Tuesday, July 19, 2016
Tuesday, July 5, 2016
JURY DUTY (part 1)
SO let me try to write this out the best way I can.
For years I wanted to serve on a jury. No one I know EVER wanted to be on jury duty. I was that lone person who wanted to.
Back in early March I actually got a notice to serve. However, they wanted me to serve on the week of St. Patrick's Day. I was scheduled to visit my mother that week so I postponed it (and now that I think about it during the past 10 years I was hesitant about during jury duty during the summer months and close to the time I had to visit Florida). I went online and postponed my service until mid-May.
On May 16th I reported to the new Bronx Criminal Court. New because when I lived there years ago there were only the Supreme Court and Family Court buildings. I have never been picked for a jury. About four years ago they called, found out where I worked and sent me home. I expected that this time.
Because I had just gotten back from my bout with cellulitus I wasn't anxious to get selected this time around. I expected to serve my three days and go home. On the second day close to 4 PM they called me along with about 50 people to see the judge. They got us into the courtroom briefly before they sent us home for the day.
Now I knew I would be on a criminal case so when I walked into the courtroom I expected to see the judge, prosecutor, defense attorney and the defendant. I never expected to see four defendants.
The Judge gave us a description of the case. She let us know the defendants are being held at Rikers Island and that should not influence us one way or the other. There were 12 charges. They were being held in solitary confinement (which once again should not prejudice us) where they set fire in their individual cell. From there they were moved to a holding cell where there were eight in one cell. That's when the assault occurred. They were accused of jumping one inmate, sending him to the hospital. During the melee the victim got shanked. So there were 12 charges. The ones I remember were:
1. Arson in the second degree (for setting a fire to the building knowing there were others present).
2. Arson in the fifth degree (setting a fire to property without permission)
3. I forget this charge.
4. Promoting contraband (for the arson
5. Creating contraband (not originally having it but somehow creating it)
6. Conspiracy to perform Arson in the second degree.
7. Assault in the second degree (for intending serious physical injury and causing serious physical injury.
8. Gang assault (I forget the degree). This got weird. For this charge we were to find the defendant guilty if we felt he intended to physically harm the victim but caused serious injury
9. Another assault charge but for intending physical harm and causing physical harm
10. Another assault charge but for fighting while incarcerated.
11. I think this was for Conspiracy to commit the assault
12. Promoting contraband (the weapon used to carve the victim)
As I mentioned I forgot the actual charges for #3, 4 and 11. It's not going to matter ultimately.
We were then interviewed by the judge, the prosecutors (yes there were two of them) and the defense attorneys (four of them).
What stood out was that the judge was very particular about the jury being able to stay for the entire duration without worry about pay. As you know jury duty is mandatory and your job is supposed to allow you to go. The state pays $40 a day . Of course in New York City that isn't much. A week of jury duty will get you $200 . From my low pay I NET more than twice that. The COURT was looking for civil service employees where their job would pay their regular salary. Needless to say I was selected along with five others to come back in two weeks for the start of the trial.
For years I wanted to serve on a jury. No one I know EVER wanted to be on jury duty. I was that lone person who wanted to.
Back in early March I actually got a notice to serve. However, they wanted me to serve on the week of St. Patrick's Day. I was scheduled to visit my mother that week so I postponed it (and now that I think about it during the past 10 years I was hesitant about during jury duty during the summer months and close to the time I had to visit Florida). I went online and postponed my service until mid-May.
On May 16th I reported to the new Bronx Criminal Court. New because when I lived there years ago there were only the Supreme Court and Family Court buildings. I have never been picked for a jury. About four years ago they called, found out where I worked and sent me home. I expected that this time.
Because I had just gotten back from my bout with cellulitus I wasn't anxious to get selected this time around. I expected to serve my three days and go home. On the second day close to 4 PM they called me along with about 50 people to see the judge. They got us into the courtroom briefly before they sent us home for the day.
Now I knew I would be on a criminal case so when I walked into the courtroom I expected to see the judge, prosecutor, defense attorney and the defendant. I never expected to see four defendants.
The Judge gave us a description of the case. She let us know the defendants are being held at Rikers Island and that should not influence us one way or the other. There were 12 charges. They were being held in solitary confinement (which once again should not prejudice us) where they set fire in their individual cell. From there they were moved to a holding cell where there were eight in one cell. That's when the assault occurred. They were accused of jumping one inmate, sending him to the hospital. During the melee the victim got shanked. So there were 12 charges. The ones I remember were:
1. Arson in the second degree (for setting a fire to the building knowing there were others present).
2. Arson in the fifth degree (setting a fire to property without permission)
3. I forget this charge.
4. Promoting contraband (for the arson
5. Creating contraband (not originally having it but somehow creating it)
6. Conspiracy to perform Arson in the second degree.
7. Assault in the second degree (for intending serious physical injury and causing serious physical injury.
8. Gang assault (I forget the degree). This got weird. For this charge we were to find the defendant guilty if we felt he intended to physically harm the victim but caused serious injury
9. Another assault charge but for intending physical harm and causing physical harm
10. Another assault charge but for fighting while incarcerated.
11. I think this was for Conspiracy to commit the assault
12. Promoting contraband (the weapon used to carve the victim)
As I mentioned I forgot the actual charges for #3, 4 and 11. It's not going to matter ultimately.
We were then interviewed by the judge, the prosecutors (yes there were two of them) and the defense attorneys (four of them).
What stood out was that the judge was very particular about the jury being able to stay for the entire duration without worry about pay. As you know jury duty is mandatory and your job is supposed to allow you to go. The state pays $40 a day . Of course in New York City that isn't much. A week of jury duty will get you $200 . From my low pay I NET more than twice that. The COURT was looking for civil service employees where their job would pay their regular salary. Needless to say I was selected along with five others to come back in two weeks for the start of the trial.
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