Tag Archives: criminal justice system

The system worked: Cosby sent to prison

Many of us have griped on occasion about the occasional inequity of the U.S. criminal justice system.

I have to say, though, that today the system worked well.

A judge in Pennsylvania sentenced the man once known as “America’s Dad” to three to 10 years in a state prison and declared William Cosby to be a “violent  sexual predator.”

Bill Cosby’s status as a comic superstar, TV star, iconic figure didn’t matter as the judge sent Cosby to the slammer. What’s more, his name will be etched forever on a sex offender registry when and/or if he gets out of prison; the man is 81 years of age.

A jury convicted Cosby of drugging and raping Andrea Constand in 2004. Other women have come forward to allege that he had done the same thing to them.

I take no joy in applauding the sentence and Cosby’s new status as a prison convict. Some years ago, my wife and I attended an event at West Texas A&M University that featured Cosby, who brought the house down with a rip-roaring stand-up routine.

That was then. The here and now tells us something quite different about Cosby and what a trial jury determined him to be.

He is getting precisely what he deserves.

Still waiting for jury duty

I must be a weirdo.

I’m now 68 years of age and I have a item on my bucket list that I likely won’t ever fulfill.

I want to serve on a trial jury. I want to get the chance to determine whether someone is guilty or innocent of a crime. I even would settle for a civil case that would allow me to rule in favor of a plaintiff or a defendant.

It won’t happen. Not likely ever.

Over many years of living I’ve heard too many friends and acquaintances gripe about serving on a jury. They don’t have the time. They don’t want to be bothered. Public service? Let someone else do it!

Why, I never …

I posted a blog item in February 2009 that called attention to a local sheriff reporting for jury duty. Randall County’s top cop, Joel Richardson, performed his act of public service.

So, what’s your excuse?

I was proud of Sheriff Richardson.

Alas, I won’t be able to do what he did … more than likely.

In Randall County, where I’ve lived for more than two decades, I receive jury summonses about two, maybe three times a year. The county’s automated system allows summons recipients to call the prior evening to see if we have to report. Almost without fail, I call and the recording excuses “all jurors” until the next time we get called.

Then there’s this grand jury matter. I served on a Randall County grand jury some years ago. We met for three months, handing out indictments and no-billing people listed in criminal complaints brought by the district attorney’s office. The DA, James Farren, told us we could kiss any future jury duty goodbye, given our grand jury experience. Why? Defense counsel would strike us as being biased in favor of the prosecution.

Drat!

I know this sounds strange. I do wish I could get a jury summons, answer it, report for duty and then get selected to hear a case. Hey, the pay is lousy.

Then again, public service isn’t about personal enrichment … correct?

Now it’s the grand jury system under attack

Grand juries do an important task within the criminal justice system.

They hear evidence from prosecutors and then decide whether a criminal complaint merits an indictment, which is a formal accusation of a crime that needs to be decided by the courts.

Now, though, the grand jury “system” has come under attack as it relates to special counsel Robert Mueller’s investigation into whether the Donald Trump campaigned had an improper relationship with Russian government hackers seeking to meddle in the 2016 presidential election.

Who are the attackers? I’ve heard it come from right-wing talking heads on conservative media outlets. For example, Sean Hannity of Fox News said the grand jury that Mueller has impaneled is inherently biased against Trump. Hannity echoes the president’s description of Mueller’s investigation as a “witch hunt.”

Fascinating, yes? Sure it is. These are the same fools who called for grand jury investigations into Hillary Rodham Clinton’s missing e-mails. This is the “lock her up!” crowd that didn’t give a damn about any presumption of innocence and wanted a grand jury to find a reason to imprison the former U.S. senator, secretary of state and 2016 Democratic Party presidential nominee.

These individuals make me want to puke.

***

I now want to say a few words about the grand jury system.

It’s not perfect, but it works. Indeed, I have some intimate knowledge of the Texas grand jury system. I served on a grand jury for three months here in Randall County. I was asked to serve by a jury commissioner who was picked by 181st District Judge John Board; the jury commissioner, a friend of mine, was tasked with finding qualified individuals to serve on a grand jury.

I eventually was seated on the grand jury and we met in Canyon each week. We heard complaints brought to us by law enforcement. It was an educational process to be sure. Did we indict every criminal suspect named in a complaint? Hardly.

We would hear from prosecutors who would explain the circumstances surrounding the complaint. We would ask questions of them, talk among ourselves and then decide whether to issue an indictment. It was clean, simple and most importantly, it was done honestly and in good faith.

Granted, the stakes involved in our list of hearings fall far, far, far short of what awaits the grand jury that will consider the assorted Donald J. Trump matters that Robert Mueller will bring forward.

It angers me in the extreme, though, to hear partisan, talking-head hacks disparage for political purposes a segment of our criminal justice system that can — and does — bring great value to the delivering of justice.

Disappointed once more in jury system

Call me weird. I got word last night that I won’t be called for jury duty after all. Drat! Let down … once again.

I get these jury summonses from Randall County District Clerk Jo Carter’s office on occasion. They tell me to be ready to report on a certain date. Potential jurors are given the chance to phone in ahead of time to see if they’ll be called. I made the call Saturday night and, sure enough, the recorded voice said “all jurors are excused.”

I’ve never served on a trial jury. It’s one of those thing in life that always has intrigued me. Even when the “job” paid $6 daily for jury service, I didn’t mind working basically for free. Texas trial jurors have gotten a pay raise since then. Don’t think I’m holding myself up as some paragon of public service virtue, but I’ve always considered it my duty to serve.

I want to serve on a trial jury, but I fear it won’t happen.

I received a single jury summons when I lived in Oregon, but I got excused because my wife, sons and I were set to leave on a two-week-long trip to southern California on the day I was to report. They let me off the hook.

Then we moved to Jefferson County, Texas. I think I got summoned twice there. Nothing came of either call. My wife once got picked for a jury and actually went through the process of lawyers “striking” jurors. She got struck at the last minute because the defense lawyer recognized her last time, associated it with mine — as I was editorial page editor of the Beaumont Enterprise newspaper — and excused her from duty.

We moved years later to Amarillo. Not long after moving here, I received a summons to report in Randall County. I called ahead of time. Bingo! I got the word I had to show up the next day. I did. I sat in the jury waiting room for most of the morning. Then, shortly before noon, the judge came out and informed us that the parties had settled and we could all go home.

It’s been downhill ever since.

Every time I get the summons, I make the call and am told the same thing: Don’t bother reporting.

Maybe I should be happy that the parties settle, or that the criminal defendants have plea-bargained their way out of having to stand trial. It saves the county and the state money that comes out of my pocket.

However, I’m always ready to serve as a juror. If only they’ll give me the chance.