We have reached a verdict

I was called for jury duty last week, and was selected to sit on a criminal case charging child molestation. Now, I am aware that many people claim to hate jury duty, but I have to tell you, I love it. I find the legal system and court process very interesting, and certain kinds of cases – fascinating! The one I was on certainly was. My new employer only covers three days of wages though, so I worked some early morning and weekend hours to make up my full paycheck. It was a tiring week.

About twenty five years ago, I served on a child molestation case in Tucson. The case was ground breaking in that the judge had allowed the testimony of the child to be video taped rather than making her come into the court room. The defense argued the defendant’s rights were violated, in that he was supposed to be allowed to face his “accuser”. The story hit the media and several jurors heard about it. The judge was forced to declare a mistrial. I was SO disappointed! After hearing opening statements and a day of testimony, I didn’t get to see the end of the story. (I later heard the man was acquitted. It was his ex-wife who had brought the charges against him during a custody battle for their little girl.)

This week’s case was really intriguing. And appalling. The little girl’s parents had an “open relationship”. They were swingers. The mother met a guy online, developed a relationship, and he came down from Washington state to move into their tiny two-bedroom apartment with them. He shared the bedroom with the wife while the father slept on the couch. The mother worked nights; the father worked days; the boyfriend didn’t work, so he took care of the two children during the day while the mother slept. After approximately five months of this arrangement, the mother discovered he had molested the daughter.

The little girl testified, and she was one of the sweetest and most precocious four year olds I’ve ever seen. Fortunately, she did not seem to be too traumatized by the event. I think she was young enough to not quite understand all that had happened to her.

The most interesting testimony of the case was the expert witness. She was a specialist in forensic interviewing and juvenile counseling. She described it as assisting children in identifying a situation. She was not familiar with this case at all. She was simply there to give us information that would help us determine the facts and validity of the testimony we were hearing.

I was the jury foreperson. We deliberated for six hours. In the end, it came down to whether we believed the child’s word or the defendant’s. We believed the child.

After the trial was over, we were allowed to meet with the attorneys and ask questions. It was then we discovered this was not the defendant’s first conviction. He was a registered sex offender from an offense when he was a juvenile, but that information was not admissible in court. Now the guy is going to prison for 10-25 years, and he’ll NEVER be allowed around children again.

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14 Responses to We have reached a verdict

  1. Richard says:

    Good. People like that need to be put away. Sounds like an interesting, if disgusting, case.

    I have to tell you that when I saw the title of your post I thought the verdict you had reached was that the Wildcat basketball team was not very good this year.

  2. Daryl says:

    I thought the verdict was going to be the same one that Richard thought!

    I had no idea you were on Jury duty this week. No wonder I haven’t heard much from you.

    I keep wishing I could serve on a jury, but the two times I have been “invited”, they didn’t need me.

    Your trial sounds very interesting, Ms Foreperson. With the previous conviction, it sounds like you reached the right conclusion. I’m sure it’s good to have that confirmation, after sending someone to prison for many years.

  3. Donna says:

    Regarding the ‘Cats, there’s always next year! 😉

  4. Don says:

    I’ve been on a jury in two trials and it was interesting both time. It sounds like this guy deserves more than 10 years. Does AZ have a 3 strikes law?

  5. Donna says:

    I don’t know, but the attorneys said Arizona is one of the toughest on sex offenders.

  6. Heather says:

    I have always wanted to be on a jury, but the one time I went to serve it was a child molestation case and I told the judge I couldn’t make a fair judgment. So he didn’t want me!

  7. jocelyn says:

    I don’t think that was nearly enough time. I knew a girl that was molested as a very small child by her grandfather. She didn’t remember it but it still had a huge negative affect on her relationships. She also had major trust issues because her mother didn’t believe it happened. But he was convicted.

    I don’t know if I would ever be an impartial juror in a child molestation case.

  8. Donna says:

    I just imagined it was my brother or son who had been falsely accused. The law dictates you must start out assuming the defendant is innocent and it is the state’s burden to prove guilt beyond a reasonable doubt. In this case, the state proved it.

    In my post, I brought up the previous case I sat on to show how sometimes a charge is made that is false. Until a juror has heard all the facts, s/he can’t presume everyone is guilty.

    I also mentioned the expert witness we heard. She gave us very detailed information about sorting out whether you have a real accusation, a false accusation, or an erroneous accusation (which are three different things).

    A very interesting 5 days.

  9. Dianna says:

    I’ve known people who have been accused when it was a total fabrication and are spending years in jail or who have lost businesses as a result. But if it were true I’d definitely want them strung up by their you know whats.

  10. Daryl says:

    Toes?

  11. Don says:

    Sure, toes would teach em a lesson.

  12. Richard says:

    And I always thought Daryl knew whats.

  13. Heather says:

    Happy Birthday!

  14. Don says:

    Happy Birthday Dinna!

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