Monday, June 20, 2011

Court Recesses for the Day -- My Thoughts on Being a Juror

The Casey Anthony Trial was expected to end this month. After today, will there even be a trial at all by then?
The jury, by now weary of constant delays, didn't even get sat Monday as Judge Belvin Perry recessed for the day, for reasons unknown to us. This happens a lot. My concern is that because of attorney bickering and accusations of ambush tactics with surprise witness testimony, there could be grounds for a mistrial if these shenanigans continue. At the very least, defense attorney Jose Baez has already been threatened with Florida State Bar action by Judge Perry when this is all over.
With no testimony to discuss, I'll talk about my experience as a juror.
I received the letter we all have gotten at some point in their adult lives -- "You have hereby been summoned for jury duty at such and such a date. If you have any reason to be excused, please call so and so or else be there promptly."
I had mixed feelings about being a potential juror. For one thing, it doesn't pay that well. Secondly, I would be missing at least a week of work. But part of me wanted to take part in the justice system, because I firmly believe in the concept of trial by a jury of your peers. So I reluctantly trudged to the courthouse and found my way to the appointed courtroom. I joined about 100 folks also summoned for the as of yet unknown case to be heard. Upon being called, I was peppered with questions by both prosecution and defense attorneys during voire dire about my ability to be impartial, my background, etc. I was a newspaper reporter at the time, and was familiar with the legal eagles present in the courtroom. I wasn't sure if this would work for me or against me. All I knew was, I figured I could be impartial because, as a journalist, you are taught to report just the facts.
As it turned out, the court agreed and lo and behold, I was chosen as an alternate. That meant I would get to sit in on the trial, but would not be able to deliberate unless another juror was dismissed, which is exactly what happened. I was now a full-blown juror for the first time in my life. Knowing someone's livelihood was at stake left me a little shaken, but I soon got over that once the actual trial began.
The poor guy was charged with three counts of shooting into an occupied dwelling and being a habitual felon. He was looking at significant time just on the latter charge alone. I cleared my head as the prosecutor began opening statements. I was convinced the defendant was guilty without even hearing a shred of evidence, as opening statements cannot be considered as such. This conflicted with my duty to remain impartial. So I waited for the defense to finish its opening statement before reserving judgment. Now I was convinced he was not guilty. By the way, I think, as has been suggested by the pundits, that it should be proven or not proven, as that is the state's burden.
Each side presented a compelling case. It was a short trial, lasting a mere three days, unless you count jury selection, which took a couple more. Once we were actually allowed to talk amongst each other, we jurors began our deliberations. First, we had to pick a jury foreperson. I don't know why, but I was chosen. This really didn't mean a whole lot, except for keeping the others on point with their opinions, making sure all th evidence was considered, and handing the clerk the piece of paper that would determine this guy's future.
It didn't take long to unanimously agree on a verdict. It was decided to convict on only one count of shooting into an occupied dwelling, and the count of being a habitual felon. We decided on one count for the following reason. The State argued three bullets struck the interior of the mobile home. It was brought out in evidence the bullets were fired from an automatic assault rifle, and in one burst, or pull of the trigger. We felt this was one action, therefore, one count. We really had no choice on the habitual felon charge at that point.
I couldn't help but watch the defendant's face as the verdict was read. As much as I felt sorry for the guy's fate, I believed justice was served, and that we did our part in doing so.
I would not want to be sequestered in a long murder trial, as these jurors in the Casey Anthony trial are experiencing. Despite the enticement of an occasional steak dinner or dessert tray during the incessant breaks in the trial, these jurors are basically prisoners in their hotel, away from family, newspapers and electronic devices. I would go nuts.
That was my experience. I have no insight into what these jurors are thinking because of it. But I certainly empathize with the burden they face. I may never be called again to be a juror, but I'm glad I did become a part of the process. Let's hope these jurors will feel the same way when this trial ends.

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