Those who are incapable of
committing great crimes,
do not readily suspect
them of others! *

August 17, 1993 - I just finished serving on a jury. It was an educational experience I won't forget. Never again will I presume to understand how my fellow human beings think. Here are the facts:

A man was charged with Grand Theft and Battery by an Undercover Agent who had been in the neighborhood with a Crime Task Force.

The evidence consisted of testimony about an arrest, a hospital visit, and a box of merchandise the Defendant was accused of attempting to steal. Since the merchandise was worth less than $200, the charge was reduced to Petty Theft.

We found the Defendant NOT GUILTY on the first count - Petty Theft - because the testimony of the Undercover Agent was the only evidence that he had even touched the box. It never left the warehouse. There were no finger prints.

Next we began to deliberate on the second count - Battery on a police officer.

The Defendant, his wife, and child were riding in a friend's truck after having just come from the grocery. The friend suggested to the Defendant that he ask for a job at the warehouse. It was lunch time and the door was unlocked, so he walked in. After a minute the Defendant and the Undercover Agent were observed outside the warehouse engaged in a struggle.

It came out during the trial that twice before during the week the Agent had approached the Defendant. The first time, he attempted to recruit him as an informer. The second time, they exchanged words on the street.

On the day of the incident the Agent was undercover in the warehouse doing surveillance. He saw the Defendant walk in. Again they exchanged words. The Agent went to handcuff the Defendant, met resistance, then attempted to use a choke hold. A struggle ensued. After going with the Defendant out the door and over the stairs, he went back to his walkie-talkie and ordered his partner to block the escape of their vehicle.

The law says that if a policeman requires medical attention after making a lawful arrest while in the line of duty, then the perpetrator is guilty of Battery.

A lawful arrest can be proven with an arrest record. Yet, the only record we had was of a previous arrest of another friend of the Defendant. (Why was it entered as evidence?)

There was no physical evidence of a hospital visit either. The Agent did emphasize that the knuckles of his left hand were swollen.

The employees who were in the warehouse at the time never testified.

If you were a member of the jury, how would you vote on the second count? Do you think the Defendant was proven guilty of Battery beyond a reasonable doubt?

We the jury deliberated all day Friday and again for most of Monday. My fellow jurors were adamant about seeing "justice" done. Every single one of them voted GUILTY. the final ballot was 11 to 1.

The judge declared a mistrial on the second count and dismissed the jury.

And so it goes to trial again with another jury. Hope they can all agree on the right verdict. I'll find out and let you know. **

-gg

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