Day #7 – Courtus Interruptus

And so it ends, not with a Bang but with a Powwow. True to form, we The Jury, are told to be in no later than 9:15 so that we may get closing arguments out of the way before the scheduled 10:30 fire drill. By 10:00 it seems clear that something isn’t going on. Even John, our Court Officer, seems to have abandoned us. I guess it’s about 11:00 by the time we’re called.

Another juror has fallen by the wayside. It seems her nails had dried and her makeup was finally right and so she decided to go to Boston with her boyfriend for the weekend. She had a lovely face and a voice like a sharp tool. I’m glad for her departure because her entire opinion was going to be based on her low regard for The Angry Fat Girl. It’s almost like I care; not for the plaintiffs or the lawyers or even The Judge, though we did exchange a friendly glance during the preceding day’s session. It’s the concept. It’s flawed (wow is it flawed) but it’s decent. And not decent like it’s just ok; decent like it’s endearing.

At any rate, John, our Court Officer, does finally come around and leads us to The Court. He enters and closes the door. We are left in the hall for awhile during which time we decide that our case is very likely being settled out of court even as we stand there. Well not exactly stand there. Actually we shuffle back up the hall a few paces to the next courtroom. The door is open and we are taking a kind of professional interest in the proceedings. At length, John, our Court Officer, opens the door, gets the go ahead from The Judge and we file in.

The plaintiffs lawyer has his briefcase on the table and nobody has any papers out. It’s obvious that it is over. The Judge asks us if we want the good news or the bad news first. We all say “The good news” except for the twenty one year old juror who would prefer the bad news first. I’m sure this has meaning but there is no time to deliberate on it. The good news is that the parties have come to an agreement. The bad news is that we won’t be able to deliberate on this and thus bring it to conclusion. I must confess that up until this very moment, that bit of bad news would have fallen under my definition of good news. But that was a moment ago, and now, now I am inclined to agree.

More good news, she tells us, is that we have been an exceptionally fine jury. I believe this to be a transparent fabrication told to 99 percent of all juries. Still, it’s nice to have avoided the One Percenters. There is some levity as she notes that another juror has dropped out and I tell her that only the good looking ones are left. And then the really good news. Both lawyers want to meet with us to ask questions. Even the Court Secretary wants to be there. This is great because it will give us the opportunity to ask some questions of our own as well as decompress somewhat from this pressurized atmosphere. Not surprisingly The Angry Fat Girl speaks first. The shocker is that she asks us if she comes off too strong. I am equally shocked to find the group generally voicing support for her but then, we aren’t cruel. We let her know gently that this is the case but I doubt that it makes much impression. This is her nature; let it be. That said, in this new air, she actually seems likable and we are glad for her company. JFK Jr. asks the same question and gets a modestly more approving answer.

Then we cover some real meat. Tactics, and how certain ones work though they are transparent and others don’t, even when they are well cloaked. Who has credibility and why. Why some evidence was introduced and why some experts weren’t. The atmosphere can only be described as jovial. I tell The Court Secretary that it is a shortcoming of the system that jurors are not informed of the rules of examination and cross examination. It makes it more difficult to understand the tactics which are being used and it prevents jurors from mining out deliberate omissions.

JFK Jr. then closes in on several of the members and in a low, almost intimate tone asks again about how we viewed his performance. I see him more clearly now, not just as a professional polishing his delivery, but as an unwholesome contagion trading on his good looks and easy manner. However, his vanity is a useable tool and I use it for leverage. I ask him if he knows the other lawyers. He says that he has just met them but that the Spiky Haired Lawyer has already asked him to take a case. It’s almost too easy. I tell him to pass on this message. “Stop with the coat buttoning thing. It doesn’t work.”