Monday, May 20, 2013

Hope for Vince

Pet Love, Inc. is trying to raise $500 to purchase a service dog named "Hope" for a young man that many of us in our therapy group visit when we go to The Nazareth Home.
They have already raised $400 and are seeking donations to help raise the final $100. Any amount you can donate would be greatly appreciated. All donations are tax deductible.
Any excess funds will go to help with other, future projects Pet Love sponsors.
To read more about Vince and Hope, and for information on how to make a donation, click on the link below:

http://www.emmakoehlerwallace.com/Service_Dog_Hope.php


Pet Love, Inc. is the pet therapy group that I am a member of along with my therapy dogs, Olivia and Phoebe.  We have visited with Vince on a number of occasions. 

Friday, March 08, 2013

The Jury Duty Journal

Dear Diary: day 1 of jury duty.
I'm packed into this cattle car with 217 other people & it's like an oven in here.
Reminder to self: wear short sleeves tomorrow & perhaps capris.
My smartphone will probably provide me with a measure of sanity during the downtime, but I may find myself sitting at a defendants table if some of my fellow jurors don't silence their electronic gizmos while they are playing games. The noise is pi$$ing me off, especially when I'm trying to read.
There isn't anybody here that I recognize, unlike last time, so no jury-buddy.
Things have changed a bit, we aren't given juror numbers off the bat like we were last time, just group numbers. One more way to make us feel like cattle instead of individuals.
Later!

Dear Diary, still Day 1 of Jury Duty:
2 groups of jurors called so far, I'm still sitting here though.
Seriously, ready to commit mayhem on a fellow juror I will lovingly call A$$hole,
A$$hole hasn't stopped bitching since he walked in the door this morning. Really? Not too many of us really wants to be here, but it's our civic duty, like it or not.
We're all getting paid the same $12.50/day, quitcherbitchen!!
Eat a cheaper lunch, better yet, pack your lunch, that way you won't be so financially in the hole. Moron!

Dear Diary, closing out Day 1 of Jury Duty.
I stand corrected on the comment I made about not getting juror numbers.
Last time I did this, we were assigned a number right after checking in, starting with #1. I was #227. Now, there's a big ol' 6-digit number you're assigned when you get your summons in the mail.
Never got called up, the chairs are very uncomfortable, if I do this every day for 2 weeks, I fear I'll end up in traction.
Need to go call and see if I'm needed tomorrow.
 
 
 
Dear Diary/Day 2 of Jury Duty:
Must be in at 9am today. That means actually tackling rush hour traffic to get downtown. YUCK! A root canal has more appeal. I've packed my lunch today.
More later....
 
Dear Diary, Jury Duty, Day 2, continued:
Seriously, they need to turn the air conditioning on in here. I'm roasting.
As I drove through the parking garage, I was absolutely astounded at the number of parking places reserved for the public defenders. It would seem there are enough for nearly every criminal in the county, and that's a lot!
Then the realization hit me, my tax dollars are paying for all of these public defenders. Arghh!!
More later.
 
Dear Diary, Day 2 of Jury Duty, continued: I & my fellow cattle are being subjected to cruel and unusual abuse. They've turned on the tvs, but retained control of the channel changers. The only channels we are allowed to watch is the cooking channel or the home improvement channel, both are cruel choices, I'd prefer no tv. All it does is add to the background noise. :(
Time to break out the ear buds and turn on my iTunes.
The reasons they give for only allowing those 2 channels make no sense to me... They don't want us potentially subjected to news reports. But hell, 95% of us have smartphones or iPads or laptops and can watch news there. Really, makes no sense.
 
Dear Diary, Still Day 2 Of Jury Duty:
WOOHOO!!
Released for the rest of the day.
Dang, guess I should go to work. Hope they don't mind me in jeans, T-shirt & sneakers. :)
 
Dear Diary, Jury Duty, Day 2: **cough, cough, gag, sputter** As soon as I hit the exit doors with the other cattle, I think 99% of them lit a cigarette. As so many of us were walking towards the same parking garage, I had a difficult time escaping the nicotine cloud that surrounded me. **cough, cough**
I've decided that referring to them a cattle is rather appropriate, because as we try to exit the parking garage (a race a slug cold win), it branches into two exit lanes, but most of the cattle are too *** to figure this out and just continue to follow the lead cow, I mean, CAR, out the nearest exit lane. I have to sit there, chomping at the bit until there is enough room for me to go around them to the nearly empty exit lane.
And these are the people the state has chosen to sit on a jury panel and decide someones guilt or innocence??? Have mercy!!
 
Dear Diary, Closing out Day 2 of Jury Duty: tomorrow is day 3.
So I've been catching up on my reading this week. I had several books stacked in the bedroom that I had started but not gotten very far with. As I recall it was part of my New Years resolution to finish some of these before starting/purchasing any new ones.
As I headed out the door to court Monday morning I grabbed one of the books I'd started, not paying much attention to which one it was.
When I finally settled in to reading, I couldn't help but smile at the irony of the title "The Last Juror" by John Grisham. Love his books
 
Dear Diary, Day 3 of Jury Duty:
Seriously, air conditioning, not heat in here!!
Okay, so I did something incredibly stupid this morning. Something that I don't think I've done in 30 years.
I was 2 blocks from the parking garage when I suddenly realized that I wasn't wearing my seatbelt.
**gasp!!**  I ALWAYS wear my seatbelt! I don't know what on earth happened to distract me this morning from that all important part of my routine when getting in the car, but am thankful I arrived alive. And yes, even though I only had 2 blocks left to drive, I did put it on. :)
 
Dear Diary (nothing else on this post...  keeping my readers in suspense)
 
Dear Diary Day 3 Jury Duty: BINGO!! They called my number.
 
Dear Diary, Jury Duty Day 3 continued: a 2 hour lunch, woohoo!! I'm in my car, think I'll take a little nap. It's too freaking cold to walk around and explore to kill time. Also, downtown, I don't feel safe without my husband, a buddy or a dog. ;)
 
D/D JD #3 (didn't take long for me to start abbreviating did it?)
The rest of the cattle must've been released for lunch, several have passed by fighting the fierce winds. Brr it's cold out here, but I'll take it over the heat in there anytime. But the wind is really strong, it's rocking the car. From where I sit, I can see the top 1/3 of the giant Louisville Slugger Bat.
I'd like to borrow a bat for when I go back in there... Oh the things I'll be journaling when I'm allowed to!
 
D/D:
Ps, if you think I've been exaggerating about how hot it is, lemme tell ya something...
I packed my lunch, a sandwich, 1 bottle of soda, 1 bottle of water, 2 frozen bottles of water and a flexible ice pack.
That was at 730, so here it's little more than 4 hours later, the frozen items have no ice left at all, they're completely liquid, the soda is slightly cool but not cold, the sandwich is cool enough I don't feel it's spoiled.
But seriously, that stuff shouldn't have melted that much in 4 hours!
:(
 
Dear Diary, Jury Duty Day #3:
I already know there will be a day 4 for me.
If and& WHEN I'm at liberty to discuss things, I'm going to tell you something that has absolutely BLOWN MY MIND today. Absolutely made me gasp out loud. That's all I can say on the subject, so I guess we shall end this day with a cliffhanger.
'Til tomorrow.... ;)
 
Dear Diary, Jury Duty Day 3
Ps
Back is aching horribly. :(
I was joking the other day when I said I'd be in traction if I had to do 2 weeks of j/d, but now I'm thinking it may actually happen.
If I incur expenses at the chiropractor &/or masseuse, I wonder if I can send the bill to the court system?
 
 
 
Dear Diary, Jury Duty Day #4:
Another day another $12.50!
 
Dear Diary, Day #4 Jury Duty: Well, after a full day of questioning and deliberation (on the part of the attorneys), I wasn't one of the "chosen few", so now I get to talk about it.
It was a civil suit. The plaintiff: two daughters of a deceased man, suing a hospital/nurse and a doctor, claiming they paralyzed their father who suffered for 4 months, got bed sores and then died. They were asking for $20,000,000.00 for his pain and suffering. Yes, that's 20 million!!
Not exactly the juicy kind of trial John Grisham writes about or the kind of stuff I see on Law & Order, but I actually wouldn't have minded sitting in on that trial, as it had potential to be interesting.
I guess my comment about having trouble awarding that kind of money, depending on the victim's age and such, didn't set well with the plaintiff's attorney.
I know we all experience deja vu or really strange coincidences from time to time, but as I live and breath, I swear they happen to me more than the average person. More specifically, I call them premonitions. It's not a power I can hone in on to predict things, they just happen. For a few of you that know me very well (and I'm specifically thinking of a couple of you that I've worked with over the years), you know what I'm talking about. I've "killed" more than a few people over the years. Okay, not literally killed, but I have mentioned somebodies name I haven't seen or thought of in years, and then Bam!, they die within 24 hours. When I worked at the cemetery, I can't begin to tell you how many times I would go into a file cabinet to perhaps pull a file, pull the wrong one by mistake, notice my error, and then Bam!, within a day or so that person died.
Not all my premonitions are about death. A year and a half ago I had a "vision" that I would lose my office keys. I ignored that warning voice in my head to hold on to them, layed them on the bumper of my car before going to work, and sure enough, lost my office keys on the drive to work.
Earlier this week, a vision of Olivia eating those cookies popped in to my head. Granted, I sat them back far enough I thought she wouldn't get them, but it happened anyway.
So yesterday morning, if you were reading all my "Dear Diary" posts, then you saw the one where I posted about forgetting to wear my seatbelt on my drive to jury duty. I'm one of these people that always wears their seatbelt, but for some unknown reason yesterday, I didn't, and I noticed.
So as they attorneys are asking us a bunch of questions during voir dire (sp?), they were also presenting us with some of the general terms of the law-suit. The victim had been in auto accident and wasn't wearing his seatbelt. This is what made me sit up and pay attention.
Of course I didn't know any of the nitty-gritty facts, but what if this man religiously wore his belt, but for some unknown reason hadn't worn his that day? What if my drive to court had ended in an accident, would John be sitting where that man's daughters were, suing for $20-million?
Y'all probably think I'm making too much out of it, but I swear, I think my not wearing it was some kind of sign of what was to come that day. I really wish I HAD gotten called to sit on the trial, as I'd like to hear all the facts.
Once we were released from that trial, we were able to go home or to our jobs. So here I am, back at work. It will be a short day, as I'm taking one of the girls to the nursing home this afternoon.
 
Dear Diary, no jury duty tomorrow.
 
 
Dear Diary: Back to the Jury Pool on Monday morning.
Hmm, should I refer to that as day 5 or day 6??
 
 
 
Dear Diary, Week 2 Day 1 of Jury Duty: Help, I'm BLIND!!!!
Pull your pants up people! When I can see 4" or more of your crack, that's indecent exposure. Blech!!!!!
 
Dear Diary, Week 2 Day 1 of Jury Duty continued:
I was beginning to get a bit spoiled by the 70 minute to 2 hour lunch breaks we were getting. Today it's only 58 minutes. **pout**
 
Dear Diary Wk2 D1 J/D continued:
Ugh, gross, I think I'm going to puke!!
One of the cattle, who up to this point has hung out in a different area of the herd, has now migrated over to my section and& sat down 2 chairs away.
Initially, not a bad looking guy, even if I am old enough to be his mother. Drinking Gatorade, okay. But eek! Spitting chew crud into an empty water bottle. Seriously, I'll never understand that revolting habit. Blech!!!!! What a turn-off.
Ok, he just moved away, must have noticed the look of disgust on my face.
 
D/D W2D1 J/D continued: my number is up...
 
Dear Diary, Week 2 Day 1 Jury Duty:
Wow, that was a close one!
My number was called a little after 2pm and I was seated on the front row, closest person to the prosecutor. As soon as he started to tell us what the case was about, tears filled my eyes, completely beyond my control. Fortunately I stopped them before they spilled over, but it took a few minutes to slow the frantic beating of my heart. ...I wondered if the prosecution noticed me drying my eyes?
They were prosecuting a young woman accused of arson...
I didn't even have to hear the rest of the charges, just the notion of an intentional fire putting firefighters lives at risk just hit too close to home.
Needless to say, around 4:30 they seated the jury and I was cut. **sigh of relief**
 
 
 
Dear Diary, Week 2 Day 2 Jury Duty:
Our numbers are dwindling. There is only about 1/3 of the original jury pool in the room right now, all the other cattle are either on a trial or going through voire dire. The clerk has assured us we will all get called today, there are two trials waiting to seat a jury and they need over 40 jurors per case to choose from, there are less then 80 of us in here, so we wait.
There is one particular a$$hole that I will refer to as UPS-boy. Both times my number has been called, his has too. UPS-boy acts up each time, is loud and obnoxious, always making jokes, anything he can do to not get picked. He's pi$$ing a few people off. I mean, none of us is thrilled about being here, but even A$$hole from day 1 has settled down and started taking this seriously.
UPS-boy can't seem to comprehend that if he ever finds himself at the defense table, whether guilty or innocent, he'd probably be hoping that the jurors were taking their jobs seriously.
Karma is a b!tch.
 
D/D, headed to court again. Will I get picked this time....?
 
D/D
My arse is hurting from sitting in this uncomfy pew, and my nose is being violated by somebody's B.O.
;(
 
D/D, W2 D2 of JD:
I got picked
So MUM is the word for the next few days.
 
 
 
Well, jury duty has definitely been good for 1 thing, catching up on my reading. I just finished my 2nd John Grisham novel since staring jury duty.
I think I've stated once before how much I love the movie "Runaway Jury", no exaggeration, I've seen it over 100 times. My favorite Grisham story.

;)
 
 
 
Dear Diary, Week 2 Day 3 Jury Duty: another day, another $12.50, less parking expenses.
I have to say, the chairs that are in the jury box are quite comfy, even for someone like myself with low back problems. I'd really like to know what kind they are so I could get one for the office.
I have questions, wondering if I can get an answer...?
 
D/D, W2 D3 JD:
Still waiting to be seated. Grr! Doesn't anything happen on time around here? Wishing I'd gone to the toilet at 9:57 when I had the chance, it's now 10:21, afraid they'll call us in if I go.
 
D/D, an hour and a half for lunch
I'm sitting in a frigid 35 degree car, my fingers are froze, wonder if I can sneak in a nap?
 
 
Tears.
:(
 
 
B.O./Halitosis-dudette has diarrhea of the mouth. Shut up!
Of course it would explain the halitosis.
 
D/D: More tears. This sux.
:(
 
 
 
Dear Diary, Week 2, Day___ (I've lost track, besides, does it really matter?) Jury Duty:
I'm fighting nausea, wish it were a stomach bug, but am sure it's nerves. It feels like the heat is cranked even higher than usual in here, but again, I think it's nerves. I'm just sick.
I've stuffed my coat pocket with Kleenex, I hope I brought enough.
:(

Ps, stopped in jury pool room to stamp my parking ticket and UPS-boy was in there mouthing off, STILL trying to get out of doing his civic duty... Maybe I should've been more like him.
:(
 
Nerves are kicking in to overdrive.
I'm feeling gassy.
:(
 
Dear Diary: I think the #9 just became my official lucky number.
;)
 
No more Dear Diary.  The End!
 
 
 
 
 
 
 
 
 
 
 
 
 

The Verdict

Now that I have finally sat on a real trial, I can honestly say that our legal system is very flawed.
As jurors, we are asked repeatedly if we can consider all the facts before rendering a verdict, we are asked if we can remember that the defendant is innocent UNTIL proven guilty.
We are reminded that the prosecution has the burden of proving their case BEYOND A REASONABLE DOUBT.  These things are drilled into us and we take an oath as jurors to uphold those rules and to render a verdict based on the evidence that is presented to us and based on case-law.
It's a tall order. It's hard not to let your emotions take over and to follow your gut-feeling.
And until you have sat in that jury box and lived it, then you can not begin to imagine how hard a juror's job is, nor do you have any right to judge them if they come up with a verdict that you don't agree with.  There are no winners when it is all said and done.
Having said all that, I can now tell you what the trial was about that I had to listen to.
The defendant stood accused of sexually assaulting a minor under the age of 12  and burglary.
More specifically, the victim in this case was a 6 year old girl at the time of the assault, which took place in January 2007.  A man broke into the town home that she lived in with her mother and brother in the early morning hours.  The child had been sleeping in bed with her mother.  The man lifted her out of the bed and carried her to an empty bedroom, removed her pants and licked her genitalia.  In all likelihood, he would have done worse had he had the opportunity, but the mother woke up when she realized the child was no longer next to her and called out to the child.  This halted the assault as the man hurriedly fled the home.
The child never saw his face as he had on a hoody and a scarf wrapped around his head, and it was dark outside and in the bedroom. The only thing the child could identify is that he had a beard like her uncle.
At the hospital, the rape kit revealed that there were secretions (dried saliva) on either side of the vulva where it meets the upper thigh. Even though the child had told her mother and the doctor that he had licked her vagina, no foreign DNA was recovered from the actual vagina.
Detectives questioned the uncle and his DNA eliminated him as a suspect.  One other possible suspect was also eliminated through DNA.
There were no fingerprints recovered at the scene, no eyewitnesses, no items stolen, nothing but that bit of DNA that was recovered from the child.
The case went cold for the next 4 1/2 years until the DNA finally found a hit in the system.
The man that it matched was living in western KY, so detectives traveled there to collect yet another sample, just to make absolute sure they were comparing the correct man's DNA.
When lab tests finally came back, he couldn't be excluded, but out of 13 points that they tested on back then, he matched 11 of those points.  The odds of him being the culprit were 1 in 2.4 million.
Sounds pretty convincing, right?  If only it were that easy!!
Do you know how many people there are in the U.S.?  315-million!  That suddenly means there are roughly another 133 people in this country that have enough of the same 11 of 13 points matching his DNA...  But of course they don't tell you that in court, the prosecution just keeps harping on him being the only one out of 2.4million.  I did the math myself.
So that is the whole case, in a nutshell.

When the victim, now a 12 year old girl, very soft spoken and polite, got on the stand to testify, I couldn't stop the tears that filled my eyes from spilling over and running down my cheeks. It was all I could do to keep from sobbing.  On the drive home that evening, I cried again, and a few more times before it was all over, the tears would again fill my eyes. The morning we were to deliberate, I was nauseous and I just didn't feel well, but it was all nerves.
The jury was given their instructions. We could find him guilty of sodomy, or of sexual assault  and/or burglary.
Apparently I never knew the real definition of sodomy before this trial.
But based on the evidence and definition, I felt he was definitely innocent of that charge.
Now is where it got difficult.
In my heart and in my gut, I truly felt the defendant was guilty.  But we are not allowed to come to a verdict based on our gut-feeling.  We have to come to a unanimous decision based on the facts in evidence.
Having listened to all the evidence I truly felt that the prosecution had not proven its case beyond a reasonable doubt.
There were simply too many unanswered questions, for that matter, there were too many questions that had never been asked!!  And because of that, I had doubt.

Once the jury was given the case and the rules of evidence, they had to dismiss the alternate juror.
I was juror #9.
When we were initially seated on Tuesday and I learned my number, I took it as "a sign".  As I've mentioned in the past, one of my favorite movies is "Runaway Jury".  The main character is juror #9.
:)
They put all the jurors numbers in a bowl and the clerk drew one out.  What sweet music to my ears when my number was called!
The pressure was off me.  Had I actually made it to deliberations, it would have ended up not guilty or a hung jury for sure, as I was not prepared to send a man to prison for 20 - life when I was not absolutely certain of his guilt (based on the evidence).
I wanted nothing more in this world than to give that little girl and her family justice. To restore peace of mind to that child that the bad man wasn't out there and might potentially come get her again.  But I just couldn't with the evidence. But then I also struggled with the "what if" he was released and assaulted another child? Could I live with that?  It was this internal conflict that was tearing me up inside.  I was soooo thankful I was chosen as the alternate.
After the jurors were lead out I was called into the judges chambers.  Oh crap! Had I done something wrong?  Nerves skyrocketed again!
Essentially she just wanted to thank me for my time and to tell me I was still under oath not to discuss the trial with anyone until a verdict had been rendered.
No problem!!
I did tell her I was relieved I'd been excluded and didn't envy the others.
She asked me why and I told her there were too many questions unanswered/unasked.  She asked me to elaborate so I did:
Where was the suspect living at the time of the incident?
He had a relative that lived close to the victim's home, had he been living there, or visiting his relative on or about that time?
Why wasn't that relative called as a witness?
Did anybody else have a set of keys to the home of the victim?
Why had the suspect's DNA suddenly shown up in the system?...  I realize this one probably wouldn't have been asked, as it might've been prejudicial, but I was still curious.
Was the suspect adopted? If so, does he know whether or not he has an identical twin brother out there?
The judge informed me that the attorneys may possibly contact me after it was over to ask me questions.  Okay, I'm ready for 'em!  She then gave me a direct phone number to her chambers so that I could call in at the end of the day to find out if a verdict had been reached.  Then, and only then, would I be allowed to discuss it. 
About 4pm I called and was told that the defendant had been found NOT-guilty on the charge of sodomy.
Okay, I agree with that completely.
He was found guilty on the charge of sexual assault and also found guilty on the burglary charge.
Hmmm...
While my gut says "Guilty as charged!", again, based on the evidence, I wouldn't have agreed.  No doubt I'd have been an unpopular person in that jury room.

So the next time some one is found Not-Guilty or a hung-jury occurs and a defendant is set free, that you feel certain is guilty, don't be too quick to criticize the jurors unless you were there from start to finish and heard every bit of the same testimony that  they did.  They (or at least, one of the jurors) were most likely doing their job properly...   which is why I say our judicial system is flawed.  I've no doubt a lot of guilty people are set free because of reasonable doubt because the prosecution didn't do it's job.  Or simply because they weren't allowed to introduce certain evidence or witnesses because they were too inflammatory and prejudicial or relevant to the case.  I'm sorry, sometimes that's just total B.S.!!
If that defendant had been arrested before, or his DNA suddenly appeared in the system because he'd been arrested for the same type of offense, then I think the jury has a right to know that.

I'll stop rambling now.