Friday, September 25, 2009

JURY DUTY

I just had 4 days of jury duty in a civil trial here in town. Below you'll find my thoughts as a juror. Forgive me for the long sentences, use of past and present tense within the same paragraph, etc.



Jury Duty Day 1


There had to be 60 potential jurors. I RARELY win anything and had decided I’m way too innocent looking and know way too much to be an actual juror in this trial. Yet at the same time, I yearned to be picked. I REALLY wanted to sit in on a trial, I wanted to learn more. At this point in my life I realize I must be a part of something, submerged, invested, or I’m likely not going to retain much.


2nd one pulled out of the box, no joke. Verified with my full name, Mary Louise Supiran. Well, I had been picked, but there was still more questioning. My biggest fear....would I know the answer? I mean, would I know the answer, even though the question was purely innocent and only to help identify whether or not I would be suitable on this jury. I mean what if I did know one of the witnesses, but didn't realize it? Or what if I did know about the incident and just forgot? Goodness, I know I’m famous for second guessing myself, but come on, this is simple stuff. Well, I was fairly sure I had answered all the preliminary questions correctly or to the best of my knowledge and if it were to the best of my knowledge than it likely wouldn’t hinder my thoughts.

Now for a few specific questions. “Does anyone have family in fire fighting?”... Does he mean me?? Do I answer, my sister is, but does that count? Another juror speaks up, her brother in law is a ff in town. Well, that means a bit more, did he arrive on scene, etc. My sister lives in NM. Uh oh, he asks the question again. I better answer, I speak up and tell him my sister is a forest firefighter..and I think in the back of my head, well technically, I have no idea her real title and she would correct me if she were here (and will now, I know). I’m asked if I’ve had discussions with her about fires..yes, but minimal. He gets more specific, I answer the same. I even offer that we’ve discussed smoke patterns more so than any type of burn pattern, he says okay. Whew, I passed.. Wait, it’s not a test, I know!! Then came clarification of job. “Mary, you’re a social worker, right?” Yes, I say. I’m asked where, I answer Tendercare Alpena Nursing Home.. Huh, that’s all he wants to know. Honestly, I think he’s happy to have a social worker, because I like to think I’m level headed, I like to think I’ll take what is given to me and make a decision based on all the evidence opposed to how I feel about a person, isn’t that what a social worker is supposed to be? It dawns on me, I’m stuck in this thing, they’re not dismissing me. It leads me to wish I could remember how I had filled out the juror questionnaire. I can’t even recall filling it out.

What makes them choose who they choose, besides the obvious dismissal of experts in a certain field, or friend or relatives of people in the trial?

7 jurors picked, 1 of those an alternate. 5 ladies and 1 gentleman ( think they dismissed jurors till they got a male-but I have nothing to base this on other than it’s what I would have done). Poor guy. Awkward situation, can’t discuss what is on our mind any time we break or go to lunch, so it’s awkward silence and the poorest small talk I’ve ever been involved in. So poor that I even try harder than I normally do to make small talk (I hate small talk, what’s the point other than to potentially make big talk, so why not just start with the big talk?). Ah well, time will change things, I’m sure.

Interesting being the one others are trying to convince. Intriguing to follow how each player (plaintiff and defendant) attempt to go about doing this. Lawyers are smart. I never had any reason to believe otherwise, but watching them in action, a juror can see how quick, how eclectic in their knowledge, how they must learn their subject in great detail for every trial, how they prepare, how they study, how they retain, etc, etc.. Yes, I realize they all have their own personalities and some may be smarter, wittier, less annoying than others, but really, they have to be able to roll with the punches. Ah, and I get to observe it all. Oh, wait that’s not entirely my job, I must stay focused and learn...and you know what? I did. I stayed focus, and focused on things that involve science no less. I get it, I truly get what they’re relaying, what they’re trying to do.

I’ve also found that this judge, perhaps not all judges, but this judge, is very mindful of his jurors. Very kind. Not only do I know I have an important job, but he does a great job of making me feel like I have an important job. He’s good.

Jury Duty Day 2

I must not be late, I told the judge I would be pushing it for 8:15, but that’s what he requested after another juror said 8:30. Kyle to bus stop, Jack to daycare (or should I say Mr. Grumpy to daycare)...a little early, that’s okay, one time I’m sure is okay. Yesterday I stopped at work on my lunch and again after duty..I don’t think I’ll do that today unless I have at least an hour lunch or get out early. Made me too irritable.

Made it to the jurors room with plenty of time to spare. Time to wind down a bit, thankfully. Time to pray, ask God for discernment, focus and thanked him for the opportunity presented to me. Time to drink iced coffee (mixed myself NOT at McD’s). More small talk, a little larger..one juror headed straight to work yesterday till 11PM! One juror got her 7th graders started with the sub, another juror asked if everything had worked out for me. Nice.

Another full day in the court room. Lots of witnesses, some on the scene, some experts and one could tell who was who. Even more to learn. Lovin’ it. Judge continues to make us feel important; goes so far as to contact one jurors boss for excused absence. Jurors are all interested in the discussion. I’m impressed with that. Stretching has never felt so good. I don’t think I could sit for this long on a regular basis. I have no idea how people do it. I do believe, the clerk should give us certificates for a massage along with our paycheck.

We’re told we’ll try to finish up on Friday, but if not we’ll resume on the 24th. We’re asked to check our calendars tonight. Quite honestly, I’m not sure if we’ll get through it tomorrow. It seems to me there is a lot more to examine, cross examine and re-cross examine. At least two more witnesses, expert witnesses. We’ll see. The two things I dislike most? Sitting all day and not being able to ask my own questions.

Jury Duty Day 3

Not as rushed this morning, so arrival felt calmer. Everyone there and refreshed. Amazing to me how the attorneys can start right where they left off, without hesitation, recap, etc. From time to time an attorney will catch my eye. Wow, they’re good. They are trying in any way to tempt me. For some reason, me as juror #2, seems to put me right in the lines of the witnesses. They seem to keep looking at me, talking to me. I’m not sure why, because though I am looking at them, making eye contact, I am giving little to no reaction. Perhaps they’re working to get me to respond? Perhaps I’m just in the right seat. I say this because some of the other jurors react to a point that annoys me. I realize it is who they are, their personality, but I just don’t think it’s right to shake ones head yes, or no to questions asked to the witness by the attorney. I also don’t think it’s right to make comments as one exhales. Day 3 and I’m already annoyed by my co-workers, already drawing conclusions and already fearful of what’s to come when we deliberate. I must be on my game when I come forth with my conclusions, my opinion. I must not second guess myself. I must take good notes. I must be confident and I must be forthright. Thankfully, it’s just 75% that needs the vote. I’ll feel no need to be swayed.

The worst thing that happened to me during this day happened in the morning and I’m fairly confident no one has any idea, but perhaps maybe an assistant to the plaintiff lawyer. I was seconds away from fainting while sitting in my juror chair with no indication of a break nearing. My body became light, my face white as a ghost, I’m sure, as I felt all the blood drain from head. What should I do? Breathe, wait it out, talk it out of your system, if all else fails, just get up. Thankfully the judge is pretty tame, he’ll understand once explained. Oh, please, I thought, go away, make it go away. Breathe, adjust my seating, breathe. Okay, it’s passing, phew. Now that it has passed, was anyone watching?? I look around quickly and I see the assistant I spoke of earlier looking at me. If anyone was looking at me, they would have known something wasn’t right for whatever few seconds it was. She watched me a bit longer than need be. She may have not known what was going on, but she detected something...Ah well, oh please don’t wash over me again this day!!!

I AM curious what the other jurors think. Their body language and their comments lead me to believe every which way. It’s not that I’m focusing on that more than the case, but now as things wind down, it sure would be great to hash all this information out with those who’ve been listening. Our day will come, but not until 6 days from now!!! Yes, we are not meeting until 6 days from now!! My notes are secured at the court room, I can’t even review them (do they know how bad my memory is...and my note taking???). I can’t talk about it, I can’t read about it, I can’t make a joke about it for SIX days.

The judge has made it clear that he would really like to be done on that day too. I fear that might mean deliberation until 7PM if need be. That means I must find some assistance with kids...Aye. Two more witnesses to go come Thursday, then their closing statements, judge’s directions and deliberation. Aye. No more near fainting episodes. Phew. Out at 5 PM and off to pick up the kids! Weekend (with a 4 hour shift at TCA on Sunday).

Jury Duty Day 4

I arrived knowing that today would likely be our last day. In some ways I was disappointed, it has all been so interesting!! I had everything worked out for the day and felt good that I would be able to focus all of my attention on the trial. Kyle would be getting off the bus with new friends and their parents would take him to the game in time to be ball boy as Gregg had pictures and no time. Jack would be picked up from daycare by babysitter and brought to the game where eventually I would meet up. Bags for everyone were packed and I was actually on time so I stopped to pick up some yogurt, gum and an iced coffee .

Our group of jurors still interests me in that we really don’t share much conversation. Yet, I think if we could talk about the trial we probably wouldn’t stop talking. A true awkward silence. Trial started once again right where we left off (still amazing to me). Attorneys are tricky. I wonder through the day if they do any studying of jurors. Why does it seem they always look at me? Why does it seem like they think they can play us? I guess I realize it’s the game of it all. What I like most is the fact that no matter how annoyed I became with any of the attorneys or witnesses it truly didn’t effect how I felt about the matter at hand. It felt good to be able to discern such a thing.

In the morning we finished with one witness and took a break before the next, of whom was going to be a video taped deposition. When ever we returned to the courtroom we felt respected. Felt good (does that mean I don’t feel respected often??). We all sat down and began watching the deposition. About twenty minutes in, the juror next to me was nodding off (the lights WERE off!). Even on occasion I heard a snore! Twenty five minutes later I realize that even though I went to the bathroom on break I drank more coffee than I had thought and needed to use the bathroom again. I sit up straight, I move around, I cross my legs, uncross my legs and slowly begin to realize that the deposition isn’t stopping and I’m not listening! What do I do? Oh my, oh my! I really have got to go and I can’t even listen and Juror #3 keeps snoring! What’s that, Juror #7 is dozing off too..and I cannot hear a word that man is saying!! What do I do??? I think of all my options, attempt to hold it, just leave, raise my hand, stand up?? Everyone is looking in the other direction staring at the screen. I decide I must do something.. I write on my pad,

“Sir, I am having a difficult time concentrating. I need to use the restroom. The juror beside me is sleeping. Perhaps a 3 minute break? Thank you, Juror #3”

Immediately after I wrote this I felt a little less pressure, perhaps that relieved me enough. Perhaps I can hold off. A minute goes by and I realize this relief was temporary. What do I do?? I have no idea what the guy is saying on the screen. I really cannot concentrate. I risk showing Juror #1 my note. She looks at me like, “what do you want me to do about it?”. There goes my idea of her bringing the note to the judge... Finally, I can’t take it anymore, I stand up and walk over to the judge. He feels my presence and turns to me. A rush of fear, I hand over my notepad as quickly as I can. I’m getting an inquisitive look and one that says, “this better be good” mixed with “what do you dare approach me for during a deposition?” A sigh of relief, as quick as he read it he requests counsel to pause the the video and says (while I am standing beside him) something like this, at this time we’re going to take a brief break, any of the jurors who may need to exercise this can. Then he turns to me and says, Ma'am you may go too. OF COURSE, I am the only one that goes!!

RELIEF though. It was wonderful. I was so thankful I went. I returned, everyone in the same spot when I left. The judge says, It’s not quite like a classroom where you can raise your hand, is it? I apologize and take my seat. Slight humiliation! Let me tell you though, concentration was easy as pie after that! That deposition lasted another hour and a half. I would have NEVER made it. I would have puked. No lie. Now to focus again. I have no idea what was said while I was gone, but no more sleeping occurred either!

The closing statements were interesting. All three attorneys had red ties on. I wonder how often that happens. I worried slightly as to who would be the foreman and whether or not they would allow everyone to speak fairly. I wondered how long the deliberation would be and figured we could be there for hours explaining our points. I had made it clear to myself that I would speak up and if it didn’t seem people were getting an opportunity to speak I would say something.

Later in the afternoon we finally receive our directions! We’re going to deliberate! The foreman was chosen and she told me I could be her assistant. We asked each juror the first question..and everyone agreed. That’s it???? It’s over, we all agree? What? We finally show that we do indeed have personalities and we all take a minute to just talk. We all find that we thought deliberation was going to be hard because we were going to have to convince everyone else of our point..but we all agreed on the first and therefore only question! Huh.

Jury duty to me, in this case? A great experience. I loved it. I learned a great deal. I exercised my abilities. I would do it again in a heartbeat (granted I may not like another type of case). I will, however, ration the coffee.

3 comments:

Pam said...

That was a great story, Mary! Glad you didn't have to call home for a change of clothes. :) Thanks for sharing your experience.
~Pam

Pam said...

Hey Mary,
Now that it's over, what was the case about?

Annie said...

Mary - that was BRILLIANT writing! I loved reading this!!! Furthermore, I suddenly realize how much you have in common with your mom. :)

SO cool!

I think this has inspired a post of my own - we'll see where it goes.