Sunday, February 16, 2014

CASE NO. 12-X-XX588-X, Part 1

The past couple of nights I’ve had 3AM mental wrestling matches about the trial that just concluded, feeling that I should have been a better advocate for a more fair resolution than the one our jury reached. It's a feeling I can dismiss in the cold light of day, but it's been stealing into my dreams, waking me up, and keeping me awake.

Nobody said we had to, but we each clipped this badge
over our breast/chest whenever we were in the courtroom.
The opposing sides rested, and we began deliberations two days ago, on Friday--Valentines Day in an unfortunate twist of fate--a little after 4PM. We were told that if we didn’t reach a decision by six we’d need to return next Tuesday. Even though it was the end of a long, trying week, once our discussion began there was a general sense of “let’s try to get it over with now, if we can.” 

The issue was how much money the plaintiff would receive for injuries that may have resulted, in whole or part, when her SUV was hit by defendant’s on-coming car as he was admittedly distracted, and it drifted across the center lane. The accident took place out where suburbs are becoming rural as both parties were performing errands for their children. Good conditions, neither speeding.

For four mind-numbing  days we heard this sad story told in excruciating and conflicting detail. We listened to the parsing and re-parsing of voluminous, inconclusive medical records. For elusive reasons, the two opposing expert witnesses, not surprisingly, disagreed. 

There were long moments during the trial when the only sound was the rustling of pages as one of the lawyers searched through his notes. Defense counsel made numerous objections and highlighted every report that might possibly--possibly!--cast doubt on any aspect of the plaintiff’s claims. Her counsel bloviated shamelessly, casting himself as a plain-spoken advocate for all of us regular folk, whom he vastly misunderstood.

In the courtroom we were the audience, expected to behave, of course, with decorum. Stifle sneezes and yawns. Don’t talk, even whisper, barely move. Morning and afternoon breaks, and many waiting minutes before, and a little after, were spent crowded in the narrow jury room. There wasn't much opportunity to cut loose there, either.

Forbidden to talk about the drama that most obviously united us, we shared hobbies and vocations, mild family dramas, told how tall our kids are, any topic--really--for good natured small talk that ignored an immense elephant in the room. We were a pretty congenial bunch. Ten women and two men. Mario the Bailiff was our lifeline to the court, and we took his irony for comic relief.


[To be continued.]

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