No One Asked Me But…
by Dr. Larry Moses
Published May 13, 2009
No one asked me but… You will recall last week I was relating my experience with our county court system in my fourth and final quest to serve as juror. I say my final because it is my understanding that those who have reached the age of seventy have the option to pass due to age. But now back to my adventure in Court Land.
I believe we left off with the defense attorney questioning the prospective jurors. It was more interesting than the judge or District Attorney as for the most part they asked questions that could only be answered with a yes or no. If the person they question elaborated, they tried to direct them back to a simple yes or no. When it was the Defense Attorney’s turn he asked opened ended questions and was apparently looking for deeper answers. He would call a jurors name and ask a question and then continue to question that juror until he was satisfied.
He asked me if I believe in the principle of innocent until proven guilty. I replied I did, but I am not sure the court system does other wise why would a person who is presumed innocent have to post bond. We discussed that for awhile and then he asked if I would like to have me on a jury that would decide this case if I were the defendant. I took my answer from that famous legal expert Norm Crosby and said, “I don’t believe I want any twelve people who are not smart enough to get out of jury duty deciding my fate on anything”.
Having been around this group of prospective jurors it was interesting to find that very few of them were really interested in serving on a jury. Most were irritated that their lives had been interrupted, and I don’t feel that really bodes well for the defendant. He then asked if I would not want an impartial jury to hear any case I might be involved in. I told him, “No. If I had a choice I would want my three sons, my wife and eight of my best friends on the jury.”
After stressing the importance that every one keep an open mind and maintain the presumption of innocence the Defense Attorney mentioned that his client was facing 43 separate charges of child molestation and then began to ask specific jurors what their first thoughts were when they heard that. He fortunately did not ask me, because my first reaction was, “Holy Moly, this guy needs more attorneys.”
Most of the prospective jurors answered that they were surprised, but it would not affect their ability to determine guilt or innocence. As 5:00 pm approached it was obvious that the three hour work day had taken its toll on the court staff. So the judge called for a recess until 9:30 am the next day. I was probably the only one there who wished we would continue until the jury was selected. But then again, I was the only one there with another 120 mile trip staring him in the face.
Now the adventure of a return trip to the valley began. Believing all exits to the I-15 were closed from the 95 I eventually ended up on Lamb Blvd. where I planned to pick up the I-15. When I arrived there, the exit was closed due to an accident and I had to go all the way to the 215 and then back to the I-15. I arrived home at nearly 7:00 pm knowing I would have to fight the traffic again the next morning. If selected, I was going to be one unhappy juror.
Leaving home at 7:30 am, to make sure I was not late, was a good idea because once again the I-15 was a parking lot from Cheyenne to the turn off for downtown. Arriving at the courthouse I placed my phone, billfold, keys, change and belt in a briefcase and passed through the detector without receiving my usual scowl from the multitude of peace officers assigned to the front door of the courthouse.
This over abundance of personnel seemed to carry throughout the entire courthouse. Everywhere one turned, there were uniformed personnel. What is interesting is that all of those officers were not able to keep the restrooms from being tagged by gangsters. Using the restroom was interesting in that gang signs of all kinds had been placed on the walls and mirrors of the facilities. One would think with all the police assigned to the building, it could be free of such graffiti but one would be wrong.
At all times there was a judge, two defense attorneys, two district attorneys, a court recorder and a lady who took minutes, and no less than three armed uniformed personnel and sometimes as many as five in the court room. The impression one gets is that this place is personnel heavy.
We had been told to be sure we were not late and we must be there by 9:30 am. It was much closer to 10:00 before the judge and attorneys were there and we re-entered the courtroom. We were reminded that we were still under oath and the Defense Attorney continued questioning the jury. It took another two hours before he indicated he was ready to make a selection from the thirty-four us who had not been excused on the first day.
A recess was taken and then we were called back and the attorneys took another thirty minutes culling the prospective jurors. They handed the judge a list of jurors they had selected and the judge began to read off the names. I believe everyone was hoping they would have their names called releasing them. I know I was ready to go home.
But a funny thing happened when my name was called. The old competitive juices began to flow and I thought, “Hey, what was wrong with me?”
They kept the ex-gang banger from Oakland, the man who admitted that he had a DUI fixed by a judge in Phoenix and a lady who spoke little English. I thought I was zero for four, what a loser.
But that thought left quickly as I realized the best case scenario was that these people were going to be going to the courthouse every day for the next week. They had taken on the responsibility for a man’s life. They would have to sift through testimony, evidence and the ranting of two sets of attorneys, both more intent on winning the case than on determining the truth. What a crazy way to decide the guilt or innocence of a fellow human being.
As crazy at it is, I can not think of a better or fairer way to do it. I was just glad I was going home and would not have that responsibility.
Thought of the week…This is a court of law, young man, not a court of justice. -Oliver Wendell Holmes, Jr.
