Monday, June 24, 2019

JURY DUTY

NOTE:  I actually wrote this on a layover in Chicago.                      Mon 6/10/2019 3:43 PM
I was off for cataract surgery last fall when a summons came for me to report for Jury Duty in Weld County Colorado.  It was easy as could be to go online and give my regrets....couldn't because of my current health status.  So, when did I think I could be available?  Well, I knew I had some vacation time in May, so put that in the box on the questionaire.

Forgot all about it until I opened up the mailbox the end of April and saw the familiar official business communication.  Sure enough....my date was for May but skipped the dates I was off on vacation.  Instead my report time coincided with my very last trip in May when I was supposed to have a layover in Charleston, South Carolina.  

So, I went through the rigamaroll at United to alert them about my civic duty--new procedure since last time and now all electronic.  No longer just tell my supervisor and they put that info into my line schedule.  Instead it entailed "opening a case" with a whole raft of instructions as what United expected from me as an employee as I was fulfilling my turn at the court.  The first thing that happened was that three day trip with a layover in Charleston just disappeared!  I was cleared for duty from May 29th through June 2nd.  Surely I was NOT going to be need for all those days!  However, as soon as I was released from my assignment, I was supposed to fill out the second half of that "case", submit it, and call the Crew Desk for reassignment.  Okay.....

I used to get jury duty summons fairly frequently in Jefferson County--maybe once every other year--but except for one time that I remember, my juror number was never among those on the phone message that had to show up at the courthouse. 

It seems like I had a summons in Weld County not long after we moved to Johnstown, but truthfully I couldn't remember if my number had been among the list on the phone tape the week before of those to report or not to report.  But I suspected since I had postponed it this time, my number was going to be among those who were expected to report.  Colorado has a one day/one trial system.  Then the citizen is free until the next summons, possibly the following year.  That didn't sound tooooo bad.  Doable.

Sure enough--my number was third in the range of scores of numbers on the phone tape.  Okay, but  even though I had to appear in person, perhaps my number would not be called when I got there.

Since Louis had had jury duty in January and had to actually show up and report--but was dismissed because he is qualified as a forensic accountant--I made him take me over to Greeley to show me where I was supposed to park and what building I was supposed to enter.  That phone message with all the details AFTER the number list was more than lengthy.  Just let someone in the know show me the ropes.  Louis did.  Park at the train station and walk up 10th Street four blocks to the Municipal Center and go into the north entrance.  THAT eased my mind ALOT.

For some reason I was really stressed out about this whole business.  I tried to think why and finally came up with the fact the Crew Desk was going to be involved in some way.  They have been out of my life since the two flight attendant groups merged last October, and I have not had to be on Reserve --and sleep with the phone by my bed and be at the mercy of whatever screw-up operation was happening at United at that particular time.  Going back to that apprehension did a number on me, for sure.

But May 29th was a beautiful day.  I left plenty of time to be at that door in the Municipal Building by 7:45.  The walk up the street was fine, and I was really hoping my number wasn't going to be picked.

Registered....and sat waiting for almost an hour until all 170 plus people were through security and checked in.

The clerk readied herself to call numbers and said if our number was called, state our name and go through Door X.   Five-six-eight-six!  I responded with "Georgia Nichols" and walked to the exit door.  Okay again.  But maybe there was still a chance I could go home.  If I did I would have to call the Crew Desk, but I would at least have the rest of that beautiful day free and clear--like I had gotten out of school early or something.

Shuffled up to the courtroom with  about two dozen people.  There were going to be three trials that day and ours was the only one where the judge was ready.  The other two groups had to wait as there was some bargaining going on that might make the case settle out of court.

Wowee!  Jackpot!  My number was one of the first ones called to go sit in the jury box.  Still a chance I might not have to stay.  The only other time--in Jefferson County--that I got that far, I was dismissed when  the lawyers started asking questions about family, occupation, etc.

This trial was a DUI.  Was there anyone who doesn't drink--and why.  My hand shot up.  Never have.  Never will.  Religious reasons.  Okay.  They kept me.  Did anyone know of someone who was arrested for a DUI?  Again told my story.  Still in the jury box.  The other questions were straightforward, too, but really had nothing to do with me.  I didn't know anyone in the courtroom seated at the Defendant's table or at the Prosecutor's table.  And, obviously I passed muster on the other questions, as well, because I found myself with five other people (this was a six person jury) being sworn in as a group to perform unbiased decision according to the law and the evidence presented.

Well, I can tell you it wasn't at all like the movies or TV!  The young woman who was the prosecutor kept making a bunch of legal mistakes for which the judge had to guide her through the proper procedure.  In fact, I felt like I was watching a bunch of rank amateurs.  The testimonies were clumsy.  The evidence presented was difficult to see clearly even on the big screen.  The defense lawyer was an older man with gray hair who kept rolling his eyes.....

Anyway, the defendant was the only person who seemed to be "in the know".  He was a 12 year veteran of the Army.  Had served in Iraq and Afganistan  twice where he had sustained injuries both times from land mines.  The second time he was injured, he received a medical discharge from the Army.  He was clean cut. Well-groomed.  Articulate.  And this was his story....

After he healed from his injuries--which included knee and back injuries--he got a job as an operator on a drilling rig.  At the time he was working somewhere east of Greeley near Kersey.  Horrific hours.  Twelve hours on.  Twelve off for several days at a time.  

On a break of days sometime last October, he arranged to meet a friend whom he had not seen for three years at a convenience store in Kersey about 6 a.m. after their 12 hour shifts.  The friend was working on another rig from South Dakota, but was currently assigned to a rig also somewhere on the plains.  They met as planned.

Here's where the evidence and testimony got tricky.  The defendant couldn't pin down any times when they had been to the convenience store, when they left to go get something to eat--and by his own admission--drinks at Fuzzy's where HUGE Margaritas are served.  He and the friend both had some and the friend also picked up additional drinks at a liquor store.  A 12 pack of beer.  Because they had been drinking, they drove back roads to the convenience store to where one of the cars had remained parked.

Now the plot thickens.  The convenience store called in an accident report to 911 at 4 pm that afternoon when the defendant's car hit the building right near the main entrance.  The pictures show the car at the building but not crashed through the wall into it.  The policeman--Chief of Police at Kersey but who also has to double as a patrol officer--found the defendant and his friend slumped over in the front seats completely in a comatose state when he arrived.  The car was not running, but the keys were in the ignition.

For some reason witnesses weren't interviewed at the scene.  The security tapes weren't secured for the hours and hours from the 6 a.m. meet-up until the call to 911.  The police chief had no body cam to take pictures that were accurate, so the pictures were taken of the inside of the car with empty beer cans the next day.  And, the police used an out of date alcohol test when the defendant refused a road-side test, apparently because he knew he had bad knees and would not be able to walk a straight line.

Here is what the jurors where charged to find: Guilty of the higher offense of DUI or of a lesser offense.  The law states that a person can be charged with a DUI even if a vehicle is not moving if the windows, radio, heater/AC have been used since that is defined as "operating". They had been used.  The radio....

The defendant freely testified that he had had too much to drink.  But his argument was that he DID NOT run his car into the building.  He said he had parked it there before the two friends took off for food and drink at Fuzzy's in Greeley.  So, he felt he wasn't guilty.

Well, we had no choice but to bring a verdict of guilty according to the law.  He was too drunk to operate a vehicle safely.  I'm pretty sure that when he went to court in January and was convicted of a DUI, he thought he would take a chance on a jury trial to lessen the charge. Instead we found the same evidence produced the same verdict, according to the law.

The jury actually lasted into the second day.  (The other two cases had settled out of court, so we six were the only people out of 170 who had to stay for jury duty at all.)  Before we went home for the first night, we were given instructions not to talk to ANYONE about the case, not to drive out to the convenience store in Kersey to get a look at it, etc. etc. etc.  It made me very contemplative and weary in spirit that the next day at the end of testimony, we on the jury were going to have to deliberate this man's guilt or innocence.  We could not let personal feelings, emotions, or any other thought process impede making a decision solely on the evidence and testimony at hand.    That was hard.  And it had to be unanimous.  We discussed over and over what we had before us before we took a vote.

I felt bad for the guy.  He was sorry.  He said he had made a mistake.  But there was a gap of information we didn't have to help us--the timing of all this for the most part.  Also, you can be sure the Kersey Police Department now has up to date alcohol test kits, body cams for their officers, and a realization that an investigation can't be so lackadaisical.  

The overriding fact:  if a person has had too much to drink STAY OUT OF A CAR whether it is running or not.  That's what it came down to when we had to decide.  He was drunk.  But out of the car, he would have been okay.

I went home after the jury was dismissed.   I sat down in the chair and felt weak knowing that on June 12th, the judge was going to pronounce sentence.  Whatever that was going to be.  

I have often said that I would like to be called to actually sit on a jury.  But I found out I didn't like it so much.  And now I hope that when my number comes up again, I get sent home before it ever gets started.  

Courtroom drama ain't as glamorous as it is on the screen. 

PS  I also called the crew desk to let them know I was available for assignment the following day--the third in my original block of days.  On hold FOREVER listening to Rhapsody in Blue until I gave up and started again in the morning at 6 am after my walk.  Still no response.  So, I called and left a message for my supervisor:  I had done everything the "case" said I was supposed to.  But since I couldn't get hold of the crew desk, and I had been cleared for five days, I was just going to go about my business.  Never heard from them, but got paid for three days equivalent on my pay record.  
THE END

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