Sometimes I believe the "system" makes a mistake. Several of us have been called for jury duty since Josiah's murder. Several of us are licensed, ordained ministers, have connections with the local police department, have been military and we all have recent experience with being victims of crime. Michael is our local police department chaplain. We NEVER get selected to serve on a jury. Several have filled out the questionnaire and asked for an extension as we've just gone through a trial for the man who murdered Josiah. They have extended every one of us; just put us back in for the next drawing. No one has even had to go to jury selection.
Allie and Stacia have received jury notices. Allie's came up this month.
Her questionnaire mentioned the above facts. We all assured her you'll simply have to go to jury selection, answer the questions honestly, and they are sure to dismiss you.
Monday, she went. No one asked her a single question, though she HAD put info on the questionnaire that would lead ME to ask questions if I were selecting a jury. I'm not sure lawyers always READ the jury questionnaires. She thought they would each be interviewed, but they simply passed her over. One thing led to another and despite her best efforts she found herself reporting Tuesday morning to jury duty. Allie had written to the court clerk immediately and explained she simply didn't want to be on the jury and had more valid reasons than the ones they had dismissed. We agree she did.
We all thought before the trial started, they would ask Allie some questions and dismiss her. They had selected 15 - 12 jurors and 3 alternates. This actually happened at the trial of Josiah's murderer. We knew the whole courtroom was stressful for Allie and that having to talk about the trial two months ago in open court would also be stressful. We decided if Allie had to go to court, I'd go too. Michael would watch GG. Allie would have someone understanding and safe to look at if she needed to. I encouraged her the experience would help her in the future if she ever needs to write a script involving jury duty.
They did not dismiss Allie. The trial started...I was a court fly. It was actually fun. I've come away from recent months thinking I want to be the jury bailiff. I need to figure out how to volunteer or apply for that job. I'd make an awesome jury Bachan.
Allie and I did NOT talk at ALL about the trial, the characters, or any potential outcomes until the night AFTER a verdict was reached and the trial was concluded. (Thursday).
Tuesday, I watched video of an incident which happened at a parade in a small town in our Burrough.
I seriously tried not to have any expression, but the story was pretty unbelievable. The video showed what happened, children in the car could be heard reacting... how hard it would be to serve on a jury and have to not even THINK about a decision until you are sent to deliberate. Basically, a tow company was asked by the city to assist the fire department in blocking intersections along a parade route. A tow truck driver (maybe early 40's) was in the process of doing just that when a man going home from a 13-hour workday felt it was within his right to decide if it was safe or not to drive through the blocked intersection after the parade had started. He proceeded to do so, "sliding or pushing" the tow truck driver with his truck. 911 was called. The video shows the tow truck driver being hit while he grasps the hood trying not to slip under the truck and then was cast aside. It was snowy and icy. We listened to the trooper, the witnesses, and saw the video numerous times.
Then we came home...and didn't discuss anything we'd heard or seen. Allie still hoped someone would read her email and let her off.
Bright and early Wednesday morning I was back in court. Having been through a recent court case I KNEW they are open to the public, unless the judge clears the courtroom. I knew it was fine for me to stay in when the jury was dismissed. I think it may be my new hobby - listening to court cases. I was prepared to explain in open court WHY I was at this trial and figured Allie would be dismissed if they asked me to speak. I was very interested to hear how the driver, who ignored the blocked intersection, would defend himself.
I was shocked to hear this 54-year-old man, thought his actions were perfectly reasonable. He insisted there weren't flashing lights or fire trucks....the video was played again. He admitted he was mistaken. He said he didn't hit the man; the man put his hands on his hood and he just "let off the brake" and kept advancing while the man stepped backwards....He said he may have, "scooted the man on the ice," but he wasn't sliding. He testified his actions were reasonable because he had worked a 13-hour day grading the road and he needed to go to the bathroom. He lived a mile away and couldn't wait. I simply can't imagine thinking this is OK and REASONABLE...and I also can't imagine risking jail time or a fine over this. He testified there were only 10 "floats" and it was already moving, he knew he could get by it.
Ah! The old "my bladder/bowel is bursting" defense. I will remember this one as I often find myself in similar situations. I am very aware of this as Grams ALWAYS reminded me to,"Go to the bathroom before leaving on a trip. IF you get in an accident with full bladder it will burst." It seems she may have had a point.
I struggled not to laugh as he was asked on cross examination the very obvious question everyone must have been wondering, "Why didn't you just go in the lot where you parked your grader or on the side of the road?" One cannot make this stuff up. Common sense would say - wait for the parade to go by or find a tree.
By this point I WANTED to hear closing and was curious what the jury would decide. On the one hand the tow truck driver wasn't seriously injured. The DA charged our 54 yo truck driver with a Class C Felony assault. She did a good job of informing all of us of the definition and the incident did match the definition of a Felony C Assault...which carries a max. of 5 years in jail and/or a $50K fine. The tow truck driver did have "physical injury" by the legal definition of injury, though he said he wasn't really hurt, just had the wind knocked out of him...and his girlfriend testified he was sore for a few days. The video clearly shows him being hit. He was checked out at a hospital.
On the other hand, truck drivers in Alaska routinely ignore traffic laws. He was just a good old boy who had to get to a bathroom. I suspected the jury may hang. Why? Because I've SEEN people drive around traffic barricades at community events often since moving to AK. It seems people just don't think it's a big deal....I figured some would feel it was just "men being men" and not worth a felony conviction. I was curious how it would go. I wasn't sure there were enough Alaskans on the jury to be willing to give a felony conviction for something we've often witnessed.
Closing arguments and then jury deliberations were on Thursday. I had a previous engagement planned with Josi and Liv. I was sorry to miss it.
Three alternates would be released. Twelve jurors would go into deliberation. It probably is good I wasn't there as I probably would have laughed out loud when Allie was selected to deliberate.
Allie sent me a text late in the afternoon to say, "Found guilty after more debating than I anticipated." There were 12 Alaskans who saw it as more than a good old boy thing. We had a fun discussion with both of us able to freely talk...I could share the parts they argued with the jury absent. She was surprised people would have a hard time with agreeing on a verdict given the video and the witnesses. She did tell me the jury assumed he needed to "go number 2." I guess my mind raced to bursting bladders.
Allie also said someone in the jury asked, "Who is that lady that was here both days. She didn't come today." They guessed I was his wife. ::snort:: ::gasp:: ::Hiccup::: She finally confessed it was her mom, and that I had come as she hadn't wanted to be on the jury and needed a happy face to find from time to time. She shared the murder trial we had attended 2 months ago for her brother.
I have no idea how the judge will sentence. I'm guessing a fine or light jail time. I bet this man will not ignore traffic blockades in the future. I sure won't...because now I know a defense of a bursting bladder is not a winnable defense.
Allie agrees she can use this experience as a screenwriter in the future.
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| Our courthouse has beautiful stained glass art |
