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Mistrial

Edgy DC Sep 08 2011 05:49 PM

Finished a two-week stint in jury service. I've been called many times but never been chosen. I always had a curiosity about it and wondered why it was so awful for folks. And my God, it turned out to be everything they said it was. For one, we were deliberating on a count of first-degree murder. For two, it's hard in DC to get 12 folks together and someone not have someone play the race card. For three, the lawyers let a fox into the henhouse, as one of our jurors --- who was voting with the majority --- was a most unpleasant woman who had a ton of prejudice against the government and should have been disqualified early in the process. Locked in a room for four and a half days with this woman undermining the process was just torture. She spent the last day and a half watching videos with earbuds in her ears and reading magazines. Looking up only to derail the conversation every 45 minutes. Brutal. Couldn't even agree on a process of deliberation. And so much other stuff in my life I need to get on. So we hung, on six different counts. And a mistrial was declared. And I guess that's for the best. Prosecutors and the accused bother. I couldn't conscientiously convict based on those deliberations. I couldn't conscientiously let the guy walk. But we watched this victim's grandmother weep on the stand describing seeing her grandson bleeding out in the middle of the street, and now she's got to go through it all over again. US vs. Willie Parker --- maybe next time.

Ceetar Sep 08 2011 05:55 PM Re: Mistrial

my one experience with Jury Duty wasn't bad (although my company stiffed me and I didn't realize it immediately) it was mostly boring really. it was a very boring case. a guy had some back damage from a car accident, and basically we were determining how much money he deserved in a settlement. fault had already been established. I can't imagine doing a murder trial though. Much more on the line. We bickered for days on how much the guy deserved, dealing with actual guilty/not guilty can't be smooth.

metsmarathon Sep 08 2011 06:49 PM Re: Mistrial

i had an arson trial a while back. i still think the guy did it, but the prosecutor didn't make a strong enough case, leaving enough room for doubt. the defense wasn't that good either, and i don't think we acquitted for any reason that the defense attorney necessarily provided, just that the case was weak.

Edgy DC Sep 08 2011 07:08 PM Re: Mistrial

That's where I was. I thought the guy did it, but not enough facts were on the government side, and I couldn't bring myself to walk in there, look him in the eye, and say "I know you did it." For the first two and half days, I voted undecided. It was nine to acquit, two to convict, and me*. Then I went over to the not-guilty side, and things got really ugly. The guy who who was trying to argue guilty was getting nowhere, but he was tagged a racist for persisting in his arguments. I really admired him for sticking it out. And I appreciate that he didn't cave. *One other woman was willing to go for second-degree murder, but when you look at the method, I don't know how you can call this anything but premeditated and deliberated, no matter who did it.

Fman99 Sep 08 2011 08:55 PM Re: Mistrial

Twenty years since I became legally old enough to participate in the process and I've never been called, summoned or otherwise contacted about serving on a jury or grand jury.

metsmarathon Sep 08 2011 10:26 PM Re: Mistrial

apparently, you get three years between services in my old county, or perhaps statewide. three years almost to the day after my first jury dutying, i got called again. it would've been a case involving some kid who'd vandalized a local golf course. i think in coming across as a nice young man, smart, and an engineer, working for the army, etc. the defense wanted not a damned thing to do with me. they were however licking their chops at any motherly or grandmotherly types that were called.

Gwreck Sep 08 2011 11:08 PM Re: Mistrial

Curious: did you ever consider alerting the judge to the juror's behavior? Thank you for fulfilling your civic responsibility.

Edgy DC Sep 09 2011 05:02 AM Re: Mistrial

Some were drumbeating to do that, but there were more interested in sending him "we're at a hopeless impasse" notes. She was, as noted, with the majority, impossible though she may have been. Murder one. Reading a magazine.

Vic Sage Sep 09 2011 01:20 PM Re: Mistrial

did you call her on it, with a Henry Fonda moment?

Edgy DC Sep 09 2011 01:32 PM Re: Mistrial

Absolutely not. In fact, I went over to her side after being undecided for the first two days. I was prepared to dissuade people from their positions. I wasn't prepared to dissuade them from their insanities.

Benjamin Grimm Sep 09 2011 01:34 PM Re: Mistrial

Maybe you should have tried a Robert DeNiro moment (from The Untouchables) instead.

Edgy DC Sep 09 2011 01:39 PM Re: Mistrial

Only scene I managed was a crying one.