waiting in the jury assembly room, approximately 3:00 PM, Tuesday, October 28, after not being selected for a case:
My fingers are numb again, toes cold inside thick socks and boots. Ever given plasma? You know, when they drip the bag of saline into your blood, to rehydrate your body after a whole bottle of plasma has been pumped? Saline so cold your forearm burns. Right where the needle sticks in, it aches like arthritis or the dull blue of a winter day, a sinus headache, except in your arm. Your muscles tense hard, shivering. Room temperature blood. That's how my whole body feels, right now. The judge says there's a mic in this room, connected to a hard drive, that records every whisper, every tap, every cough and sniffle and sworn statement. I wonder what the room tone sounds like? The room tone of a court without people. Without a jury. Without a case. That might be interesting. I wish I could hear it. It might calm me down. Instead, I have to answer the list of questions. A laminated list of questions, passed around the room from juror to juror - or, I should say, potential juror to potential juror. None of us have been selected yet.
These are the questions we must answer. No choice not to answer. We're under oath to tell the truth. What is your name? Where do you live? Your occupation? Who do you live with? What do they do? Have you ever been the victim of a crime? If so, what kind of crime? Have you ever been involved in court proceedings? Have you ever served on a jury? If so, for what kind of case? Twenty people until it's my turn. I am going to have to tell them about assault. Identity theft. Rape. I am going to have to say this in front of thirty strangers, counting the attorneys and judge. I don't know if they'll ask for more information. The case is a felony. It involves a gun. Can I be fair and balanced about a gun?
The state's only witness is a police officer. Later, the prosecutor will ask if we have any reservations about law enforcement. She will also tell us about circumstantial evidence. "If you open your door in the morning, and the ground is covered in snow," she will say, "that is circumstantial evidence that it snowed. If you actually watch the snow fall, that is direct." She makes a point about Law & Order, the television show, and how defense teams complain about circumstantial evidence, and how that isn't a fair complaint. I know what she means. I can be fair about that. If you wake up the day after a rape, and you feel a dull ache and burn between your legs, and every inch of your skin is scratched red from being scrubbed the night before, and you feel a vast gulf between mind and body, like maybe you never lived inside your own skin at all, and you just want to die, that's circumstantial evidence you were raped. If you remember back to last night, when you witnessed the theft of your own body, and realized he was also taking your mind, and you fought and fought so he couldn't take your mind, too, then that is direct evidence. You were there. You know. Can you be fair and balanced about that?
It turns out I only have to say assault. No one asks for more information, and I am relieved.
The lawyers make their peremptory challenges, and the process is both mysterious and simple. The defense asks us, Have you ever held an opinion that was a minority opinion, and that others made you feel uncomfortable for holding? Did you stick to it, anyway? Answer no to that question, and you're removed from your jury seat, replaced by someone else. I also notice most of the women are replaced. Felony gun case.
-----------------------------------------------------
waiting in the jury room, approximately 7:45 AM, Monday, October 27, just before orientation, on the first day of jury duty:
When you were a teenager, you had a friend who picked clovers and tore one leaf in half, so he could claim it was good luck. But you knew better. You knew that four-leafed clovers are good luck because they break a pattern in nature. They do not follow the fibonacci sequence. Back then, you thought that was the only example. What does that mean about luck? Are we afraid of the pattern and look for the exception? Or do we like it when nature breaks free from itself? Why do we despise the same deviations in people? The crooked jaw, the too-large nose?
Later, you learned that only ninety-two percent of plants follow the pattern (ninety-two percent of plants with spiral phyllotaxis, that is). And this, it turns out, is the key. The rule is not a rule. You have to change your definiton of luck. Either that, or stop looking for patterns.