"I THINK
THEREFORE I AM . . .
INELIGIBLE FOR JURY DUTY"
When the jury duty notice
came in the mail I never expected to be standing
in the hall of the courthouse with other jurors
waiting to be interviewed. Back then I thought
I'd get out of it. But what do you know -- I
didn't want to get out of it! I wanted to be
picked.
I thought back to the first
day trying to figure out what changed my mind. It
couldn't have been that first day, though I was
certainly surprised to open the jury room door
and see an auditorium-size room with at least
sixty people sitting on folding chairs. Most were
as inexperienced as me, but a few obvious old
hands knew enough to bring reading material and
needlepoint. Those of us new to the game just
looked around and listened. I was hoping to speak
to someone about what constituted a valid excuse
to get out of serving when I overheard three
people who thought they had valid excuses. One by
one they went out the door to explain their
reasons and one by one they returned to wait with
the rest of us. I decided not to try my lame
excuse.
I sat there in limbo for a
long time. The door finally opened and the court
clerk announced that the judge would be with us
soon to explain what jury service was all about.
We waited again. Then he entered with the surety
of someone who performed this routine often. The
issue he spent a lot of time with was the meaning
of the phrase "guilty beyond a
reasonable doubt." He knew that it was
a difficult concept to grasp. And before we were
dismissed the same clerk returned to write the
details of our service on a blackboard. We had to
call at a designated time everyday and we would
be told then if we were required to come to the
courthouse. The answer was almost always yes.
After that it was back to
waiting in the big jury room. Periodically the
clerk would come in and read off some names on a
list. It was during one of these visits that I
noticed I had gone from hoping she wouldn't call
my name to hoping that she would. I guess I was
hooked.
Each time she entered with
her clipboard we all quieted down and listened
carefully as she painstakingly grappled with some
the strangest names I'd ever heard. However, she
read mine with no difficulty.
We semi-finalists were shown
into a courtroom where the same judge reminded us
again about the meaning of the phrase "guilty
beyond a reasonable doubt." It still
wasn't that clear, but it wasn't going to get any
clearer. "Any questions?" asked the
judge with no real time to answer. No one moved a
muscle, so he went on to the next issue which he
stressed very carefully -- absolutely no contact
with any of the participants in the trial. After
that he motioned to the clerk to invite them in.
All eyes watched the
fashionably dressed young defendant and the two
young lawyers enter and take their places. Then a
thin woman came out of a side door with a basket.
She withdrew a piece of paper from it and
announced the name. A round grandmotherly woman
rose and was directed to the first seat in the
jury box. After swearing her in, the judge asked
some preliminary questions concerning any past
knowledge or involvement with the legal system.
She knew very little.
Then the two attorneys took
turns. Neither one of these guys was over thirty
and the lawyer for the defendant looked like
Robby Benson's little brother. As the questioning
unfolded I started to doubt that I would be
selected even if I made it as far as the jury
box. The lawyer for the defendant asked the sweet
gray-haired woman what came to mind when he said
the word "lawyer." She only
hesitated a moment and said, "Hard
working." My brain did a double take. That
was hardly what came to my mind. The next
question was intriguing. "Have you ever
heard of Pia Zadora or Meshulam Riklis?" She
looked at the D.A. like he was speaking a foreign
language and finally said "No." This
woman was selected and asked to move to a seat on
the top row of the jury box.
Judging from the questions
asked we all could tell the case involved a
traffic accident and the next name out of the
basket was a driving instructor. The lawyers
asked him a few questions just to follow
procedure, but he obviously knew too much. He was
quickly eliminated and free to go. Watching each
new prospective juror the pattern became clearer.
If you had too much knowledge or strong opinions
you were eventually asked to step down.
I was evaluating the
ramifications of all this when I heard my name
called. It was my turn to be transported to the Jury
Zone. Now I was the focus of the court's
scrutiny.
The judge looked at some
papers on his desk while he spoke to me. "It
says here that you're a writer. What kind of
things do you write?" "Mostly
television," I answered feeling suddenly a
bit shy. "Have you ever written anything
that takes place in a courtroom?" I thought
for a moment. "Yes, I have." The judge
looked up. "Then I guess you're somewhat
familiar with the procedure," he assumed,
glancing around the courtroom. "No, I'm
really not," I said honestly. "Then how
did you write about it?" the judge and
everyone else wanted to know. "I just made
it up."
Everyone in the room burst
out laughing and the judge was still chuckling
when he asked his next question. "Was it
anything like this?" "Not very
much," I answered cautiously. "How was
it different?" he wanted to know. "Not
nearly as boring I hope." A few people
laughed, but the judge seemed especially tickled
by my responses. That was when he decided to call
a short break.
Out in the hall with time to
kill made me nervous. Whatever possessed me to
quit smoking at a time like this! One
rationalization after another crossed my mind,
but the one I decided to go with was that I had
to calm my nerves before I could go back into
that courtroom. By the time I accepted that there
was only ten minutes left. I flew out the doors
toward my car to find the nearest cigarette
machine. On the way I whizzed by the defendant
and his attorney. They sensed my desperation, but
remember: no contact. I couldn't
explain. They watched me like witnesses to an
escape. Their shocked expressions freeze frame in
my mind.
When I found a cigarette
machine it took all my money and gave me nothing
in return. There wasn't even time to complain to
the manager. I got back to the courthouse winded
and sweating with only a few minutes to spare. I
rushed up to a stranger and bummed a cigarette.
With great difficulty I took two puffs before we
were ushered back into the courtroom. Full of
adrenaline and nicotine I resumed my place in the
hot seat.
The judge reminded me that I
was still under oath. I smiled faintly and
nodded. "Do you know who Pia Zadora and
Meshulam Riklis are?" I answered
"Yes" to that. "Have you ever
worked for Pia Zadora?" he inquired further.
"No, I haven't" "Would you like
to?" he said right on the heels of my last
answer. Having just been reminded that I was
under oath, I said, "No."
The judge smiled and turned
me over to the D.A., who of course asked me that
dreaded question about what came to mind when he
said the word "lawyer."
"They defend people who are guilty and
innocent," I said. "Well, sure,
everyone's entitled to an attorney. Is that what
you mean?" That wasn't what I meant.
"What I mean is that the point is to win. If
someone commits a crime, but there isn't enough
evidence against him, the case is plea-bargained
down to a lesser charge. That way the D.A. gets a
conviction and the defendant serves little or no
time."
Somehow my answer made the
D.A. forget his other questions, but the Robby
Benson lookalike was ready for a confrontation.
"Let me see if I've got this straight. You
have something against lawyers because they want
to win? Shouldn't we want to win?" It was
hard to believe, but I had hurt his feelings.
"First of all I didn't say I had anything
against lawyers and of course you should want to
win, but there are other things to
consider." "Like what?" he said
turning away smugly. "Like justice!"
The judge tried
unsuccessfully to stifle a snicker behind his
hand. He and I both knew I wasn't long for this
jury. A few light questions later I was excused.
Before I left the courtroom the judge called out
to me. "Thank you. Thank you very much for
your candor." His eyes were still twinkling
when I looked back and said, "Anytime."
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