Doing My Civic Duty

Back in April I found out that I had jury duty for the months of April, May, and June. I didn't have to do anything unless my number got drawn, so I filled out the questionnaire, sent it in, and waited. I had never done jury duty before, so I had no idea what to expect. I sailed through the first two months with no other contact. At the beginning of June, however, I received word that I would have to appear before Judge Thomas Lowe of the 4th District Court for the jury selection process. It was a doable time for me to be gone, but not ideal because Jonathon has been so busy at work. He took the morning off so that I could go, and I was hoping that I would be dismissed that same day and be home around noon so that he wouldn't have to take any more time off.

When I arrived at the courthouse, I was shown to a large courtroom where a bunch of other people were already waiting. We each got a number and sat down in our seats. I was juror #18. I was a little worried when I got my number because it seemed pretty low, but I was still pretty sure that I would not be needed.

To start, the Bailiff entered and had us watch a video about the judicial process so that we would know what to expect. Then, the judge welcomed us and had us stand and give a basic introduction of ourselves (Name, age, family, prior jury service, etc.) All 50 potential jurors had to do this, so it took a fair amount of time. Meanwhile the prosecution and defense attorneys were writing notes about each potential juror. When the basic introductions were over, they gave us a little more detail about the case that was being tried and asked some more specific questions to narrow down the jury pool. They asked who would have undue burden from serving, who knew someone else in the courtroom, etc. I knew someone who worked for the same law firm that was representing the defendant (my mom's cousin's husband works at Dexter and Dexter), but other than that fairly big stretch, I did not have any conflicts.

Then the judge dropped a bit of a bomb-shell and told us that the Defendant in this case was charged with 6 counts of various forms of sexual assault on a minor. I gasped out loud and suddenly everything became much more serious. I wasn't expecting such a difficult case. This new information quickly got a lot of jurors excused who had dealt with some kind of sexual abuse in their lives. While they weren't automatically dismissed, the attorneys made special notes on them, and they pretty much were NOT going to be chosen because the subject was too close to home. The judge also said that some of the evidence would be presented in Spanish, so he specifically asked who spoke Spanish in the room. I figured that might be my way out since I don't speak Spanish.

I was very conflicted because I thought being a juror on a case would be interesting, but I didn't want this case! The subject matter of this particular case was quite gruesome, and I also knew Jonathon was super busy and taking time off would be hard on him. Several hours passed as they took different jurors to the backroom to talk to them individually. I never got called back, but I wasn't sure if that was a good thing or a bad thing.

Finally after we had been there for 3.5 hours, the Judge returned and announced the jury. He called several names and then called mine. I was surprised, but I stood and waited with the other jurors who had been selected. When all 9 names had been read, Judge Lowe put us under oath and dismissed us to the jury room. When I looked around at the other jurors, I realized that I was the only woman. Lovely... not only was I assigned to a terribly atrocious case, but I was also surrounded by 8 men.

The bailiff led us to the jury room, and we all made the necessary arrangements to clears our schedules for the 3 day trial. The trial was set to begin in ONE HOUR. Jonathon wasn't terribly surprised that I had been chosen, so he made plans to stay home the rest of that day. He also called his mom to see if she could watch the boys during the other two days of the trial.

In the jury room, we got to know each other a little bit. It was a fairly homogenous jury. Due to the conversations we had, I think most of them were Mormon, as should be expected in Utah County. One was in his twenties and single. There were several men in their 30's and 40's who were married with one or two young children, and there were two older gentlemen in their 60's and 70's. They all seemed very nice and were very concerned about doing a good job on this case. Knowing them now, I would have been very happy to have any of them on a jury for someone I knew. I honestly believe that they were all dedicated to trying to find the truth, as was I.

At least the bailiff was a woman! She was very nice and brought some snacks to the jury room and helped us get settled. After our lunch hour passed, we were summoned to the courtroom. We all filed in and took our place in the jury box. One of the things that I learned through this experience is how well jurors are treated. Normally, everyone stands for the Judge, but once there is a jury, everyone treats them with the same great respect. The entire courtroom stood when we entered, and the Judge thanked us for our great service. We were then informed about our responsibilities and given an overview of the process. Then opening statements began.

I was surprised how similar it was to television court shows. The lawyers got up and presented their arguments just like I expected. The Prosecutor was an older woman who really seemed to know her stuff. She presented a road map of the case she was going to present and appeared confident and credible. Then it was the Defense's turn. He was a young guy, probably in his early 30's. He took a different approach and talked to us about keeping an open mind and writing down any questions that didn't make sense to us. He told us that he believed there were so many questionable things in this case that we would have to vote "not guilty" after we had heard all the evidence. He then went on to tell us nearly every inconsistency in the case and gave us a glimpse of his defense. He did not seem as polished as the Prosecutor, but his Opening Statement got me thinking and prepared me to question the evidence and get to the truth, so it was effective.

 I am not going to get into the nitty gritty of the case because, frankly, it was appalling, devastating, and tragic. At night before I go to bed, I still have thoughts and nightmares about what I had to hear. Without going into too much detail, the first day was heart wrenching. The mother testified first and was questioned by the prosecution and then cross-examined by the defense. She was an illegal alien, and the defense set up the case that she was about to be deported. Apparently, in the U.S. if an illegal immigrant testifies in a case, they can get immunity so they can be around if there is an appeal etc. The Defense believed this is why the mother and daughter made these claims.

Next the 11 year old victim took the stand. My heart hurt when she got up there. I just kept thinking of my own kids and what a terrible burden something like this would be on them. The 11 year old girl was a terrible witness. Either because she was extremely nervous, not the most intellectual child, or most likely a combination of both, she really hurt her case. The Prosecutor was very kind and started off by asking about her friends, where she lived etc. before getting into specifics about the actual crime. The poor girl didn't know what city she lived in, how many people lived in her house, what she liked to do, etc. She gave some answers, but shrugged her shoulders a lot. When she was questioned about the actual events that took place, she didn't answer the questions, either because she had no vocabulary to describe the body parts involved or because she was too embarrassed to say it in court. I felt terrible for her. She cried on multiple occasions, and I was so sad that she had to be in this situation. The Prosecutor tried over and over again to nail down the details with the girl, but it just wasn't working. Even if I believed everything she said, I could not have held the Defendant to anything because there was no actual evidence or credible testimony coming forth. The entire jury was really struggling for the 45 minutes that she was on the stand.

Finally, the court called a recess. As we went back to the jury room, it was so awkward to not be able to talk about anything that we had just heard. So many things were running through my mind. I had questions and concerns, and I wasn't allowed to talk to anyone about them. It is a heavy feeling to be responsible to decide a person's future, and I can't imagine being on a high profile federal case that goes on for several weeks or months.

We were scheduled to have a day off on Wednesday and then resume Thursday morning. I couldn't tell Jonathon anything, but he had read the basics of the case that was on the docket that morning, so he knew the main subject of what we were dealing with. He was so kind and compassionate. He was worried about how I was handling everything and really helped me with the kids and around the house that day to ease some of my burden.

On Thursday morning, we returned to the courthouse. At that point, I still had no idea if this man was guilty or not. There was a lot more evidence to be presented that day, so I tried to keep an open mind. I was still not convinced that this young girl would just make up these allegations, but I also felt like the Prosecution had failed the first day. They really needed to prepare their witness better for court. My biggest fear was that the Defendant was guilty, but there would be too much reasonable doubt and we would have to vote "not guilty." I was doing my best to not take sides until everything had been presented, and I was constantly praying for inspiration and wisdom to know the truth.

We were supposed to start at 8:30 AM, but the bailiff informed us that there had been developments, and it would be longer than expected. 45 minutes later, we were called down to the courtroom. The Judge thanked us again for our service, and then informed us that the Defendant had taken a plea deal, and we were excused. Multiple people let out audible gasps. There were 9 very relieved people sitting in that jury box. We all took deep breaths and let the weight of the world melt off our shoulders.

We were released from service, but the Defense Attorney asked if anyone that was willing would stay and chat with him about how he could do better in his job. We all had already cleared our entire day's schedule, so we were happy to sit and chat with him and ask questions. It was very cathartic for us to sit and discuss the case because we had been forced to bottle everything up until that point. The Defense Attorney asked what we found helpful and what we disliked about his approach to the case, and then allowed us to ask any questions that we might have. He was very candid and answered all of our questions the best that he was able.

It turns out that the Defendant was facing up to 25 years in prison for each of the 6 counts he was accused of, meaning he would most likely die in prison if he was found guilty. Since the Prosecution did such a poor job on the first day, the Defense called and told them exactly what they wanted in a plea deal, and the Prosecution took it. The accused man ended up pleading guilty to 6 counts of 2nd degree felonies, meaning he would spend about 5 years in jail and would be on the lifetime sex offender registry. I was slightly disgusted with the leniency they gave him, but if he would have been found "not guilty," the repercussions would have been much worse. Without violating his client's confidentiality, he basically hinted that justice had been done, which led me to believe that he was "guilty" of the crimes.

All of us jurors were so relieved that we didn't have to decide his fate (and especially that we didn't have to hear more disturbing testimony). The largest part of me was so grateful to be done and be able to go back to my family feeling free of any guilt. But there was a small piece of me that would have liked to finish the case, deliberate with my fellow jurors, and see if the evidence had been strong enough in the end. I am hopeful that the justice system would have worked and that the Defendant would have been made to pay the full price for his atrocities. The Defense Attorney said that 95% of cases like this one come back "guilty," but he believed he had a slightly better chance this time because of the lack of physical evidence. So, even though the Prosecution stumbled on day 1, they probably would have had enough evidence over the rest of the trial to convict.

Overall, the experience was a short, but fascinating experience with the U.S. Justice System. I am grateful to live in a land that has a system of presumed innocence and that an accused person is judged by a jury of peers based on actual evidence. In my case, I found so much good in the people that I worked with and had faith in their judgments and desire to do what is right. I am also beyond grateful that our family has not been faced with the trauma and sadness of situations like the one we had to hear about.

I went home from my brief jury service with a greater appreciation for my honorable and kind husband. I hugged my children a little tighter and thanked Heavenly Father for their safety and their innocence. There is no guarantee that we will never have to endure trials of this nature, but living the gospel of Jesus Christ does provide protection and a place of peace in this crazy world. I am eternally thankful for that knowledge.