Posted on 07/17/2008 12:56:53 PM PDT by buccaneer81
Woman gives judge earful, lands in jail Obscene outburst nets Sarah Muller contempt charge in jury selection
By Suevon Lee Star-Banner
Published: Tuesday, July 15, 2008 at 6:30 a.m. Last Modified: Tuesday, July 15, 2008 at 5:35 a.m. OCALA A Summerfield woman said she blurted without thinking a couple choice words for a county judge during jury selection at the Marion County Courthouse Monday morningones which had landed her in jail by the end of the day.
ALAN YOUNGBLOOD/STAR-BANNER Sarah E. Muller comments on her case during an interview at the Marion County Jail.
click to enlarge Judge R. James McCune, Jr. listens to attorneys in 2006 in Summerfield. Jannet Walsh/Star-Banner/File
Sometimes I get upset and I say things, Sarah E. Muller said during an interview with the Star-Banner at the Marion County Jail Booking Center late Monday afternoon. I didnt know I would go to jail for freedom of speech.
Faced with the prospect of serving as a juror and upset that County Judge R. James McCune Jr. denied her request for dismissal, the 23-year-old insulted the presiding judge by calling him a two-syllable curse worda crude term referring to the anus within earshot of several of the other 178 potential jurors seated in the Jury Assembly Room.
When the judge asked Muller to clarify her remark, Muller repeated it. He charged her on the spot with direct criminal contempt of the court a second-degree misdemeanor and Muller was promptly handcuffed by a court bailiff and taken into custody.
At a hearing later in the afternoon, McCune sentenced Muller to three days in jail and ordered her to pay court costs and fines.
I was very upset that my excuse that I needed to go to the doctor was not as good an excuse as a lie, she said later, referring to the judges decision to dismiss a woman standing ahead of her in line. If that woman, Muller argued, could escape jury duty by claiming she did not speak English well, how come she couldnt be removed for health reasons?
She had come to court alone that morning, she said, severely irritated that she had to spend money on gas getting there, rather than the clinic to apply for Social Security disability.
Muller, who is unemployed, said she was born with a leaky valve in her heart and has had four previous heart surgeries to treat it.
I cant waste my money on gas to come [to court] and be able to go to the doctor at the same time. Gas aint cheap, she said.
Muller is even more broke than when she arrived at court: She owes the court $50 and the Public Defenders Office $183 for the brief counsel Assistant Public Defender Hisham Shanawany provided at the hearing.
Muller was the first to hop in line to ask that she be excused by the judge following qualifications Monday morning.
She cited poor health and the need to visit a doctor.
Finding no urgency in her situation, McCune denied her request for dismissal and ordered her to take a seat with the rest of the jury pool.
That did not deter Muller, who re-entered the line and this time, threw in the claim that she was a racist, in efforts to cast herself as someone unable to be a fair and impartial juror.
I just didnt want to do jury duty. Thats the best excuse there was, Muller said later.
McCune denied her dismissal once again, at which point Muller insulted him.
During the hearing, McCune called two witnesses to testify about the incident: Deputy Clerk of Court Tonja Leek-Snyder, who was seated beside McCune and witnessed the entire exchange, and bailiff Larry McLemore, who had arrested Muller.
How in the world did you think that running your mouth in such a foul, profane way would be appropriate in court, of all places? McCune asked Muller. Did it even dawn on you that you were already here and you might as well make the most of it?
Muller apologized to the judge as tears streamed down her face.
Im very sorry for calling you that. I did not know it was illegal, and I did not mean to cause disrespect, she said.
Muller added that cursing was a very bad habit of hers and that she was feeling upset, sick, and very broke.
Im very poor, and I barely have any money at all, she protested. I do not appear to be sick, but I am internally sick.
On her charge, Muller could have faced up to six months in prison and a $500 court fine.
Muller was sobbing as she was led away to be fingerprinted following the judges sentence. When she turned back to face the judge, who remained seated at the bench, his hand cupped in his chin, she asked: Is there any bond for that?
No, McCune replied.
I really wasnt trying to make him look like a fool, Muller said later. If anybody looked like a fool, it was me for saying it. But it dont matter now, because he already put my ass in here, she said.
As for advice to others trying to avoid jury duty who dont want to end up in jail, she advised: Dont say any cuss words at all. Maybe even damn will get you kicked out.
Suevon Lee can be reached at suevon.lee@starbanner.com or 352-867-4065.
I’ve never been in the position of having to call off of jury duty. haha.
Neither has my wife.
We’ve both been called multiple times in 18 years (which actually begs the question for me, did they MISS some folks and get me several times? In 18 years I’ve been called something like 8 times now, and my wife 5 or 6)
“That did not deter Muller, who re-entered the line and this time, threw in the claim that she was a racist, in efforts to cast herself as someone unable to be a fair and impartial juror.
I just didnt want to do jury duty. Thats the best excuse there was, Muller said later.”
“I had jury duty, and I wanted to get out if it, so they told me to write something racist on the jury form like “I hate Chinks,” so I’d get excused, but I didn’t want to be hateful, so I wrote “I like Chinks.”
Let me get this straight — This woman is 23 years old, broke, unemployed and applying for Social Security disability because of a (supposed) heart ailment. Yet, she has the strength to stand in line (twice) and the temerity to curse at a judge. Sorry, no sympathy here. Get a job!
I served in the military for six years at a time when we had an all-volunteer service. I've also served on two juries, one of which I was a foreman.
I've served enough time to satisfy anyone's sense of so-called civic responsibility.
I can understand exemptions for lawyers and judges. Those types of people bring a lot of personal relationships and prejudices into the situation which could adversely skew the results.
It's contradictory to say a judge cannot be impartial on a jury, but can be when they adjudicate a case.
I can even understand exemptions for certain professionals whose skills are required elsewhere where it may be a matter of life and death such as Doctors and Surgeons.
That's why they have alternate jurors who sit through every minute of the case.
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