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Jail term won't alter juror's defiant attitude [amazing stupidity]
Grand Rapids Press ^ | Friday, April 25, 2003 | Barton Deiters and Doug Guthrie

Posted on 04/25/2003 6:36:04 PM PDT by FourPeas

Jail term won't alter juror's defiant attitude

Friday, April 25, 2003By Barton Deiters and Doug Guthrie
The Grand Rapids Press


Every day, defendants leave the downtown court building to head to jail, but Thursday, it was a juror who went to the county lockup.

Brian Scott Lett, a 23-year-old Alto resident who failed to show up for jury duty earlier this month, was hauled before Kent County Circuit Judge Donald Johnston Thursday and found in contempt of court.

Lett was handcuffed and taken to Kent County Jail, where he remains today.

Lett failed to show up for three consecutive days of jury duty starting April 7, then left an obscenity-laced response on the court's answering machine, using the F-word to indicate that he had no intention of serving on a jury.

Johnston said when Lett came to court Thursday, he was abrasive and unrepentant.

"Basically, he said he was too busy to be bothered with jury duty, and he just had a terrible attitude," said Johnston, who said this was the first time he could remember locking up a potential juror for contempt in his 24 years on the bench. "This was the most egregious example of the complete reverse of a sense of civic responsibility."

Johnston said the three-day sentence is largely symbolic -- he could have sentenced Lett to 30 days -- but he hopes the Lowell High School graduate gets the message after his anger passes.

But at least as of Thursday night, Lett had not cooled down.

"I brought money expecting to pay a fine. I never thought I'd end up in jail," Lett said from jail. "It's unfair that they are locking someone up and keeping them from their work because the judge had a bad day."

He said he could not show up because he had no car and it would have cost him $40 to take a cab. He also had to care for his 1-year-old daughter and did not want to miss time at his maintenance job.

Lett's name was called, along with about 100 other Kent County residents, to report for duty at the Kent County Courthouse April 7-9.

When jurors fail to show up for court-appointed duty and court workers cannot reach them by phone to discover the reason for their absence, an order is issued for them to appear before a judge. The judge then is the one asking the questions at a show-cause hearing.

"Typically, the judge makes arrangements at the show cause for the person to serve and it's over," Circuit Court Administrator Kim Foster said. "There may be a fine here and there, but jail time is rare."

Johnston said he has chewed people out from the bench who did not show up and also given out fines.

Lett responded to written and telephone inquiries with two calls to the court, according to Circuit Court Jury Clerk Gail VanTimmeren.

Lett originally responded by leaving an obscenity-laced message on VanTimmeren's voice-mail. "We are willing to consider some reasonable requests for exclusion from jury duty, but we don't consider, '(Expletive) jury duty, bitch,' a statement we can work with," VanTimmeren said.

"We always try to be very solicitous," VanTimmeren added. "His responses were rather nasty. He was reached at his job and he said, 'I'm not coming in.'"

Lett claims he had no idea that his statement was being taped and he did not mean to direct the comment at anyone in particular.

VanTimmeren, who has served as jury clerk for eight years, said most people are hesitant about jury service at first.

"I've had so many tell me there weren't interested in duty until they did it," she said. "At the very least, they say it was interesting. They get a taste of government they haven't had since high school civics class. There's usually a sense of pride when they finish."

Johnston said he hoped Lett would learn the importance of jury duty -- a civic responsibility people have fought and died for.

"I hope next time he is called, he'll show up 15 minutes early," he said.

But Lett is not making the honor roll in this particular civics lesson. He said he would refuse to eat the "nasty" food in jail while he is there through Saturday.

He also said he had no intention of serving on a jury.

"Next time, I'm going to tell them I'm a racist mother------ and get out of it that way," Lett said.



TOPICS: Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Michigan
KEYWORDS: civicduty; contempt; juryduty
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To: Hoppean
When I was called for Jury Duty, I went. I quietly sat there and read Unintended Consequences. I wonder why I was not called?
121 posted on 04/25/2003 11:11:17 PM PDT by Petruchio (Single, Available, and easy)
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To: Hank Rearden
If you don't want to be on a jury, why should you?
Because the Constitution is everyone's responsibility, and the Constitution guarentees people a right to a jury.
122 posted on 04/26/2003 4:00:10 AM PDT by William McKinley (You're so vain, you probably think this tagline's about you)
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To: friendly; Beelzebubba
Our ancestors did not fight and die for freedom, that I should be exploited as part of a shameless fraud to enrich an unregulated, out of control lawyer industry.
Our ancestors did not fight and die so that there would be freedom from jury duty. As a matter of fact, in the time of the founding of our country, there was compelled jury duty. It has been part of our country since its birth:
Although we have no direct evidence, most men probably did not desire to serve as jurors.[72] At a time of difficult travel, few men would have cared to attend court sessions, and those who did probably were pursuing business interests from which jury duty was an unwelcome distraction. In short, there is every reason to think that eighteenth-century citizens avoided jury duty as eagerly as citizens today and that the chore was therefore distributed among as much of the eligible population as could be conscripted.[73]

72. Under eighteenth-century law, jurors were selected by one of several largely random processes: they were chosen by lot from a list of freeholders, elected by the voters of the jurisdiction, or summoned by the sheriff from among the bystanders at court.

73. The one available local study indicates, in fact, that between one-fourth and one-third of all adult males served on juries. See Nelson, Introductory Essay: The Larger Context of Litigation in Plymouth County, 1725-1825, in D. Konig, ed., Legal Records of Plymouth County, 1686-1859, vol. 1 (Wilmington: M. Glazier, 1978), p. 25.

One can also see reference to jury duty in the Calvin Jones papers, which include a letter he wrote about jury duty service back in 1803.

If the founders of this country thought that conscripted jury duty was an abomination, they had a funny way of showing it; they kept it in nearly all of the states.

123 posted on 04/26/2003 4:22:05 AM PDT by William McKinley (You're so vain, you probably think this tagline's about you)
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To: FourPeas
Where is the fine or jail time for the rude county employees that give you a harsh sneer when you try and ask a simple question about the process or how long it will take?

Where is the fine or jail time for the administrators of the jury system that keep you waiting for three days knowing from the first minute that you will not be selected?

And why should it cost this guy $40.00 out of pocket to come and serve. It sounds like he told them about the cost fo the taxi, the lost work, the issues of caring for his children and the court said, tough, sit here for three days or else.
124 posted on 04/26/2003 4:31:33 AM PDT by BJungNan
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To: Steel Wolf
Sure, he would have had to miss a couple hours of work, and spring for a ride to the courthouse and back.

A couple of hours? Surely you jest.

125 posted on 04/26/2003 4:35:36 AM PDT by BJungNan
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To: B-Chan
All this guy had to do was call the Clerk of the Court and explain his situation. Arrangements would almost certainly have been made.

Your dillusional, and I can prove it. Call the court at the numbers listed above. Tell them you have been called for Jury duty but that you can't make it and see if they tell you that you don't have to come in.

Be sure and let us know what they say.

126 posted on 04/26/2003 4:46:26 AM PDT by BJungNan
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To: Beelzebubba
Actually he could probably have gotten out of having to serve on the jury by talking politely and showing that it would cause him hardship to miss work or interfere with taking care of his child, it's much easier to get exempted by being polite. Instead he chose to be an a$$ and got slapped down and tossed in jail.
127 posted on 04/26/2003 5:06:19 AM PDT by tickles
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Our jury system an antiquated complete waste of time, and an imposition on my freedom. There are a few suggestions I have that would make it more palatable.

1. If I am unable (or unwilling) to serve when called, I should be able to pick up a phone and press "1" to opt out, without having another person determine if my reasons for not serving are valid.

2. I'd like to be able to serve on a jury remotely. Stream the trial over the internet, e-mail the court documents, etc. I'd render the same verdict. As a matter of fact, the verdict would be more true to the evidence, testimony and law, instead of external factors having nothing to do with the trial. (Bad coffee, frowning defendants, etc.)

3. Allow me to opt out of invasive jury questionaires without risking contempt of court charges. Most of the questions are none of their business.

4. Let me ask questions during the trial. It's a search for truth, not a show or a game. On that note, let ME decide what evidence I'll consider.

5. Hold the trial without me there, and then let me review the testimony and evidence. I can go through three days of trial work a day, thus reducing the amount of time I have to spend on it.

I've got a lot of other suggestions, but those will do for now.

128 posted on 04/26/2003 5:21:00 AM PDT by vollmond
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To: BJungNan
I can't speak for any courts but those I spent a lot of time in . . . metro Atlanta State and Superior Courts. (I was a civil trial lawyer - insurance defense - for 10 plus years).

Because I was a courthouse rat, many friends & acquaintances would call me when they received a jury summons, wondering what to do. If they had a legitimate hardship (self-employed, disability such as deafness that made it impossible to serve, sole caretaker for children or aged parent, etc.) I advised them to call the jury clerk and send a follow up letter. There must have been nearly a hundred people over the course of ten years who called me asking about this, and nobody EVER had to serve if they took the trouble to call and write a letter.

If it's just an "inconvenient time", without any true hardship, you can still call the jury clerk and asked to be "carried over to the next term". Lots of times, you never get called again.

In addition to the civic duty, public service aspects of jury duty, if anybody with a job can get out of service, do you really want unemployed idiots deciding tobacco suits, gun manufacturer suits, etc.? That would be a disaster. While a lot of folks here are citing anecdotal evidence, I was in the trenches for a decade, and I was VERY impressed overall with the jury system. There are occasional awful results (no system is perfect), but when you put twelve ordinary people from all walks of life in the jury box, it's amazing how often they get it right. And a remote-control system isn't the same . . . not only is a lot of jury work judging the credibility of a witness by his body language, tone of voice, etc., but there's something about the give-and-take of discussion in the jury room that gets down to the truth in a hurry. I've debriefed a lot of jurors after verdict, and my husband has served SIX times on both civil and criminal juries. They always elect him foreman (he says it's because he's the only one wearing a tie, but it's probably his honest face ;-D ).

Here's another problem that nobody has mentioned: jury pool challenges by criminal defendants. The rules about jurors showing up used to be much, much less stringent -- until a criminal defendant filed a lawsuit in federal court in Atlanta, claiming that he did not receive a fair trial because he didn't have a jury that was an "accurate cross section of the community", in part due to failure to update the jury pool regularly with voter reg lists, driver's license lists, etc., but also because excuses were granted too readily. The Feds issued a very detailed ruling which required regular updating of the jury pool AND stringent excuse rules.

So, as usual, you can trace some of the problem back to Federal Government meddling . . . :-D

129 posted on 04/26/2003 5:38:36 AM PDT by AnAmericanMother (. . . there is nothing new under the sun.)
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To: friendly
Vire dire = Anybody who is honest or sane is removed for the jury pool...Another post said "jury tampering"...Removed from or Added to...both fine comments about the justice system... :|
130 posted on 04/26/2003 5:52:16 AM PDT by skinkinthegrass (Just because your paranoid,doesn't mean they aren't out to get you. :)
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To: LittleRedRooster
This last year Titleist dropped the Tour Distance and that was the last wound ball they made, they dropped the Tour Professional the year before.
131 posted on 04/26/2003 5:55:30 AM PDT by LittleRedRooster
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To: AnAmericanMother
While a lot of folks here are citing anecdotal evidence, I was in the trenches for a decade, and I was VERY impressed overall with the jury system.

With all due respect (and sparing the lawyer jokes), your view was a working relationship from the inside. Certainly your interaction with the courthouse staff is/was not the same as what the general public have to endure. They see you every day and have to work with you. The public they see and treat as prattle.

Of course, I agree with your comments that people should serve - better to have qualified people deciding cases. My point was people selected for jury duty should not be put through the kind of abuse the led the guy in the article to go off.

Did the judge that threw him in jail make any kind of inquiry into the way the public is treated by his court. Of course not. He has to work with the court house employees every day. He is probably their hero now for throwing one of the ingrates into jail.

132 posted on 04/26/2003 6:00:45 AM PDT by BJungNan
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To: BJungNan
Perfect. A great observation. Jury clerks where I am (NY) treat people in a threatening manner, like animals.
133 posted on 04/26/2003 6:03:41 AM PDT by friendly
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To: vollmond
We have a winner: BEST POST IN THE THREAD!!!!!
134 posted on 04/26/2003 6:05:25 AM PDT by friendly
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To: Hoppean
>>>...were it a military draft they wanted him for than the jury--

I know of a guy who refused to be drafted during the Vietnam war. It finally came down to being drafted or going to jail.

He caved and reported for duty.

He flunked the physical.

135 posted on 04/26/2003 6:07:23 AM PDT by Dan(9698)
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To: BJungNan
My relationship with the courthouse staff was certainly cordial, but that isn't the case with ALL lawyers. There are lawyers that the clerks hate to see coming, because they know they're going to act like jerks (and we all know who they are. They act like jerks to other lawyers, too.)

While I had an "inside view", my husband most definitely did not. The judges and clerks don't know who you're married to (metro Atlanta is a BIG jurisdiction, and I don't think anybody at the courthouse ever met my husband in my company, and our last names are different.) He never had a problem getting carried over to the next term, just a phone call was enough.

Of course, part of the problem IS perspective. In a large county, the staff are just covered up with work, and they probably process hundreds of jurors in a morning . . . say you have 12 superior court judges, and maybe half of them have a trial calendar on any given Monday -- you have to have two pools of 24 for civil trials, and FOUR pools for criminal (lots more strikes for the defendant), let alone the high profile murder trials where they may get through eight or more pools because people have formed opinions about the case (it's not that a juror KNOWS about the case, it's whether they've made up their minds and can't let it go).

The clerks are people too, and having to move hundreds of people in and out of the courtrooms is tiresome work. When somebody is reasonably polite and kind to them . . . no problem. But when somebody says "f*** your jury b****" or words to that effect, it's bound to annoy them.

And thanks for skipping the lawyer jokes . . . I promise I've heard them all. I even tell them sometimes . . . have you heard the one about the doctor and the priest and the lawyer paddling in the life raft through shark infested waters? :-D

136 posted on 04/26/2003 6:18:42 AM PDT by AnAmericanMother (. . . there is nothing new under the sun.)
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To: BJungNan
And why should it cost this guy $40.00 out of pocket to come and serve. It sounds like he told them about the cost fo the taxi, the lost work, the issues of caring for his children and the court said, tough, sit here for three days or else.

SS He never stated those reasons from the beginning! He only did that after his other STUPID actions! If the ignotant idiot had told them he was a "hardship" case, he would have not been in jail NOW!

137 posted on 04/26/2003 6:29:28 AM PDT by sausageseller
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To: FourPeas
but we don't consider, '(Expletive) jury duty, bitch,' a statement we can work with," VanTimmeren said.

This is precious!
And rare.

A bureaucrat with a sense of humor.

138 posted on 04/26/2003 6:29:29 AM PDT by Publius6961 (Californians are as dumm as a sack of rocks)
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To: BJungNan
oh . . . I almost forgot.

If this judge had a habit of treating the public like dirt, this would NOT be the first time he jugged somebody for contempt over a jury summons. Bad judges do exist (I can think of two awful ones in my home county) but they have a pattern of high-handed behavior. They also get dealt with eventually - one of the two I'm thinking of was actually removed from the bench by the Supreme Court, the other was defeated for re-election.

I tracked down some information on this court. It's a fairly large one - county population 575,000, this is the general jurisdiction trial court and has a heavy caseload, and this judge is a former DA who's been on the bench since 1989. While ex-DAs do tend to run a tight ship, he's not a newbie who might throw the book at somebody when it wasn't really necessary, and if this is the first time he's done this in over ten years he's not suffering from "black robe disease".

I'll also note that this is the most egregious case of contempt I've ever heard of, aside from loony criminal defendants "acting out" in the courtroom and a few wild-eyed defense lawyers who like to bait short-tempered judges. I promise you that (at least around here) most judges treat jurors with the greatest respect -- that may be because we're in the South. But given this guy's totally intransigent attitude (even before the bench), the judge HAD to do something. Criminal contempt (in the direct presence of the court) has to be punished, or you just get more of it.

139 posted on 04/26/2003 6:32:46 AM PDT by AnAmericanMother (. . . there is nothing new under the sun.)
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To: AnAmericanMother
The clerks are people too, and having to move hundreds of people in and out of the courtrooms is tiresome work.

Certainly there are exceptions. There must be one nice courthouse employee somewhere.

In reply to your comment, their job is no different than any number of retail jobs I have worked. I must be nice to each and every person that comes in no matter how tiresome. Especially the ones that are in a bad mood.

It should be no different for the courthouse employees. But of course it is, as your making excusese for them shows.

And one of the reasons it is different for them is because the courthouse employees know the judge will throw the the &%#$@%$#@'s in jail if they get out of line.

140 posted on 04/26/2003 6:34:04 AM PDT by BJungNan
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