Showing posts with label Jury Duty. Show all posts
Showing posts with label Jury Duty. Show all posts

Monday, February 15, 2010

Angry Jurors!

Boy, here's a story to give the plaintiff's bar the "willies" according to the LA Times recession-worried prospective jurors are in rebellion in certain LA courtrooms.  The following is from Carol Williams's article

Spurned in his effort to get out of jury duty, salesman Tony Prados turned his attention to the case that could cost him three weeks' pay.  A Los Angeles County sheriff's deputy was suing his former sergeant, alleging severe emotional distress inflicted by lewd and false innuendo that he was gay.

Prados, an ex-Marine, leaned forward in the jury box and asked in a let-me-get-this-straight tone of voice: 'He's brave enough to go out and get shot at by anyone but he couldn't handle this?'  he said of the locker-room taunting.  Fellow jury candidate Robert Avanesian, who had also unsuccessfully sought dismissal on financial hardship grounds, chimed in: 'I think severe emotional distress is what is happening in Haiti. I don't think you could have such severe emotional distress from that,' he said of the allegations in the deputy's case.

The spontaneous outbursts of the reluctant jurors just as Los Angeles County Superior Court Judge James R. Dunn was about to swear them in emboldened others in the jury pool to express disdain for the case and concerns about their ability to be fair, and to ratchet up the pathos in their claims of facing economic ruin if forced to sit for the three-week trial.  In this time of double-digit unemployment and shrinking benefits for those who do have jobs, courts are finding it more difficult to seat juries for trials running more than a day or two. And in extreme cases, reluctance has escalated into rebellion, experts say. After three days of mounting insurrection, lawyers for both the deputy and the sergeant waived their right to a jury trial and left the verdict up to Dunn.

'We can't have a disgruntled jury,' said attorney Gregory W. Smith, who represents Deputy Robert Lyznick in the lawsuit against his former supervisor. He called the panel 'scary' and too volatile for either side to trust.

Money woes inflicted by the recession have spurred more hardship claims, especially by those called for long cases, say jury consultants and courtroom administrators. More than a quarter of all qualified jurors were released on hardship grounds last year, according to court statistics. And judges say they have seen more people request such dismissals in the last year."
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The article is deals with the apparent growing problem of finding jurors who are not prejudiced by their perception of life in the Great Recession and the impact jury service is going to have upon them economically. 

I have extolled jury duty and the wisdom of jurors; but this story should strike a chord with anyone in legal peril civilly or criminally.  By the way, John Grisham termed this "the runaway jury" phenomena--well, this is worse, this is the angry jury.

Friday, January 15, 2010

Annals of Trial Practice--the Witness is Vomiting!

This item comes from the CNews, dateline: Winnepeg, Canada.  Reporter Dean Pritchar's account is just so picturesque, let's let him tell it:

"Jurors were sent home early yesterday after the star witness in the murder trial of three Winnipeg men couldn't stop vomiting while under cross-examination.


'I think the record should reflect that the witness is vomiting,' said defence lawyer Jeff Nichols as Danny Simao, sitting in the witness box, threw up into a garbage can perched between his legs. Simao is testifying in the trial of his cousin Carlos Tavares, Glen Sherman Monkman, and Norris Ponce. The men are charged with first-degree murder in the stabbing death of 24-year-old Minh Hong Huynh.  Simao told court Wednesday he suffers from irritable bowel syndrome and acid reflux and is prone to vomiting when under stress. Nichols was questioning Simao yesterday afternoon about inconsistencies between his police statements and his testimony at a preliminary hearing when Simao put his hands to his mouth and threw up into a garbage can. Court was adjourned twice before Crown attorney Carla Dewar told Justice Brenda Keyser that Simao was too sick to continue. Keyser sent jurors home shortly after 3 p.m.

Simao is expected to be on the witness stand for up to five days[!]"
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That's going to be some tough jury duty.

Thursday, January 14, 2010

East Boston Cat Called for Jury Duty

Thanks to Above the Law for tipping us all to this wonderful find:  video!

Sunday, January 3, 2010

eJurors


Pittsburghlive.com is reporting on the federal eJuror project, a $2million dollar effort to facilitate selection and processsing of prospective jurors online.  This is an obvious next step in what is increasingly a digitally-driven information justice system.  Primarily the eJuror project is about the composition and updating of jury lists with an overall savings of $400,000 annually for postal costs for each court adopting the system.  As a former trial attorney I can envision detailed juror voire dire questionaires being handled through this system.  Very interesting stuff!

Monday, December 14, 2009

TMI?

The Baltimore Sun is reporting that local judges are dealing with the problem of smart phone technology and social networking as it relates to keeping jurors insulated from news accounts and social media sites like Facebook. 


Recently, Baltimore mayor Sheila Dixon was prosecuted for bribery and embezzlement as it related to the taking and use of "gift cards" from a former boyfriend/developer that were variously said to have been donated for the needy.  She was convicted of misdemeanor embezzlement and is due to be sentenced January 15th.  In a motion for a new trial, Dixon is citing to juror misconduct that included 5 jurors "friending" one another on Facebook, during the trial and talking about the case online.  Ouch.

Here's the deal, when you are selected for jury duty, your entire focus is supposed to be on the testimony and evidence, what the Judge allows you to hear and consider, not what you develop outside of the courtroom.  That jurors are talking about the case among themselves and others is jury msiconduct.  That smartphones and social networking sites facilitate this is a real problem.  Sounds to me like Mayor Dixon is going to get a new trial.

For more:  http://www.baltimoresun.com/news/maryland/anne-arundel/bal-md.ar.tmi13dec13,0,2858534.story

Wednesday, December 2, 2009

Jury Duty for Jesus Christ

Alabama Online reports that Jesus Christ was called for jury duty but was disruptive during voie dire in typical fashion, "asking questions instead of answering them."

The 59 year old, Christ was formerly named Dorothy Lola Killingworth was called for jury duty in a criminal matter but her "disruptive" behavior resulted in not being selected.  Circuit Court Judge Scott Vowell was doubtful about the name change but when questioned she assured him that she changed her name in Probate Court and she produced her driver's license as proof.

Alabama Online reports that efforts to "reach Christ today were unsuccessful."

Source:  http://blog.al.com/spotnews/2009/12/post_256.html