What you and eleven others learn first-hand and quickly in a felony trial is that distinct difference between “innocent” and “not guilty.” The judge’s jury instructions, opening arguments, and the whole premise that is “burden of proof” point away from even a slight assumption that “he did it.” Perhaps he did. But our justice system does not require the defendant prove his innocence.
Not LA Law
It is that oft heard on TV “innocent until proven guilty” concept. Only this is not TV. I was seated on a criminal court jury at the Mecklenburg County Courthouse in Charlotte. Until we declared “guilty” or “not” on multiple larceny charges, our lives were centered here. Did the accused foist construction equipment from multiple sites on multiple days?
Listen Up Jurors
We came and went each day, but whom we spoke with and what we said even away from the courthouse were under court order. Do not drive by the crime scenes, search online for case details or listen to media reports related to the charges. Do not speak to any court officer. Stay out of courthouse public restrooms. One juror forgot the restroom rule, came across the defendant there, and nearly caused a mistrial. Always wear your (scarlet) “Juror” badge and wait until the trial is over to say or write anything about it. Got it. Will do.
In our courtroom with the twelve… a veteran judge, single prosecutor, team of four public defenders, two court officers, court stenographer, and two bailiffs. We came to know these deputies well as they ushered us in and out each day, back and forth to the deliberation room. Jurors enjoy small talking with our main bailiff… favorite foods, courthouse customs and lore. When he says rise, walk, sit… don’t come out of the room… we comply.
Presumed Innocent
Also in court was the defendant. He never spoke, did not testify and almost always looked straight ahead as ten prosecution witnesses testified. Victims, on-scene observers, police detectives, officers, and the man who unwittingly rented a get-away car to the defendant. The defense queried all of these… but rested without calling a witness.
Not Innocent & Not Guilty
We chose a foreperson, talked with each other about the case for the first time, and followed the judge’s instructions… innocent until proven guilty. There was discussion, but no contention. Our diverse panel talked race, photo line-up, believability and the evidence presented. We agreed the accused probably did all of it… but the State did not prove all of it. Guilty on four of six charges was the first ballot verdict.
Later, after the trial ended, we learned the defendant had a lengthy criminal record including armed robbery and assault. None of that was a factor… and no satisfaction is found in someone’s personal demise. We did what needed to be done. As the judge had admonished… courtroom jury duty is not meant to be easy.
Now, Mr. Jury Selection… please do not call me for two years. Or ever again if you can find others to do their civic duty.
First in series: Live Easy in the (Jury) Pool
