The young lady
stifled a scream. She struggled to
remain seated. The spider rappelled down the single filament. Everything in the courtroom came to a halt.
It came in the
mail, the oversized postcard with the perforated tabs on the end that you tear
off before you can unfold the triple-flapped card. “SUMMONS FOR TRIAL JUROR SERVICE Larimer
County” it said.
My first action
was to groan. Then I thought of John
Adams and the biography by David McCullough that I read a few years ago. He left Abigail and family home alone while
he spent years making dangerous trips across the Atlantic to lobby in England
and France on behalf of his nascent country.
If he could give up years of his life away from home, business, and
family, I guess I can devote one day in service to the country.
Among the items
of jury service outlined in the contents of the card were methods of being
excused or postponing jury duty. I read
them, but I never seriously considered trying one of them.
The card came in
November, about a month before the date I was to report in December. I put it on the calendar. Soon, the date rolled around and I pulled the
post card down and reread it.
I had filled out
all the requested information. I had to
phone a certain number on the afternoon prior to the date of service to see if
the trial was still on. I called about 3
p.m. The canned voice informed me that
juror numbers seventy-something through 125 should report between 8:00 and 8:20
a.m. I was number 79.
Other numbers
were instructed not to report. So I
scheduled my day. The alarm rarely gets
set any more. I set it for 6 a.m. I checked out the route and the weather. Rain-turning to snow likely. Better give it an extra fifteen minutes, with
weather and early morning traffic.
I left at
7:15. I walked into the building at 7:48
a.m. I joined the line in front of the
courtroom door. Eventually I got to two
gals manning ticket office-like windows.
She looked for my name. She
couldn’t find it. I pushed my juror card
through the slot beneath the glass.
“Oh, jury duty,”
she said. “Go back out these doors and
go straight down the hall.” When I
stepped out into the hall, I saw the big sign that said, “Report for Jury Duty”
with an arrow pointing down the hall. I
never have figured out how I can miss big signs like that, but I frequently do.
I turned into a
doorway where the arrow pointed. A lady
at a desk amid file cabinets and other impedimenta that made the office seem
crowded took my post card and removed a third of it. She checked her list and checked a name,
presumably mine. She thanked me for
coming in and directed me around another corner to the waiting room, a room
full of chairs arranged roughly into two bunches, facing away from the doorway
I entered.
On the wall were
two televisions showing all kinds of information, one tv for each side of the
room. It looked familiar. When we went to license the new car, we sat
in front of a television informing us how to speed up our visit and other
information. It must be the county way,
I thought.
The television
was advising me about where to park, and where NOT to park, and ask the clerk
if I need to go out to repark. The telephone
instructions, which I listened to twice the day before said I could bring a
book, but electronic devices had to be shut off in the courtroom, so I opened
my book and began to read.
The tv had gone
through three or four reps when I decided to watch beginning to end. I was supposed to pick up a “jury badge” at
the table just outside the door. I
looked around and some of my peers were indeed sporting big sticky tags on
their breasts that said “JUROR”.
Out the door I
went and grabbed two or three tags, sorted them down to one, returned to my
seat and tried to separate the slick back from the sticky side of the tag. Eventually succeeding, I applied the badge to
my shirt. Back to my book for another
ten minutes.
The lady who
checked off my name and took my card came in to address us, informing us we now
should watch a 20-minute video on jury service.
It explained that the badge was necessary so that any witnesses,
lawyers, or even the judge should avoid discussing the case with, or in front,
of us.
The flick
presented several people who had served on juries, including a judge who was
called and served. The drawing is
random, names taken from such places as the state income tax forms and other
records the county maintains such as driver’s licenses.
About fifteen
minutes before nine, the lady who had been our instructor up to this point, the
jury commissioner she was called, introduced two people, a man and a woman, who
would be the courtroom bailiffs or some such title. They would stick with us until the end of our
service when we would be dismissed.
The man called
the roll to be sure we were all there.
We were, all thirty of us.
In sheepdog
fashion, they herded us up and took us to the elevators, the lady leading and
the man following. It took a couple of
the elevators to handle all of us. When
we landed on the third floor, we waited outside the courtroom door until all of
us had arrived.
At about five of nine,
the lady opened the courtroom doors and we were instructed to sit in the wooden
pews where observers sit. They weren’t
very comfortable. There were three rows
of wooden benches on either side of the aisle, not a very big room, really.
Promptly at nine,
we were instructed, “All rise!” which we did and his honor entered, sat, and
instructed us to sit. He said we were
subject to some repetition because his instructions were repeats of the twenty
minute tv show.
Then he told us
to look at the person on our left, then our right, then in front of us, then
behind us. This was seeming an awfully lot
like church, the pews, the greeting one another. We were to ask each of those four persons if
they had heard what the judge said. I
was in the front row on the defendant’s
side, so I asked the defense attorney if he had heard the judge. He did.
Two or three
people asked for and got headphones tied to a little radio very much similar to
the ones we wore in Italy. With everyone
able to hear clearly, the judge went on.
He asked if there was any reason why anyone should not or could not
serve on the jury. One lady, a retired
lawyer said she had prosecuted a case in which the defense lawyer had been on
the other side.
The judge asked her
if that would prejudice her against, or for, the defendant. She said no and she didn’t get dismissed. The guy sitting next to me on the hard bench
said he had had back surgery a few months ago and was unable to sit for
long. The judge said we would take
breaks about every two hours, and if the guy was selected to serve, he would be
assigned and end seat where he could stand as needed. He didn’t get dismissed. A couple of other people were involved with
attorney’s dealings, but none of them got dismissed.
The judge said we
probably had watched court proceedings on tv, but we should listen closely to
his instructions, because this was real and may differ from the dramatic
interpretations of television. Then the judge entered into the case. It was a criminal case. The defendant was charged with DUI, lane
violations, and some third thing related to operating a vehicle while under the
influence of alcohol.
Several times we
were admonished that the defendant was to be presumed innocent. It was up to the prosecution to prove its
case. The defense need take no
action. The judge said they could play
cards if they desired and offer no defense because it was up to the prosecution
to prove their case.
The judge also
said the defendant need not testify, and that if he chose that option, we must
not consider that a sign of his guilt.
It was his right not to testify
in his own behalf. Hmmm. We would hear all these admonishments again
from the prosecutor and the defense attorney.
When the judge
figured he had covered all the ground rules, the male bailiff brought a
clipboard from his seat to the right and behind the judge up to the potential
jurors. He had a seating chart and one
by one, twelve of us were called up and assigned a seat in the jury box. I was one of the twelve.
The judge called
the two attorneys to his bench. The
speaker in front of me started hissing.
The folks wearing headphones were instructed to remove them. I waited for an announcement to come over the
speaker, but none ever did. The “white
sound” continued as the judge and the attorneys conferred at the bench. After a while, I figured out that the speaker
hissing was to keep us jurors from hearing the conference. It worked.
It was much faster than having judge and attorneys retire to chambers,
or whatever they say.
The attorneys
returned to their tables, the hissing stopped, and the judge singled out a
couple of people to question first, ones who were involved with somebody close
to the case I think. Both were dismissed
and replaced by two more names from the pool of folks still sitting on the
benches. Then the voir dire began. The judge
took the first crack at us. He had eight
questions for us to answer, most of which we had answered once or twice
already.
Question 8 was a
trick, he said. It was really eight
questions. He asked the bailiff to turn
the mobile post board around and each of us twelve must answer the eight questions on the back
side. 1. Name, age, city of residence
(really 3 questions) 2. Occupation 3. Marital status 4. Children and their occupations 5. Parents and their occupation 6. Number of years living in Larimer county
and Colorado 7. Can’t remember and 8.
Relationship with law enforcement officer, relative, or friend.
When my turn came,
I could only think of one thing when it came to number 8.—the retired Fort
Collins police officer. The judge asked
for a name and I gave it. Then he asked
if that retired officer would hold it against me if we found the defendant not
guilty, to which I replied, “Not in the least.”
I didn’t get dismissed.
Everybody got
their turn, and a few got asked questions by the judge, mainly, would the
person be prejudiced by whatever detail they mentioned. In the end, the judge pronounced us all
suitable, qualified jurors.
Next, the
prosecutor took his turn at us, fifteen minutes as timed by the judge. The prosecutor was a young man, maybe late
twenties or early thirties. He seemed a
bit nervous. He repeated what the judge
had said about the defense playing cards, that it was up to him, the
prosecutor, to prove beyond a reasonable doubt that the defendant was guilty of
the charged crimes.
He then told us a
story about coming home to find all the clocks in house flashing 12:00
a.m. What could we conclude from
that? The power went out. Yup.
Did we need other evidence or understand the details of how or why the
power went out, or were we able to conclude on the basis of the flashing clocks
that the power had gone out and come back on?
We were.
Then he asked
some random questions about things I don’t remember, picking one of us to
answer. I don’t think he asked me
anything.
The prosecutor
was addressing someone on the other end of the jury box when I looked up to see
the spider descending in front of me, to my left, right in front of the young
lady next to me. She saw the spider,
stifled a gasp, tried to push her chair back and stand, decided she shouldn’t,
couldn’t do anything. Everyone turned to
look at the young lady. Most, I suspect,
were too far away to see the spider.
Everyone could see her discomfort.
For a moment, no
one moved or said anything, not the prosecutor who stopped to watch, not the
judge, not the bailiffs, not me. A young
man seated in front of the young lady and the spider turned, saw the spider,
without rising reached and grabbed the spider.
He turned back around and first made a fist with the spider inside. Then he clapped his hands, wadded the spider
remnants with thumb and finger, brushed his hands a couple of times to discard
the deceased’s body on the floor.
Everyone
snickered or chuckled. The prosecutor
picked up where he left off questioning us.
After fifteen
minutes, the judge interrupted him to tell him his time was up. Then it was the defense attorney’s time.
The defense
attorney was a an older man, I believe he said he was in his early 60’s. He went down the list we had all had to
answer. He had been a criminal defense
attorney for X number of years, etc. He
also told us a story, one that happened a few years ago. It was during the Fort Collins flood. He was dressed ready to go to work when his
wife told him he couldn’t leave yet, the cows were out. It was still raining but he went out and got
the cows back in. When he was done, he
was soaked and he had manure on his boots.
He had to choose between changing clothes and being late, or going to work
soaked and smelly.
He went
smelly. The guys who guard the entrance
to the courthouse made fun of him and one held his nose. Then the attorney asked if the guard knew he
had been around cows. Yes. Could he tell how many cows he owned, based
on the manure on his boots? Well, no.
Then he launched
into a series of questions, directing them at random jurors. He asked me why a bar had a parking lot. For the customers to park their cars. I felt like a steak being tenderized before
hitting frying pan or grill. If there is
a parking lot, then bar customers must be expected to drive away after having a
drink or two.
Did we think that
policemen or law enforcers were more honest than ordinary people? Well, no.
The man to whom the question was directed related an experience of being
beaten by a policeman and then charged with assaulting the policeman.
The defense’s 15
minutes was up. The judge explained, for
a second time, that at this point, each lawyer would be asked to strike three
people form the 12 assembled in the jury box. the result would be the six person jury this case required.
The bailiff brought his seating chart first to the prosecutor who
studied it for a moment, then made a mark.
The bailiff took
the chart to the defense table and the attorney studied it for a moment and
made his mark. Back to the prosecutor
went the bailiff, and the process was repeated four more times. At that point, each attorney had selected his
three people to be removed from the panel.
The bailiff took the seating chart to the judge and retired to his place.
At this point,
it was like the “reality” tv shows, the moment of suspense before the loser
gets his notice to depart. Only we
didn’t have to sit through five minutes of commercials. The judge asked these people to stand. I was asked to stand, and I did. But were I and my fellow standers the losers
or the winners?
“You are now
dismissed, and all of you in the gallery.
You have completed your jury service,” the judge announced. Sighs of relief, the sound of those seated on
the hard benches rising and moving to the aisle, one or two sighs of
disappointment (the young lady next to me, Little Miss Muffet, as it were,
wanted to sit on the jury) filled the courtroom for a minute as we dismissed
ones made for the door.
I must admit
that I had a slight bit of regret, as I would have liked to see how the thing
came out. I had studied the defendant
and wondered why he would have chosen to hire a high-priced lawyer to defend
him. What was at stake if he lost the
case? Was he headed for jail? Had he lost a job as a result of his arrest?
He was a stocky fellow,
maybe in his 20’s or 30’s, dressed in suit and tie, sporting a short haircut
and neatly trimmed beard. I figured he
had been well-schooled by his attorney on proper dress and demeanor for his day
in court. I figure that, given the
prosecutor’s youth and the defense attorney’s experience and manner, the
defendant would probably be found not guilty, but I will probably never know
the outcome.
Since curiosity
killed the cat, and the spider demonstrated that in this courtroom, anyway,
presumption of innocence is not a universal right for everyone, I happily
exited the courtroom. The retired lady
lawyer and I shared the elevator ride down to the main floor. She said she had been called two or three
times to serve on juries, but had never had to serve, had been dismissed in all
cases. I told her I suspected the two
witness slated to testify were probably cops.
She said, “Definitely.”
In retrospect, I
think I got struck by the defense because of my stated friendship with a
retired police officer. I must write and
thank Denny.
I thought even
as I still sat in the jury box, that I
hadn’t answered question number 8, the one about acquaintance with law
officers, fully. We were good friends
with the sheriff of Rawlins County, Kansas and my son-in-law is a game
warden. As it turned out, it didn’t
matter.
I walked out of
the justice center and strolled through the rain to my pickup. I was home by 11 a.m., having completed my
civic duty for at least one year. We
would be able to attend “Holiday Inn” at the dinner theatre as planned without
rush or bother.