The Verdict is In

Just when I was feeling particularly disheartened by the human rights violations  at Guantanamo and the  “indefinite detainment” written into the National Defense Authorization Act, I had the chance to serve on a jury in San Francisco, and my faith in our justice system was partially restored.  I was impressed by the demeanor and tone of the judge Kathleen Kelly and by the attorneys and by my fellow jurors, who, for the most part, were articulate and respectful of the process and of one another.  A great deal of respect was given to the rights of the defendant, who definitely had his day in court.  This would be a good tradition to maintain or,  perhaps I should say, restore in all our laws and practices. 

Of course, we were probably too lenient with the defendant.  I kind of wish I hadn't read Being Wrong and The Invisible Gorilla, books that cite studies showing that witnesses are very unreliable.  I also know about "corroboration," when the police need to prove someone's guilt and agree on exactly what they're going to say.  Still, we had a good foreperson, and he really gave everyone a chance--many chances--to express their opinion.  We watched videos a second and sometimes a third time and got the court reporter to read us testimonies, which she did very well!  (I asked her out of court whether she was an actress, and she said she was a singer.  She definitely has a clear and expressive voice.)

The defendant was, in court, a very handsome young black man who looked almost like Gandhi.  In the videos of his ranting and ravings (sustained "Fucking immigrant," "Fucking faggots," "fucking bitches") filmed at Best Buy and at the Superior Court at 855 Bryant--and as witnesses described him going into Rosa Parks School--he looked like someone who was trying to incite a riot--an offender in search of an over-reaction.  

We had to reach consensus--12 among 12--and we did on all but 4 counts.  We tried to convince the dissenter on three of those four, but he had made up his mind. Later, when we met with the D.A./Prosecuter Christopher Ulrich and the Defense Attorney Phoenix Streets, they asked whether the dissenter would identify herself or himself, and he wouldn't.  They said they'd like to hear his reasons for dissenting.  He didn't speak up.  I wish he'd had enough conviction to speak up.  That was disappointing.

But I really was impressed by all the time and care that was given to this one man when other people are thrown in to prison without charges and without the chance to prove their innocence.