Chapter 1
Today is a cloudy, cool day with a light breeze as I walk to the courthouse in Annapolis. Although yesterday was a beautiful, sunny, 75-degree day, the weather was now on a downswing in its cycle and heavy rain and thunderstorms are expected. I hope this is not an indication of how my day will progress.
At 7:30 am on a Thursday, the historic brick-paved streets only had a few cars on them and the sidewalk was just as empty. You may ask why I am going to the courthouse – that would be because today I have jury duty and had to cancel my flight to Florida. In my 30-plus years living and voting in Anne Arundel County this is the first time I have been selected for this civic duty. I have heard many stories about being a juror ranging from “It was easy and great diversion from everyday life” to “Oh my god! I got stuck on a trial that went on for three weeks and when it got to the end the defendant made a deal and we were excused without having to give a verdict. What a waste of my time.”
As I mentally prepare for the day ahead, I am hoping my experience is more like the former than the latter.
Chapter 2
As I approach the courthouse there are several people outside smoking. I walk through the door of the 200-plus year old courthouse to enter the lobby and I am immediately in a long line of people waiting to go through security. The historic portion of the building is very small and is now only used as a security checkpoint. It is connected to a modern open lobby that leads to the new courthouse. I think it is nice that the historic portion is still used as the main entrance. Its location off of Church Circle with other historic buildings continues to let people see the area as it was in the late 1700s.
Security at the courthouse is very efficient and it only takes me about five minutes to get through. They are all very polite and are talking to each other about the previous night’s basketball game. It was a great game as the Wizards made a late fourth quarter comeback to tie it up and then win it in overtime. It is a short walk from security to where the jurors check in. As I enter I am greeted by a bailiff who asks to see my juror summons. He directs me to a line where I am checked in and given fifteen dollars cash and a form to sign with a question asking if I would be available for a three- to four-day trial. In reading the question, I see that the only excuse I have, work, is one they do not accept. As I select “yes,” I sense a thunderstorm in my future.
I finish filling out the form and a bailiff collects it. There are roughly 130 people here and I wonder how many have a non-work excuse. I am guessing about 30 of the 130, making my chances about 50/50 for being on a long trial. As I look outside the window I can see it is now starting to rain.
Chapter 3
It is now 8:00 am and we are all assembled and asked to sit in the waiting area. A bailiff walks to the podium at the front of the room, says hello, and shows us an informative video about how being selected as a juror is an honor and that this could be one of the most memorable things to happen to us in our lives. I am thinking that he is not married and does not have children or grandchildren.
After we all watch the video outlining what to expect during jury duty, it was obvious to me that there would be more sitting around and waiting than there would be actually listening to a case.
The bailiff returns and says he would like to introduce us to one of the court’s newest judges who had a few things to tell us about today.
The judge then walks up to the podium and introduces himself. “Hello, I am Judge Crook.” Really? I think. This has to be a joke. He quickly continues, “Yes, that really is my name.” He then makes sure that all the new jurors are sitting to his right and that all the returning jurors are sitting to his left and says “I would like to welcome all of you as possible new jurors and hope that this will be a positive experience for you. The jurors seated to my left are returning jurors and have been here for three months on a very important trial. Please do not talk to them and soon they will be taken to a private room.”
There are many people who moan after hearing this. Judge Crook then smiles and says, “I am just kidding. They have only been here for two days.” Everyone laughs and seems a little more receptive to what he has to say next. As he speaks, I just think of Judge Harry Stone from Night Court.
When the judge finishes talking to us the bailiff comes back and gives us all a 20-minute break after which they will start calling numbers for the first trial.
Chapter 4
When we all return from our break they ask us to be seated so they can start jury selection. The bailiff explains that he will call off 40 numbers for this case and if our number is called we are to stand up and we will be assigned a new number relative to that case. He starts reading off the numbers. Today’s group numbers are between 273 and 400. First I hear 280, then 291, 298, 303… As the numbers are called, I’m thinking things are great. I am 273 and they have passed me and are proceeding in numerical order. Then I hear 275. Crap, this man is all over the place. Who taught him how to count? He continues on and then he says it. 273.
I stand up and say my name and now I am number 28. He continues to read off numbers until he has 40 people. He informs us that we have ten minutes to turn off our phones, gather our belongings, use the restrooms if needed, and then line up by the door. Well my 50/50 odds of being picked for a three-day trial were not good enough and they are now 14/40 for possibly being a juror because they need 12 jurors and two alternates. With my odds continuing to go south, I guess if I have to be a part of this trial, I better not be an alternate!
Chapter 5
The ten minutes pass and it is time to line up. The bailiff opens the door and walks us all in a straight line through it and down the hall and to the left, left again, and another half mile to line up against the wall before waiting to go into the courtroom. The procession makes me feel like I am back in first grade with the teacher walking us all to the lunchroom with a teacher’s aid following from behind to make sure no one wonders off.
The door opens and we are all led inside. They direct us to sit in the front rows of the viewing gallery where we will wait for the judge.
A few minutes pass and then we hear, “All rise for the Honorable Judge Wapner.” Before most of us can get up Judge Wapner says, “Please be seated.” Some of us do not hear his request and now half of us are seated with the others still standing with perplexed looks on their faces. The judge makes his request again and those who are still standing sit down.
Judge Wapner proceeds to tell us basic information about the case and says that he will be asking us questions to make sure there are no obvious conflicts of interest. After hearing the question we are to stand up if our answer to that question is yes. Some of the questions explored are if we know the judge, attorneys involved with the case, or the defendant. No one stands for those questions. Next comes the more interesting ones. “Have you ever been a victim of a violent crime?” Three people stand for this one and are asked to approach the bench to explain. After explaining, they are informed that their past experiences should not be a problem for this case and are asked to take their seats. The next question is “Have you ever been arrested?” I am surprised to see about ten potential jurors stand for this one. Judge Wapner tells those ten if they were found not guilty to sit back down. Seven take their seats. The three still standing are asked to approach the bench one at a time to give the exact details of their incidents. The question and answer period goes on for about an hour and it is obvious some people have an issue with all the questions. They are the ones who really do not want to be here.
After the questions are done, the judge says it is time to select the jurors. He asks jurors 1, 4, 5,7,12,16,17,26 and 31 to stand.
After the individuals selected stand, Judge Wapner says “Thank you for coming and you are dismissed. Please return to the jury pool and tell them you are no longer needed.”
They all leave the room and the judge then says the first six potential jurors will be jurors 2,3,6,8,9 and 10. He asks them to come to the bench and stand in numerical order. Now I am thinking, YES! This man must have been a math major before law school and I quickly calculate the numbers left between where they were now and my number and am sure they are not going to make it to 28.
Next he asks the defense attorney and the prosecuting attorney in turn if each juror is acceptable to them. This is done one potential juror at a time. This confuses me as I thought the people the judge excused were the jurors that the attorneys said were not acceptable, but I later find out those excused were not acceptable to the judge.
The first three jurors are acceptable to both attorneys and then the fourth is not acceptable to the defense. As if to say two can play at that game, the prosecuting attorney then says the very next potential juror is not acceptable to her. The last of the first six jurors called are good for both attorneys and now, out of the six people called, there are only four. I quickly recalculate and realize that it is not looking good for me. Ten numbers called and only four jurors confirmed. I can now hear thunder from the approaching storm outside and can only think that, just as the weather is getting worse, so are my chances of not being part of this trial.
The judge then calls out six more numbers to stand and approach the bench – potential jurors 11,13,14,15,18 and 19. Once they do, the review by both attorneys begins again. As I watch, I think that they look like nice people who will make fair jurors – say yes! But obviously I am wrong and potential juror 15 is asked to return to the jury pool. The second round of acceptable jurors moves to sit with the first group.
There are now nine jurors and we are on number 20. I am feeling a little better about not being selected.
The judge then calls out, “Will potential jurors 21,22,23,24,25 and 27 please stand and come to the bench?”
This is great! They have to be able to agree on three people out of these six and they do with the very first three. So they have gotten through 23 potential jurors and selected their 12 jurors. I am relieved!
After the final juror is selected I am expecting the judge’s next words to be “Thank you for your time,” but no! Instead he says, “Because this trial is expected to take a few days we will need two alternate jurors.”
Alternates! I had forgotten about the alternates. My whole body cringes as I hear this. I quickly calm myself. Okay, I think, they only need two and there are three people up there. How important is an alternate?
Potential juror 24 is acceptable to both attorneys and moves to sit with the other jurors. The prosecution says juror 25 is acceptable and before responding, the defense attorney pauses, asks them a question, and upon hearing the answer says they are not acceptable.
Oh my god! There is only one person left and then it will be me. Maybe I am not acceptable. Yeah, maybe they won’t want me and I’ll be excused. As I am running through possible scenarios in my head, the judge’s voice breaks my thoughts. “Well we now have our two alternates. Thank you everyone. You may all now return to the jury pool room.” Man, you mean I have to do this again!
As we all walk back to the jury pool room I notice that the rain has stopped and the sun is trying to peak through the clouds. I am trailing behind the others as I am not in a hurry to sit and wait to be selected for another trial. When I turn the corner and enter the room it is empty! Well almost empty – there is only one bailiff and the few others that I had walked back with. The bailiff then says that they had all the jurors they needed for today and that we could all go home. This is a great thing to hear. I thank the bailiff and head home. For my first experience as a potential juror it was not as bad as I thought it would be, but I am sure that is because I did not have to be part of a multi-day jury. I think I will go home and take my wife to dinner to celebrate.