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To: lapizlazuli
I could not have voted guilty, had I been on the jury

  I could have, which is somewhat disturbing, since I doubt that he did it. But just try putting yourself in the jury's shoes.

  First off, they didn't get to see all the extra information we got - all the stuff that was excluded from the trial, as well as plenty of additional discussion and sources. To take a single example, we poured over the mummification evidence presented by the anthropologist, and pulled in dozens of other articles as well. If I'd only had the court expert's testimony to go on, I'd probably be confused over the issue. It took a fair amount of additional work - mostly provided by other people on the list - before I thought I understood the process there. The jury did not have access to that.

  Second, they did have access to the media. While I suspect they tried to keep to their oath, and not research the case on their own, I am certain they did see some news about the case in passing. The vast majority of news sources were very convinced of Westerfield's guilt, and I have to think the jury realized this. If I thought every one else believed Westerfield was guilty, I'd begin questionning my own doubts, and wonder if there was something obvious I was missing. This is, I'd say, backed up by the fact that the jury twice requested they be sequestered. They probably recognized the same thing in themselves - which, I grant, speaks highly of them, and actually mitigates the whole point to some extent.

  The final thing, and the one that would likely sway me, is the sheer amount of pressure. The jurors were known, and especially after the Samantha Runnion case, they had to know just how much they would suffer if they'd found Westerfield not guilty. There was little doubt but that they personally would feel repercussions, and possibly even vengeance. Yes, some people will stand for what they believe even against that. But, if you're divided - not sure one way or the other - the consequences to you can certainly push you towards conviction.

  Knowing what I do, I think Westerfield was not guilty. But, putting myself in the jury's shoes, I really don't know which way I'd have voted. It's not a pleasant thought.

Drew Garrett

1,734 posted on 09/04/2002 8:54:19 AM PDT by agarrett
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To: agarrett
agarrett, I couldn't agree more with what you say.

So, how can this get changed for future cases? Or, maybe even more importantly, this one?

JLO
1,770 posted on 09/04/2002 6:59:23 PM PDT by JLO
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