “Objection! The prosecution is being a total dick to my client!” might
not hold much water in the court room. My legal
dreams are probably akin to those people in the stands at an NFL game that are
just as positive they could go down on the field and play QB. I’ll bet just like in the NFL, the game
moves faster when you are actually on the field.
I had to report to the Elyria Courthouse in Lorain
County. The courthouse is on the
square in Elyria, which is sort of like the exact opposite of town squares like
Chagrin Falls OH, or Sonoma CA.
Where they have boutiques, nice restaurants, and charm, the square in
Elyria has closed karaoke bars, martial arts supplies, and drifters. The courthouse itself is a decent
building as it must be the town’s remaining source of income via court costs and
fines. You can’t miss it. It is the only building on the square
with any activity whatsoever. Stop on by. This building is an excellent place to meet a
single mother with tattoos on her breasts, amputee, or rangy looking dude with
a goatee that is continually in legal trouble. If I were a producer for the TV show “Cops”, I would do a
casting call here. It’s pure
gold. The building is a living
monument to low expectations and repeated mistakes.
I sat in a large room with one TV that played “Live with
Kelly” while the prospective jurors gathered. Upon arrival most people have the same look that a new kid
in any grade school has during his/her first day. “Where do I sit?
Do I know anybody?” This is
when I learned my first painful lesson about jury duty. “OK everyone. We will be gathering up everyone to go upstairs for jury
selection, but first we have to wait for the judge to finish up something. I’ll be back in twenty minutes.” Time is all relative. Each time someone said they would be
back in ten minutes, that meant thirty.
Twenty minutes meant 50-75.
The wheels of justice move slowly in this country, and that is mostly
due to the fact that everyone is stuck waiting around all day. I got more reading done here than on my
last two beach vacations.
Eventually we were placed in a line based on what number
prospective juror we were. I was
#22, and stood next to an overeager fat dorky guy in glasses and an elderly
black woman that never seemed to know exactly what was happening from moment to
moment. We were marched upstairs to the courtroom and then directed where to
sit. Due to the overflow of
prospective jurors, I was sat down directly behind the defendant. The defendant was in orange and white
striped prison garb, and sported a shaved head with very fashionable
glasses. I immediately wanted to
know what he looked like on his mug shot as his lawyer must have had him
cleaned up to look as presentable as possible. My guess is he was sporting a Charlie Manson meets Boxcar
Willie look prior to entering The System.
It was then I glanced to my left and noticed the black woman was crying.
“I don’t want nothin’ to do with this! I’m church people. I don’t think I have the right to judge
nobody.”, she said as tears streamed down her face. This was going on as the judge was giving pretrial
instructions to the crowd. No one
was paying attention to the fact that a sixty something year old woman was
totally falling apart three feet from the defendant. I leaned in and comforted her by saying, “It’s OK. They only take 12 jurors. We are numbers 22 and 23. They would have to dismiss ten other
people for us to be in the jury box.
You’ll be fine.” She
sniffled and looked up with a sudden flash of optimism. “Really?”
The prosecution was a petite cute little blond that was
wound up way too tightly. As she
made her way with seemingly pointless questions during jury selection, it
seemed like she needed to make a consistent effort not to fly off the handle
and shout at people. She had
worked very hard to be here and no one was going to mess up her career
godammit! I imagine her as someone
that would yell at you after you went out of your way to buy her something
because you got “the wrong one”.
Here sweetie! I got you
this perfume you like! “You know I
don’t like the #4! I like the
#3! If you ever paid attention to
anything at all you certainly would have noticed that! It’s just like last time when you were
supposed to pick up the dry cleaning on Tuesday but you waited until
Wednesday! How many times did I
tell you that blah blah blah…” In
short, she is probably perfect for the job of prosecutor. It’s nice to see
someone with the natural trait of “ballbusting” finding a perfect career match.
The defense attorney was a laid back guy I immediately liked
despite recognizing he was working us.
I identified with him as a guy that seemed amused by the tedious
protocol of the courtroom and had a bit of a fly by the seat of the pants
element to him. He seemed like the
kind of guy that wasn’t worried about finals because he had a buddy at the Frat
that had a copy of the test. While
everyone else tried to find the tickets for the Big Concert, he had a hookup
that would let him in the stage door.
If this was a high school class, he was the popular guy that breezed
through school while the prosecutor was the one that stewed about how “it
wasn’t fair” that things were so easy for him. He would have been just as at home selling upscale cars or PGA Golf Tour Sponsorships.
The jury selection dragged on. And on. And
on. There are a series of
questions asked to identify if there is some reason why you shouldn’t be on the
jury. For the most part, this
seems like a waste of time as no one was getting left off the hook. For example, the judge will ask, “Does
anyone here have a close friend or family member in law enforcement?”. (Almost everyone does by the way) He then asks, “Do you think your relationship
would be a factor in not allowing you to remain fair and impartial?”. Every single time the person responds,
“No.”. I mean, what the hell are
you going to say? “My brother is a
cop and he tells me that there are so many shitbags that go free because of
legal bullshit. So if this guy
actually got arrested, he’s probably guilty as fuck. Fuck this guy. Let's lock him up!” Everyone pretends that they are totally unbiased.
The interesting thing is when you first get called to jury
duty, you want to get out of it.
Then this weird transformation happens as the selection process
continues. Suddenly you find you
want to be on the jury mostly because the lawyers are trying to figure out if
they don’t want you. It’s like the
VIP phenomenon at a nightclub. As
soon as a velvet rope goes up around a certain area to make it “special”,
everyone wants to get in there. It
is the same with the jury. “What do you mean you might not want me? No! No, you want me!”
The fat dorky guy to my right had buddied up to an equally
plump dorky guy to his right. It
was obvious this was the biggest thing to happen to either one of these guys
since they saw Richard Petty signing autographs at a Wal Mart. They were so overstimulated and eager
to be on the jury I don’t think either lawyer wanted any part of them. At one point Fat Guy #1 leaned in to
the defense attorney and asked “You don’t want him on the jury, right?” after a question was fielded by a prospective juror across the room. The lawyer looked at
him with a look of mild disbelief and wrote something on his legal pad. It reminded me of when Travis Bickle asks the Secret Service guy questions in the movie "Taxi Driver". Within moments, Fat Guy #1 had been
dismissed. He was crushed. He
would now have to return to his life of farting into his sweatpants while
watching TV on the couch.
The lawyers dismissed jurors back and forth using their five
dismissals. Someone was sent out
because of a health concern. The
judge then started reading the numbers of the jurors. I was in. What? The black lady was in. Huh? He told us to get up and take our new seats. The woman had a stunned look on her
face that said, “But you told me this wouldn’t happen…” She had no idea that I didn’t know what
I was talking about and only had said those things to calm her down. We sat down in our seats in the box and
suddenly I was part of the jury.
What madman had allowed this to happen? As my brother later texted me, "They have text books about jury selection, but in none of those text books is there a chapter about someone like you."
Hey, whatever... I'm here now. Let's go! It was show time.
We knew the case was criminal, but we had no idea of any of the
specifics. Was it a murder? Had someone been kidnapped? Perhaps there was some international
intrigue… It looked just like the
movies. This was really happening!
Certainly if the case couldn’t be settled, it was going to be a real matter of
import that we as citizens would have to wade through in what would probably
become a landmark trial. Then the
opening statements began…
It turned out that Hillbilly #1 had been collecting “scrap”
(aka “garbage”) in his sister’s vacant garage. Hillbilly #2 (the defendant) and #3 decide they were going to load up a
trailer with a bunch of the garbage and sell it presumably for drug money. Hillbilly #1, very attached to his
garbage, kept close watch on his sister’s vacant house and his garbage. One day he drove up and discovered
Hillbilly #2 and Hillbilly #3 loading up a flatbed trailer with his
garbage. His Garbage! Hillbilly #1 calls 911 and leaves his
car in the driveway blocking them in.
Now if I was Hillbilly #2 or Hillbilly #3 I would have
waited for the cops to come and threw some bullshit story out about how they
were hired there to clean the garage and they didn’t know what this crazy old
man was talking about. (Hillbilly
#1 that owned the garbage was 74 years old.) Being hillbillies they, of course, make a hillbilly decision
and begin to ram Hillbilly #1’s car with their truck in an attempt to move him
out of the way. When this doesn’t
work, our defendant Hillbilly #2 gets out of the truck, picks up a 20 pound
motor and throws it through the driver’s side window. There is then some sort of tussle, Hillbilly #1 loses control of the
phone in which he was talking to the 911 operator, and Hillbilly #3 somehow
gets the truck at an angle so they can make their big escape across the lawn. Hillbilly #2 jumps back in the truck
and they drive away.
As there were literally tens of dollars at stake, Hillbilly
#1 tears after them in hot pursuit with his shitty Buick leading the
chase. The 911 operator has him
zero in on Hillbilly #2 and #3’s location which takes them into Elyria. Hillbilly #2 and #3 pull into a
convenient store parking lot, make a run for it and try to hide in some
weeds. They are, naturally,
captured in about 13 seconds by the cops.
Police reports are filed and the garbage is presumably returned to
Hillbilly #1.
The problem for our defendant is that Hillbilly #1 hurts his
shoulder in all the excitement and has to get a rotator cuff surgery. That means that instead of Hillbilly #2
being in trouble for breaking & entering, criminal tools, robbery, etc., he
now is facing felony assault charges and aggravated assault charges. There is a mountain of evidence against
Hillbilly #2, and even the defense attorney says, “Look, my client is guilty of
four of these charges. He did it. But he didn’t necessarily do the bad ones.”
We spend the next two days watching the uptight little
blond prosecutor become more uptight at the defense attorney. He tries out an angle of that the old man’s shoulder was
already hurt (which it probably was to some extent), but when you toss a motor
through a car’s window while telling the car’s driver to “move the fucking
car”, wrench on the old dude, and then the guy immediately gets admitted to the
hospital overnight for shoulder pain, there isn’t much you can do. Bam. Suddenly you are going to jail for over 10 years for trying
to steal garbage. Way to go Hillbilly
#2!
As I went back to the jury room to deliberate, ideas floated
through my head. I could have gone
with two different approaches and needed to decide which way to proceed. Approach one would have been
“Overbearing Jury Foreman”. As we
have seen from countless TV shows and movies, the role of Overbearing Foreman
would have required me to try to shove through a decision that made the other
jurors uncomfortable. I would have
had to have trampled on other’s opinions, cut off discussions, and said things
like “We all know he is guilty/innocent!
Let’s get this over with and go home!”. The key to that is to completely intimidate the mousy people
on the jury (there were at least six) and make them so unwilling to challenge
your position they would vote your way on anything as long as you didn’t call
them out in front of the group.
This is a role I could have easily fulfilled. I do it almost daily at work anyway. Plus I had already purposely secured the seat at the head of the
table just in case I decided to go this route.
The other role would have required me to be the silent
grumpy guy that makes a wild outburst after having said nothing for so long,
the fact you are even speaking stuns everyone to silence. Rhetoric should be focused on minutiae,
and show little understanding of what is actually being discussed. There should also be a tinge of
paranoia to the whole thing. For
example, let’s say the group is discussing if there was enough evidence to support
the defendant purposely tried to injure the victim. That’s a great time to let loose with, “Well, no one ever
asked me if I was going to get hurt when I went over to Viet Nam! Now we are all concerned about
rights? Well I didn’t see any of
you concerned about my rights when I got back from The Shit!”.
I decided on role #2.
An Italian guy with maybe the largest jutting forehead I
have ever seen from someone born after 50,000 B.C. was our foreman. He seemed like a nice guy. I am sticking with the fact that if you
froze him in a block of ice with a loincloth and a spear, he would be the most
important archaeological find of our time though. You don’t see too many guys with that Cro-Magnon look these
days, at least not in golf shirts. He did his best to lead the group into an efficient decision after quick logical discussion.
The back and forth was focused on the legal sticking points of cause and intent with the
mice being quiet, and the alpha males agreeing on his guilt. I let that continue for quite some
time. Then I let loose suddenly and loudly with
“Ladies and gentlemen of the jury, who amongst us hasn’t lost their temper and
thrown something through a car window?
Who amongst us hasn’t at least thought about it? I put to you that this 74 year old man
is nothing but a whiplash hustler!
Now don’t get me wrong… I’m
not condoning the acts of the defendant…
I am just asking for a little empathy. Is he really guilty? Let’s take a real close look here…” That’s when almost everyone went crazy
shouting about how guilty he was from top to bottom. I let that go on for awhile as I appeared to thoughtfully
consider the evidence.
I finally gave it up. “Oh, I know he’s guilty. I just wanted to play devil’s advocate and see if you guys
got fired up.” There was some nervous
laughter, but mostly relief as people exchanged glances communicating how
excited they were about finishing this thing up and probably getting me out of
their lives. We voted unanimously
to find Hillbilly #2 guilty on all counts because he was guilty on all
counts. Sucks to be you man.
So now I walk tall, the unblinking eye of justice. I am safe and secure in knowing that I
have kept the garbage of Lorain County safe, and that abandoned house will
continue to be overrun with trash.
Justice has been served.
The system worked.