One of the benefits of living in Potter Country, Texas is that you can count on getting a jury summons every three or four days. The first jury pool I sat on was a few months ago. They didn't pick me for the actual jury, but that might have had something to do with the following conversation:
Defense attorney: "Mr. Nair, this is a criminal driving under the influence case. Beside the right to remain silent, what other rights does the defendant have."
Me: "Well, apparently the right to party."
I didn't mean to sabotage my chances of being on the actual jury, so this week when I was summoned again, I didn't slouch and, I answered questions using words such as mitigate, rational, and quantify. Based on that and my subtle crime-fighting demeanor, they picked me to sit with the eleven other jurors and help determine the fate of someone I had never met before in my life.
This is how jury duty works in the Texas Panhandle: at 8:15 in the morning about 80 of us gather in a large room with puny elementary school desks. We sit through jury duty indoctrination and are then filtered down to a manageable 50 or so. We, the 50, are then taken upstairs to the courtroom where we're asked all sorts of questions by the defense and prosecution attorneys. These questions are similar to: "Can you be fair?" "Do you believe everything the police tell you?" "What is reasonable doubt?" You know, that kind of thing.
There are, always, the one or two guys who will say anything to get out of their civic duty. One particular guy actually said that if the police arrest you, you're guilty. Trials are a waste of time, and we should get rid of the courts. Then he added, as if all that weren't enough, that he has a prejudice against all women, even his ex-wives.
Thankfully, justice might be blind but she isn't dumb, so this loser got the boot while I moved up to the jury box at the front of the room. As soon as we were seated, the trial began, and I wasn't sure what to expect. (The only other time I was close to a jury was when my mom was on a jury when I was in sixth grade. I remember sitting there while Mr. Prator explained to the jury that God had told him to bring a gun with him in his taxi cab that day. Gun wielding taxi driver who talks to God? You can see where this trial was going in a hurry.)
Our particular trial was about a guy who stabbed his wife 39 times two years ago. She lived, but oddly she testified (she's in jail now too) that he didn't do it, and she couldn't remember who did. So here's the funny part about her testimony:
Prosecutor: "So did the defendant stab you that night?"
Wife: "I don't remember."
Prosecutor: "You don't remember who stabbed you 39 times?"
Wife: "I don't remember."
Prosecutor: "Well, when your husband stabbed you that must have hurt."
Wife: "Yes, it did."
On TV the defense attorney would have jumped up at this and yelled out something about the exculpatory non-evidentiary exhibition of the blah blah, but he didn't. I think he didn't because everybody in the room knew the guy did it. Yet he said not guilty, and that's what he gets to say, until the jury contradicts him.
We deliberated for about 45 seconds and found him guilty. We had to go back the next day to figure out his punishment.
Punishment day was a little harder. Everybody in his strangely disconnected family (blood relations were hard to find in the confusing mass of step-grandmother, uncles twice removed, and live-in boyfriends) pleaded for leniency. Even the victim, who testified again a second day in her stylish orange prison garb, told us that he had found the Lord, had given up using meth, and was now a good person.
I wish he had done all that before stabbing someone 39 times in front of a ten year old little girl. We gave him 27 years in prison, which we considered very lenient, especially since he had already been in prison for four and a half years for stabbing someone else.
The defendant didn't testify about his guilt, but when we were figuring punishment he did. When the prosecutor pointed out that he had served almost his entire previous five year term, she concluded that he must not have acted very nicely in prison. That was when his face turned to stone and he said slowly, "I did what I had to do."
I half expected to hear ominous organ music fill the courtroom on that one.
It didn't take much to convince us in the jury that this was a bad dude, and he needed to go away for a while. Too bad Dr. Phil doesn't make prison calls. This guy sure could use some help.
In the end, after the judge read our verdict, he thanked us and excused us. We filed out of the room just in time for lunch. I swung by Arby's and picked up one of their market fresh roast beef sandwiches (they're very good), and I thought how strange it was that a juror and a defendant cross paths and in the end, one goes to prison and other other goes for a sandwich.
But that's the way the system works, and it works pretty well, all things considered.