Yesterday I was called for jury duty. Third time in my 66 years–twice in state courts, once in federal court.
The case was for failure to register as a sex offender (because, of course it was). Discussions by the judge and attorneys revealed that the man was or had been homeless, so was therefore lacking an “address.” A big part of voir dire was the involvement of law enforcement. Any family or friends in LE? Does anyone know these three detectives?
I explained that I had friends and enemies in law enforcement. Laughter. I was not laughing. When asked to explain, I said that in 1977 my brother was abducted and murdered by a pedophile, that the case was never solved and that my family had to sue the Michigan State Police and the Oakland County Prosecutor’s Office when they would not respond to FOIA requests over a decade ago. That the process was at great financial and emotional cost.
The judge was remarkably kind: I’m sorry that your family went through this. So the case was never solved? No, it was a serial case and none of the four murders were ever solved. So you have a problem with the detectives on the case? Yes, back then and now. I continue to fight for DNA testing.
Then the “but can you be fair” dance started, which I understand because the court does not want to provide a roadmap to the remaining prospective jurors of how to get out of serving. Yeah, you might have some bad luck in your past but can you rise above it? Believe the cops’ testimony? Not hold the sex offense against the defendant because the issue is failure to register? Basically, can you be a better person than the one who walked in here?
I will carefully follow the court’s instructions and I will do my best.
The prosecutor wisely does not touch any of this.
Defense counsel wants to use me to educate the jury about fairness. I get it.
I told you what my background is, I can’t change that. Short of saying (which I should have just said) –I am not a good fit for this trial, how about you send me back to the bullpen right now so I am immediately available for another trial this morning?–I don’t know how much more of this dead horse we can beat. I know I’m getting bounced but I am trying not to be a total asshole.
My final statement: I would do my best to be fair because your client is entitled to a fair trial. Again, I understand the difference between the sex offense and the failure to register. The underlying sex offense is off the table. It sounds like there is an issue concerning homelessness, so this is not going to be a straightforward trial. She moves on.
But I suspect she suspects that I will suspect the cops of lying on the stand. Three cops on this arrest? The man is physically quite small. How did this whole “failure to register” come to light? They probably beat the fuck out him during the arrest. I understand the impulse, but that can’t happen in our society. If that’s what you’re after, join ICE and get the signing bonus and do it while it is still legal under federal law.
The reason you don’t want me on your jury is that right off the bat I am wondering how this case even got to trial–why didn’t they put an ankle monitor on this guy and tell them they would consider removing it when he could report a more permanent residence? Something isn’t right here. And I won’t be allowed to hear about any of it as a juror, or look it up online. I am literally expecting the cops to lie on the stand. I would be revolted watching them testify, a mere five feet from the defense table. And this is in a sex crime-related case for god’s sake. I wouldn’t let him near someone I loved. Maybe the cops were doing a great thing by getting him off the streets for another year or so for failure to register, when the cycle will start all over again.
My headache starts in earnest.
I know I sound like a POS. But that’s where I am these days.
The two attorneys then bounced an idiot, two know-it-alls, and a clean cut young guy who must have said something the prosecutor didn’t like. The last two to get bounced were me and the retired nurse who had been in charge of the sexual assault response team at a nearby hospital. The remaining six people would hear this case which was expected to be short. Failure to register is a serious crime and the statute is probably cut and dried. There isn’t even a need to lie about the circumstances–unless something funky went down during the arrest. Yet I expect it.
The worst part of the morning was walking back to my car and feeling the immediate confirmation that I am a biased cynic. I was, for purposes of that trial, a two-fer. I am repelled by both sex offenders and cops. I am not going to lie–I was happy it was the prosecutor who bounced me. Of course he will have an easy win that afternoon either way, but better to do it without me in the mix.
And before you lose your mind and tell me how wrong I am about police and prosecutors, know that in Michigan THEY made US enemies. We actually respected them (why wouldn’t we?) until the curtain got pulled back. They are supposed to represent the murder victims, not themselves. They are supposed to protect the public, not corrupt prosecutors. They are supposed to believe survivors and act on their information if possible.
Can I be fair? I guess not.