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.
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I’m so sorry you want through that. Within one week of my best friend (a gay man) being beaten nearly to death in my neighborhood, I had jury duty. I was asked (as was everyone in the jury pool) if I’d had any experience with violent crime. I said I had and was called to the stand to be interviewed by the judge and a lawyer. The judge pretended not to know what the word “bashed” meant — although I’m sure he knew, the instant I used that word. He made me explain the assault and the injuries. The legal system has so many bastards in it. And the police? In my current hometown, there are tales from a decade ago of a police program for helping drug addicts, that allegedly fed female addicts right into trafficking rings. No substantiation, but sadly I don’t doubt the story. We may both be biased cynics.
Thanks, Sarah. And I am so sorry about your friend. I was so relieved the judge in this case was obviously a committed and fair jurist who wasn’t an asshole like the one who interviewed you (and attempted to bully you into sitting on the jury). Having experience with violent crime is directly relevant to participation as a juror in a violent crime case. He was using you as an example of what would happen to the small business owner who wanted to get bounced because he can’t lose any more money or to the surgeon who wants to be dismissed because he has 12 surgeries tomorrow.
I think judges like this forget over time that the entire system falls on the backs of the jurors who donate their time and energy on trial day. Everything these people and their staff do the rest of the week, month, year, happens because there are potential jurors who show up simply expecting not to be treated like shit as they wait to see what will be demanded of them. They forget that those hours/days a person spends under the power of a jury summons may be the only time they get an impression of the legal system. Tools like that judge hurt the entire system.
It is amazing the system works at all. That prick should be humbled by the part he plays in it instead of pulling that shit (and enjoying it).
I do not doubt the story about the police program in your current hometown. Jails can also be the sites of sexual abuse of women inmates by guards who are sheriff’s deputies. You don’t often hear about any oversight of a sheriff who calls the prison one of his domains. They get reelected with nary a question about the status of their jails.
Maybe we are simply realists.
I was called for jury duty about 10 or so years ago. It was a case about a guy distributing sexual pics/movies to a minor. We were asked if we were a victim of a crime. I said yes, was asked how, explained it. Wasn’t sure if I could be impartial. Defense atty couldn’t get me out of there fast enough! Like you have difficulty with law enforcement and the whole prosecutor office.
I thought it was weird, too. Past times I served (different jurisdictions) I had to fill out a questionnaire ahead of time that actually went in to some detail. Not here. Turned in my little form with name, age, address, length of time at address, occupation, at the clerks’ office as proof that I showed up and that was that. The place was rocking with over 400 jurors and five trials set to go. It’s September and summer is slow with vacations, so they have to jam everything in before they stop doing jack shit again between Thanksgiving and mid-January. It was quite the assembly line. As I said, it is truly amazing the system works at all. No wonder many people hate it.
How can anyone be fair anymore when:
Police, Prosecutors or Judges constantly decide to ignore or hide credible statements taken from witnesses and additional victims.
When Police, Prosecutors or Judges commit similar crimes and are not held accountable for their own actions.
When Police or Prosecutors hide information, hide evidence, or manufacture new information or evidence for their own desired results.
When Police or Prosecutors refuse to interview, or charge anyone in that is in law enforcement.
When Police or Prosecutors refuse to interview or charge any of the dozens of suspects over the course of a 50 year old case, but only wish to charge the father of a victim.
When Police, Prosecutors or Judges not allow using new technology to properly close a 50 year old case.
CYNIC: ‘ A blackguard whose faulty vision sees things as they are, not as they ought to be.’
Ambrose Bierce, The Devil’s Dictionary
We should all be cynics, Cathy!
Fair and impartial? Really? After all your family has been through. The legal system has treated you anything but fair. The fact that you maintained courtroom decorum says a lot about you.
We watch on a daily basis how victims are minimalized. Their stories are called a hoax. They’re not believed. Your family had to file lawsuits just to get tidbits of information.
Thanks, David. I was proud of myself for calmly and concisely explaining to a courtroom full of people 1,000 miles away from OC why I can no longer trust law enforcement and their enablers.