Monday, September 28, 2015

So Gray the Clothes, So Gray the Evidence

I did not get selected for jury, despite dutifully sitting through four hours of preliminaries. I had a high number, you know. Which is a good thing. Or is it?

This case was much more interesting than the one I served on years ago. Nobody's writin' home about the eminent domain monetary awards case. Okay. I wrote about it anyway. But that's just me. I like to keep the public informed of legal procedures, you know. I'm a giver like that.

While the attorneys were in chambers counting out their picks, and my pew-mates scattered for the one-seater toilet, the spread of water and coffee in the juror hospitality room, and the far reaches of the courtroom to chat with long-lost relatives, I remained seated and thought about this trial.

In the beginning, when Client walked in wearing his prison grays, I assumed that he must have attacked some corrections officers. Why else would he have two counts of assault? Many years ago, I was assaulted by a student when I taught the at-risk classes. Just one punch. Just a scrawny 8th-grader who did not like me reminding him that his math teacher said his work was not turned in, even though he said it was. Did I press charges? No. Could I have? Yes. I didn't even make him serve the maximum school penalty (yes, I was asked for my input on his consequences). Still, I would have taken the side of the corrections officers if this was Client's alleged crime.

Then we were told that Client had served time for a drug charge, and was in his own home when a parole officer and police officer entered unannounced. They are allowed to make surprise visits. He allegedly waved a gun around. So I though maybe they kicked in the door in the middle of the night, and Client was startled and scared and trying to protect himself. Even though I know people on parole are not allowed to have weapons.

Then we were told that the officers knocked, and were let in. That they carried weapons, but did not draw them. AND we were told that the gun was an Airsoft toy. Even though it did not have the red tip that signifies it's not real. There I was, in a quandary. Can a parolee have a toy gun? Alter it so it looks real? If the officers were really afraid that they were going to be shot, why didn't they draw their weapons? Client was lucky they didn't blow him away.

The defense attorney had asked if we would take the word of a parole officer over the word of anyone else. I was not sure on this one. Probably, I would have. I would take the word of a teacher over a student. Both have jobs that many people would not want. They don't do it for the money or the glory. They are often pretty unpopular with society. They do this job because they believe in it. Take their role seriously. Sure, there are bad apples. But the majority, I believe, want to do what's right. Not set up somebody to take a fall.

I don't know how much of Client's appearance was a show directed by his attorney. After several minutes, I recognized that his prison grays were actually county jail grays. There's a subtle difference that you might not recognize if you hadn't driven past the prison work details all summer, or interviewed or visited one of the three state prisons in this area. Therein lies the problem. Why was Client dressed in jailhouse clothes?

You would think that Dr. Leary would not have wanted his Client to appear in jailhouse clothes. That might taint him with criminal status. Apparently Client could not make bail, so he was held in the county jail until his trial. Which begs the question, did Client not have one single family member or friend who could bring him clothes for his trial? Could Dr. Leary not send his assistant to Goodwill for a pair of slacks, a shirt, and a tie? Something was up with the garb. Were we supposed to feel sorry for Client, wearing his jailhouse clothes?

Was Client told to act feeble and shaky and nervous? That's how he appeared, until I was caught in the beam of his CRAZY EYES.

I'm not sure about this case. I would have to know what a parolee is allowed to have in his home where a toy gun is concerned. And hear the testimony of the officers. And the testimony of Client. Even though Dr. Leary asked how we would feel if Client did not take the stand.

Too many unanswered questions. I can't wait to read about the results in the paper.

14 comments:

  1. I'm sure--if you were on the jury--you'd be the foreman and the right verdict would be decided upon.

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  2. I'm guessing there were extenuating circumstances beyond a toy gun.

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    1. Or maybe THE MAN in the form of two women officers were just out to get him for no reason...

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  3. Off with his head--always works for me!!

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    1. Well, your method guarantees 100% that there's no recidivism.

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  4. Hopefully you'll share the verdict with us.

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    1. Of course. Wednesday will be the reveal. I just saw it pop up in the headlines this morning.

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  5. Sounds like it would have been kind of a boring trial anyway. Me, I like the ones where the defendant cut up someone with a power saw.

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    1. I'm hoping not to be called for the trial of the dude who put a headless body in a septic tank just up the road from me. And I DO mean just up the road. Right past the front of my house, less than 1/2 a mile away.

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  6. So many questions, maybe Val should consider becoming a judge? My son plays airsoft, Having seen some of his bruises I'm not sure I'd call those guns toys, I certainly wouldn't want pointed at me. Hard to say how much is play acting directed by the attorney but I guess it's his job to make the defendant appear as vulnerable as possible but then, maybe he is ...

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    1. No judging career for me! I prefer to do it snidely, from my anonymous blog.

      What a coincidence! My HUSBAND plays with Airsoft. He told Genius to shoot him with it to see how much it hurt. Then he shot Genius. I'm pretty sure the consensus was that IT FREAKIN' HURTS! Not as much as paintball, though. From what I hear.

      I'm pretty sure the attorney didn't know his client was flashing the CRAZY EYES behind his back.

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  7. Not sure about that flourishing a soft weapon.

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    1. Yeah. What if he had flourished A COTTON BALL?

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