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Jury Duty

metirish Oct 20 2016 02:42 PM

Just finished jury duty at the Bronx Supreme Court. Case settled yesterday afternoon after we heard from the plaintive and she was questioned by her attorney and the defense. When I got he notice to report I was happy , went there Monday and a long enough day of filling out forms etc. Got called along with 24 others and selected and sworn in as a juror on Tuesday morning. That process was very interesting, getting questioned by both attorney's can be a bit nerve wracking, but definitely a lot more interesting that I imagined. It was obvious some of the prospective jurors wanted out by their responses to questions , it was a civil trail so they gave us some details to gauge our feelings on compensation/negligence etc. So , Wednesday morning the case started, directions from the judge, opening statements form the attorney's. Plaintive took the stand as the first witness, her attorney set things up nicely but then the defense(older white haired man) started his probing and sure enough the girls timeline started falling apart. We were sent to lunch and when we came back the judge explained the case settled. We were sent back to Room 212 to get out dismissal papers, that's when something really interesting happened, both attorney's met us out in the hallway and the plaintive's attorney asked if we wouldn't mind giving him an honest assessment of how he did for his "own professional growth" . So for 30 minutes we sat with both attorney's and went over what we thought was good and bad, his own client contradicted his opening statement under questioning, he said that was always going to be a problem , no matter how well coached. It was overall a fascinating experience and truthfully I was a little disappointed it settled so quickly.

Edgy MD Oct 20 2016 03:07 PM Re: Jury Duty

Great to see you. Yeah, the first hand civics lessen is fascinating. I agree. The gravity of our responsibility! But then the deliberations started. *puke* We're a world full of people incapable of talking with someone we disagree with. All opinions are valid, and so many don't feel any obligation to marshall facts. The divide of guilty vs. innocent turned into a room of moon landing deniers vs. black helicopter enthusiasts. What a painful four days that was, and I'm glad to see you were spared.

Ceetar Oct 20 2016 03:20 PM Re: Jury Duty

I've got Jury Duty 11/7. Will be my third time If I wind up on a case. Last time it didn't last past lunch, though it took all day to select me for the case. We watched my cousin vinny. Defense pretty much eviscerated the prosecution and they settled. Something about injury compensation, nothing exciting. You could tell the woman was being stubborn about settling but it became pretty clear. First time was a whole week of 'how hurt is this guy and should he get more money?' and then a day and a half of deliberation as we decided on compensation.

d'Kong76 Oct 20 2016 04:08 PM Re: Jury Duty

I haven't been summoned in like two decades. Weird. I'm registered to vote, own a car, pay real estate taxes, and post pictures of my dog on facebook! Call me, I'm in the book.

sharpie Oct 20 2016 04:14 PM Re: Jury Duty

I deliberated and came to a verdict on a case about 20 years ago. Was interesting and frustrating at the same time. The lawyer for the state (criminal case) stayed afterward to talk with us (car theft and stripping case, found the guy guilty on most counts). Then, this year I spent two weeks on a grand jury. That was actually pretty interesting. Worked on, I think, 19 cases. Usually, but not always, let the case go forward. A word of advice, if you are accused of a crime and there is a grand jury hearing to determine whether or not your case should go to trial and you have the option of testifying -- do it. Most don't and without any case for the defense being made a grand jury will almost always indict.

Mets Guy in Michigan Oct 20 2016 04:23 PM Re: Jury Duty

I've been called a number of times, but have never been seated. I was a journalist at the time, and the son of a police officer. They'll never take me. But watching that process, and watching the people say things hoping not to get selected, was concerning. If I was ever falsely accused and on trial, I'd want to see a jury of my peers, not a jury of people who couldn't get out of it. Kudos to you for doing it.

John Cougar Lunchbucket Oct 20 2016 04:28 PM Re: Jury Duty

Only been called once and rejected because I called one of the interviewing attorneys on describing elective surgery as "unnecessary surgery." Thank you, you can go home now.

Ceetar Oct 20 2016 05:03 PM Re: Jury Duty

Mets Guy in Michigan wrote: I've been called a number of times, but have never been seated. I was a journalist at the time, and the son of a police officer. They'll never take me. But watching that process, and watching the people say things hoping not to get selected, was concerning. If I was ever falsely accused and on trial, I'd want to see a jury of my peers, not a jury of people who couldn't get out of it. Kudos to you for doing it. This is probably a bigger deal out in the rural areas I guess, but on Long Island and North Jersey they're hardly lacking for volume of people so that if you're not particularly interested you're better off. Besides, people that desperately don't want to be there aren't likely to give fair judgments.

metirish Oct 20 2016 05:11 PM Re: Jury Duty

Here is something really random, on the second morning with questions resuming for prospective jurors the attorney asked of having the night to sleep on things if there was anything they would like to share. Guyanese says yes " I just remembered my sister murdered her husband a few years back, I thought I should share that" , thud , silence and general wtf?....it was a combination of his accent and wording and frankly what happened that just seemed so random.

Gwreck Oct 20 2016 05:34 PM Re: Jury Duty

sharpie wrote: A word of advice, if you are accused of a crime and there is a grand jury hearing to determine whether or not your case should go to trial and you have the option of testifying -- do it. Most don't and without any case for the defense being made a grand jury will almost always indict. Witnesses testifying before the Grand Jury do so with a grant of immunity. If a defendant wants to testify before the Grand Jury, they have to waive immunity when doing so. If you really didn't commit the crime, well, this might not be as big a concern.

themetfairy Oct 20 2016 05:47 PM Re: Jury Duty

Gwreck wrote: sharpie wrote: A word of advice, if you are accused of a crime and there is a grand jury hearing to determine whether or not your case should go to trial and you have the option of testifying -- do it. Most don't and without any case for the defense being made a grand jury will almost always indict. Witnesses testifying before the Grand Jury do so with a grant of immunity. If a defendant wants to testify before the Grand Jury, they have to waive immunity when doing so. If you really didn't commit the crime, well, this might not be as big a concern. Even if you're innocent, I wouldn't advise giving any more sworn testimony in a matter than you absolutely must give. Anything you cay can be used against you, and even truthful statements can trip you up down the line if you misremember something. The prosecution in a criminal trial has to prove its case beyond a reasonable doubt. Don't do anything that could make things easier for them.

Edgy MD Oct 20 2016 05:50 PM Re: Jury Duty

Mets Guy in Michigan wrote: I've been called a number of times, but have never been seated. I was a journalist at the time, and the son of a police officer. They'll never take me. Journalist and the son of a police officer, too. They took me and put me on a first-degree murder case.

Lefty Specialist Oct 20 2016 06:22 PM Re: Jury Duty

I've been called many times but only got onto a case once. A drug dealer in Elizabeth, and we had to let him off because the cops were so incredibly incompetent. Two cops testified separately and they gave completely different accounts of what was going on. One said it was in a particular location and the other said he was two blocks away from there. They even identified him as driving two different cars. The public defender couldn't believe his luck. We knew the guy was probably guilty but we had to let him go. After the trial, most of the jurors rode down together and who steps on to the elevator with his girlfriend but the guy we just let off. He flashes a shit-eating grin and one of the other jurors said, "Don't worry, you'll be back." And I'm betting he probably was.

Frayed Knot Oct 20 2016 06:39 PM Re: Jury Duty

Too bad you didn't get to be on one of those cool juries where they encourage you to pose for pictures with the sports star you just acquitted. [fimg=300:2jgqojze]http://assets.nydailynews.com/polopoly_fs/1.2837208.1476919269!/img/httpImage/image.jpg_gen/derivatives/article_1200/article-rosejury-1019.jpg[/fimg:2jgqojze]

d'Kong76 Oct 20 2016 06:45 PM Re: Jury Duty

Lefty Specialist wrote: After the trial, most of the jurors rode down together and who steps on to the elevator with his girlfriend but the guy we just let off. He flashes a shit-eating grin and one of the other jurors said, "Don't worry, you'll be back." Trying to decide if that's pretty balls-ey or or pretty stupid. How does anyone know if a guy like that won't crack a head open with a tire iron in the parking lot for crackin' wise with him? Guess I'll go with pretty stupid.

Nymr83 Oct 20 2016 07:40 PM Re: Jury Duty

A word of advice, if you are accused of a crime and there is a grand jury hearing to determine whether or not your case should go to trial and you have the option of testifying -- do it. No Way.

MFS62 Oct 20 2016 10:53 PM Re: Jury Duty

I've served on a jury several times, including a murder case. The last time I was called, they wanted me to serve when I had vacation scheduled, so I checked the "I'm too old" box (I guess it varies by state) and was excused. But I didn't check the "permanent out" box (or whatever its called). It might be interesting to serve again. Later

Fman99 Oct 21 2016 01:55 AM Re: Jury Duty

I didn't even make it into the jury box for interviewing as a potential juror. One day and done. See you in 2035 or thereabouts, I suppose

Nymr83 Oct 21 2016 01:19 PM Re: Jury Duty

yeah my last time was EASY to get off - they put me on jury selection for a fender-bender, plaintiff's attorney asked if i "could award damages for pain and suffering" - I responded "if you can [u:1dar4m8o]prove[/u:1dar4m8o] them" - he was quick to be rid of me along with a police officer and anyone else who seemed educated.

Rockin' Doc Oct 21 2016 11:12 PM Re: Jury Duty

I was called once around 25 years ago. Had to spend about an hour at the county courthouse on Monday morning. We were given a phone number to call by 7:30 AM each morning to see if we were needed for a case. Called every morning and was told I was not needed. On Thursday morning I was released from potential jury duty. Essentially had a week of unplanned vaction around the house. Never been summoned again. My wife has never been pulled for possible jury duty.

Mets Guy in Michigan Oct 22 2016 12:24 AM Re: Jury Duty

Edgy MD wrote: Mets Guy in Michigan wrote: I've been called a number of times, but have never been seated. I was a journalist at the time, and the son of a police officer. They'll never take me. Journalist and the son of a police officer, too. They took me and put me on a first-degree murder case. So there is hope for me!

batmagadanleadoff Oct 22 2016 01:03 AM Re: Jury Duty

Nymr83 wrote: yeah my last time was EASY to get off - they put me on jury selection for a fender-bender, plaintiff's attorney asked if i "could award damages for pain and suffering" - I responded "if you can prove them" - he was quick to be rid of me along with a police officer and anyone else who seemed educated. It's got nothing to do with education. The plaintiff's attorney was probably able to peg you from a million miles away that you're probably the type of juror where an actual plaintiff would have to suffer about a million dollars worth of injuries, pain and suffering and other damages for you to grudgingly award, maybe, thirty or forty thousand dollars. Let me guess. You're probably for tort reform, right?

Nymr83 Oct 22 2016 01:41 AM Re: Jury Duty

he booted the 4 college educated folks and kept the 2 that werent while i was sitting there. if thats the impression he got of me then good - like i said, i wanted to leave tort reform? that is a nice generic term for many things - i'm for and against many proposed changes to the system i've heard put forth.

RealityChuck Oct 22 2016 03:10 AM Re: Jury Duty Edited 2 time(s), most recently on Oct 23 2016 01:16 AM

I've been regaling people about my time on jury duty ever since it happened about a year and a half ago. It was an arson case. When I got in the jury box on the second day of selection, they had us write down various things: favorite TV shows, clubs, organizations, etc. I figured I'd never be called, so I listed Doctor Who as my favorite TV show, and mentioned all my connections with science fiction writing and fandom. After everyone spoke, the DA came up and said, "In all my years as a DA, this is the first time I've found another Doctor Who fan. Who's your favorite Doctor?" I stammered out "David Tennant," so I'm on the record as saying that under oath. But I figured that was the end of it for me: the defense would not want someone with that sort of connection with the DA on the jury. I was wrong. I was chosen for the trial, juror #11.* The charge was that a woman and her adult son had hired a 14-year-old boy to torch a rental property they owned. The defense was claiming it was a frame and that someone else had been the mastermind behind it. It was pretty clear that this was arson, and the boy testified for the prosecution. He was a very believable witness. We also discovered that the woman had taken over the house, collected rent (until the tenants decided to withhold it because it was falling apart), and didn't pay the mortgage. The front porch was so dangerous that the USPS wouldn't deliver mail and the house had lost its certificate of occupancy (and its tenants) The house had no insurance, but a month before the fire, the woman bought a policy that was far more than the house was worth. The fire took place the day the next insurance payment was due. After the fire, the woman evaded any chance to talk to the insurance company (she was not charged with insurance fraud, BTW; since she didn't cooperate, the insurance company denied the claim). She also avoided the fire inspectors. She only talked to them when she was picked up on a traffic violation. They took her to the station, and she worried about her car, so a cop volunteered to drive it to there. And when he got in, her cell phone was on the passenger seat in plain sight. Guess what they did with that? The prosecution laid out a pretty strong case. Finally the defense took over and it turned to farce. First up was the woman's boyfriend. He made the claim that the DA had promised to fix his immigration problems if he lied. The DA got pissed. He reminded the guy they had a transcript of his interview and one of the things he said about the woman was that "She was just a piece of ass to me." Then the woman testified. She was just as evasive as she was with the insurance agent. The DA got her cell phone records and list of texts and calls -- it was about 50 pages, double sided. He asked her why on the day of the fire, all her texts had been deleted. She mumbled she didn't text all that much. The DA waved the 50 pages. He also showed photos from her cell phone (the one left on the car seat) showing them celebrating the day after the fire. Then her son testified. He did something right out of Perry Mason: Said something that he wouldn't have known if he was telling the truth. Then he said he knew because it was presented as evidence in the trial. Wrong. It was complicated, but technically the fact was not presented (though it could have been deduced). Then the DA went in for the kill. He asked where the guy was on a particular date. After hemming and hawing, he admitted he was in jail (his arrest violated his parole). And when he was there, he spoke to his girlfriend. On the jail phone. Yes, the one that has a big sign over it saying that your calls are monitored. And he said to his girlfriend "We have a good thing going here. Don't blow it" [by talking to the DA]. Another call had him saying his mother was in on it. At that point, we broke for lunch. It was a long one, and when we came back to the courtroom, they defendants were gone. They had taken a plea. We'd been involved in this for seven days (not counting the weekend) so the judge had the lawyers stay to discuss the case. That was fascinating. The defense said they had begged the two to take a plea, but they had insisted on a trial, and they had to made a case out of nothing. I had been thinking that one of the lawyers was not doing a good job, but I realized then that there was no way any lawyer could make anything out of what they had. They suspected that the two figured that if they hired someone to torch the place, they couldn't be convicted (they had each other as alibis, after all!). The kid, BTW, had been put into a school for at-risk youth and was turning his life around. The DA and I talked a little about Doctor Who and I mentioned that I had thought that since the two of us were fans, they wouldn't put me on the jury. The defense said they thought that my reading science fiction meant I might be more willing to accept their story. Overall, it was more entertaining than TV. *It reminded me of a great little mystery story I read years ago called "The Eleventh Juror."

John Cougar Lunchbucket Oct 22 2016 12:15 PM Re: Jury Duty

Great story!

metirish Oct 22 2016 08:31 PM Re: Jury Duty

Yes, great story , love this The defense said they thought that my reading science fiction meant I might be more willing to accept their story.

Nymr83 Oct 23 2016 12:03 AM Re: Jury Duty

that was awesome.

Edgy MD Oct 23 2016 02:35 PM Re: Jury Duty

That phone is great. My friend Mike is a criminal defense attorney. And contrary to what TV might have you believe (but probably what you all suspect is true) the ADAs and the defense attorneys tend to be backslappin buds outside of the courtroom. One of the ADAs comes into his office to dump evidence, Mike thanks him, but he doesn't leave. Mike says, "What?" as he sees the ADA standing there with goofy grin. "PLAYTHEPRISONPHONETAPENOW!!" he spurts, his eyes watering with suppressed laughter. Mike pops it in, and it's a tape of his client begging his girlfriend to "lie and tell the police I was with you." Every time the girlfriend tries to object, or speak up at all, he tells her to shut up, because "they record these phone calls," before reiterating his demand that she "lie and tell the police I was with you." Mike tells the ADA that even though they've got his client in a noose, his client will likely still refuse to deal, and is adamant about having his day in court. The ADA tells him not to worry, that he'll be playing that tape in the courtroom that afternoon, putting Mike out of his misery. The tough part for Mike was not laughing himself when seeing 12 jurors and two alternates simultaneously do the classic movie take of jaw-drop/eye-roll/swing-head-exaggeratedly-toward-the-too-stupid-to-be-believed defendant. He wants to release a compilation of stupid self-indicting things people say on prison phones.