A Jury of Our Peers

CHAUVIN’S – – AND OTHER JURIES

Twelve of our fellow citizens quietly did their civic duty in Minneapolis. Beginning March 29 and ending April 20 they listened to more details of a terrible crime than most of us could handle. They debated among themselves for what had to have been one very long day before delivering the verdict that former police officer Derek Chauvin was guilty of murder.

Sometimes the system works.

I would not have traded jobs with one of those jurors for any 5 minutes of the weeks they gave up to be good citizens, but I appreciate them beyond measure. And I am somewhat in awe of their simple ordinariness. Despite all the pundits and politicians and earnest activists laboring for justice, in the end it was the hard work of twelve committed citizens that offered this small celebration of democracy at work.

They were: A 20-something white man, a chemist. A 20-something woman of mixed race with a policeman uncle. A 30-something white man, a financial auditor. A 30-something Black man who immigrated to our country 14 years ago. A 50-something white woman, a health care executive. A 30-something Black man who writes poetry and coaches youth sports. A 50-something, motorcycle-riding white woman. A 40-something Black man who lives in the suburbs. A 40-something multiracial woman who works as a corporate consultant. A 50-something white woman, a nurse who’s worked with Covid-19 patients. A 60-something Black woman, a grandmother who said, “I am Black, and my life matters.” A 40-something white woman who works in the insurance industry. A 50-something white woman who volunteers at homeless shelters. And a 20-something, recently married white woman, a social worker. Any one of them might have been you or me, and I wonder if we’d have done as good a job. Or if we’d have found a way to avoid giving up a month of our lives for this job.

Over my very long life of trying to be a good citizen I’ve been in countless jury pools and served on a dozen or so juries in Virginia, Georgia, Florida and California. Never one deliberating anything like this. I did serve on one murder jury at which I found myself weirdly sympathetic to the defendant. He said he didn’t mean it, it wasn’t his fault. But I’m afraid the guy did commit murder and in the end we reached a unanimous conclusion to that effect. He went to jail for many years but I suspect he’s out by now. Most of the cases I heard, on one jury or another, had moments of boredom beyond belief, usually thanks to attorneys who seemed enamored of the sounds of their own voices, but I never dozed off. I fudged a little once to escape the jury pool for a corporate case that was predicted to last six months. I was so furious about those corporations ready to disrupt the lives of all those good citizens over an issue they should’ve settled themselves that I could not have remained objective about anything.

Armand Roy for Pixels

Almost exactly ten years ago I wrote a blog about what turned out to be my final jury experience. The attorneys were making their final pitches to a whittled-down group from which the jury was being chosen.

Here’s what the deal seemed to be: A woman had been abused by a guy. It wasn’t rape; it seemed to be everything else. Kidnapping with intent to commit rape. Attempted rape. Even attempted arousal for purposes of who knows what. The trial, if the judge’s overview was any indication, would turn on who you believed, and how far is too far. In the 1950s, when I had my own trials (physical/emotional, not judicial) with date rape/workplace rape of this exact sort, women had little power and less choice. Today it can come down to who has real power and who has real choice. Did she really go somewhere with him willingly? Did she say No? Did he listen?

Sorry guys, unless she’s 6′ tall and outweighs him by 40 pounds, I am going to lean toward the lady. What I wanted to say was: “You do not want me on this jury.” Handily I was caregiver for a disabled husband; I begged hardship exemption. Because I soon aged out of the Report-for-Jury-Duty lists, that was my last chance at this particular exercise of good citizenship.

But thank heaven for the good citizens who gave up a month of their lives to form a jury of Derek Chauvin’s peers. As for their decision, “I don’t see how it could have been otherwise,” one observer famously remarked, “but I know it could have been otherwise.”

Can Love & Prayer Save 2 Small Boys?

My friends Susan and Andy Nelson threw over successful careers (his in law, hers in corporate America) some time ago to join the foreign service. They spent two years in Managua, Nicaragua, two years in Hanoi, and are now representing our country — the very best of our country — in Delhi, India. Susan posted the following on her Facebook page recently. It’s been tugging at my heart every day since; I hope it will tug at yours:

 

Image may contain: 2 people, people smiling, people sitting and food
Chandan and Nandan

Last Friday we received the devastating news that the High Courts of India decided to reunite these two beautiful boys with their physically abusive parents, for a one month trial. Our family sponsors Chandan and we do monthly play dates at the children’s home where they live. The father is out on parole after serving a shorter than expected sentence for murder. And the mom is violent, threatening, and unrelenting in her struggle for power. The boys were forced by their parents to beg as street dancers, like trained monkeys, which is what led to their rescue and move to the children’s home two years ago. The parents will be back in court on Nov 14, fighting for permanent custody. If they win, these kids will slip through our fingers – likely forever. Between now and Nov 14, Andy and I are trying to do anything we can to influence the Court’s decision that day. We’ve reached out to lawyers, reporters, clergy, friends, child welfare advocates, even a Nobel Peace Prize winner – and now I’m reaching out to you. I believe in the power of prayer. And even if you don’t, hopefully we all believe in the power of LOVE. Please shine your love and light into the world for Chandan and Nandan – every day, several times a day, when you lay your head down on your pillow each night, when you wake up and have your morning coffee….PLEASE!

Image may contain: 3 people, including Susan Johnson Nelson, people smiling, people sitting, people eating, table, child, food and indoor
The Nelsons with one Nelson son & his playmates

Please keep these boys in your heart for the next 3 weeks – and send love to them, to their parents, to the courts, to the children’s home where they are loved and where they were safe, to the child welfare watchdogs….to everyone involved! Our love can influence this decision on Nov 14. I believe that. Andy and I are working every angle, chasing every lead or creative idea we can think of, here in Delhi. If you could do the loving part – HARD – we would be forever grateful! Please don’t stop!

 

Seems like prayer, if you’re into praying, and hard loving wherever you stand on prayer,  are easy things to do.

Journey to Justice: 1300 Miles by Bicycle

DreamRider group
Jung Woo Kim and some of his fellow Dream Riders

Their stories are about growing up in immigrant families, with parents working long hours six and seven days a week and very young siblings resolutely looking after each other. But their focus is on the future – a better future for people everywhere. Humankind.

A dozen young immigrants – Dream Riders – are sharing their stories, and their hopes for the future, as they bike from Seattle to San Diego on a Journey to Justice, part of the Citizenship for All campaign. The support van traveling with them carries the usual – First Aid supplies, water, energy bars – and one not so usual essential: a lawyer. That’s because eight of the riders do not currently have legal status and their route is filled with pitfalls like immigration checkpoints. If they’re stopped they follow this protocol: Keep calm and quiet. Don’t consent to being searched. Call the lawyer.

DreamRider Bo Thai
Dream Rider “Bo Thai” talks of hazards & inspiration

The group stopped by Calvary Presbyterian Church in San Francisco recently for breakfast and a brief press conference. Hearing their stories, and the stories of some supporters, was a reminder of how lucky America is to be a nation of immigrants – especially with immigrants like these still wanting to become citizens despite the hurdles and hostility they face.

Mi Jin Park, currently protected by DACA, spoke eloquently of being at school with her brother when they were 5 and 7, in a crowd of children waiting for permission to leave with their parents. Park would tell the teacher in charge that she and her brother had to meet their mother on the corner – and then the two would run all the way home, to their tiny apartment in a sometimes scary neighborhood. They would lock the door and look after each other. Her brother would constantly call the nail salon where their mother worked long hours six days a week, just to hear her voice and ask when she would be home. “When I think of those immigrant children now being separated from their parents at the border . . .” Park began . . . but she couldn’t finish the sentence.

DreamRiders-Joann
Calvary Pastor Joann Lee welcomes the Dream Riders

Some of the Dream Riders and their supporters entered the U.S. via harrowing journeys through deserts or wading across the Rio Grande river in the middle of the night. Some came long ago on tourist visas and simply stayed. It was very hard to meet these bright, funny, energetic young people and go home to PBS NewsHour’s report of the latest characterization of “illegal aliens” by some leaders of our country.

The Dream Riders are being sponsored by NAKASEC (the National Korean American Service and Education Consortium,) HANA Center, nd the Korean Resource Center. Any of them would welcome your support.

What do they want? Just a chance to live freely and to contribute to their community. (NAKASEC works for, among other things, Youth Empowerment, Education Access and Adoptee Rights.) What precepts do they follow? Live Right, Know Your Roots, Live Strong, Live Together.

The framers of the Constitution couldn’t have put it better,

Gun Rights? How About No-Gun Rights?

This column is about guns, and the fact that I do not like them.

Guns1I wrote about all this once long ago, on the late lamented news aggregate site True/Slant, and the vitriol that landed upon my page in response made me very glad that my T/S readers didn’t know where I lived. I mean, it was if the NRA had put out a worldwide hit on me. I’m now counting on the belief that most of my current readers are kinder and gentler – since you can sure find out where I live if you don’t already know. And I’m satisfied that most of my angry T/S readers long ago quit following this blog. We’ll see.

What has my dander up is the recent ruling by the 9th U.S. Circuit Court of Appeals that somebody’s right to carry – and show off – guns in public overrides my right to live in peace without having to worry about people swaggering around with their guns in my face. Say what?guns2

I have a lot of gun friends whom I love and admire. They use their guns to hunt legal game, and I think that’s good and proper. As far as I know, none of them feel compelled to strut around their local Starbucks with pistols on their hips.

My dislike of guns could be more correctly defined as fear. I’m not afraid of guns in the holsters of law enforcement officers, believing that their carriers are properly trained (and having grown up white I never had to fear police.) I’m just afraid of guns on the hips of unknown macho guys. If they’re swaggering around at Starbucks, I will definitely throw up my latte. Do I not have ANY right to drink a latte in public without throwing up?

Guns3When I was a child of about 12 someone broke into our home – well, nobody locked their doors in Ashland, VA in 1945 so he probably just opened the door and walked in – and made his way to the second-floor bedroom of my oldest sister Jane, who let out a mighty scream. The intruder left multiple hand prints on the newly painted walls as he swiftly descended the stairs (and left by another door.) But by the time the Richmond police arrived they pronounced the fingerprints too dim to be of use, so our nocturnal visitor was never identified. My family (4 girls + parents) that night morphed from 6 people in five beds to 6 people in two beds – Jane in between my mother and father; the other three of us in one double bed. (It took us several weeks to expand back into our individual beds.) The next day, our father bought a gun. It went to reside on a shelf in the closet of our parents’ bedroom. We all knew where it was; once or twice my sister Mimi and I stood on a lower shelf and looked at it. But instead of making us feel safer and protected, the thing created more fear. Despite all his stories about working on somebody’s ranch in Texas as a boy, my sisters and I (and our mother, I regret to report) feared our father’s probable ineptitude with a gun more than we feared another intruder. We had belatedly also begun to lock the doors. All five of us – mother + 4 daughters – also feared the fearsome instrument on the closet shelf more than we feared anyone who might be confronted by it. Overruled by us all, my father soon (I think it took less than a couple of weeks) took the gun back to wherever it came from.guns4

I had one more encounter with a gun. Working as a reporter for local newspapers in Decatur, GA in the early 1960s, I was convinced by some misguided other newsperson to go to a shooting range, in conjunction with some sort of story. The people there convinced me everything was just fine and I would see how easy it was to hit the target. Eventually I fired the stupid thing, and the noise, jolt and whatever nearly frightened me to death. I probably missed the target by more miles than was ever before known.

I submit the above only as argument that people who fear guns should have SOME rights to balance whatever the “Open Carry” (read: people who want to strut around showing off their representative lethal weapons) Second Amendment rights purportedly are.

Guns5 You need to swagger manfully around with a pistol on your hip? Fine. Swagger somewhere else – like, on a shooting range. Just stay out of my Starbucks. All I want is to drink my latte in gun-free peace.

Take that, Ninth Circuit. I only wish you would.

Women, Abortion Rights & Willie Parker

Dr. Willie Parker
Dr. Willie Parker

Noted physician/activist Willie Parker was in San Francisco recently explaining why he does what he does.

What Willie Parker does is regularly put his life on the line in behalf of poor women and their reproductive health. Why does he do it? “It’s the right thing to do.” Among other things Parker does is to fly regularly into Jackson, MS to provide abortions at the one remaining clinic where Mississippi women without power or resources can go for this constitutionally-protected health service.

His belief that it would be morally wrong not to help the women who come to him, Parker once told this writer, was rooted partially in a sermon Martin Luther King, Jr. preached on the good Samaritan (who stopped to help a stranger after others had passed him by.) “What made the good Samaritan ‘good’ was that instead of thinking about what might happen if he stopped to help the traveler, he thought about what would happen to the traveler if he didn’t stop. I couldn’t stop to weigh the life of a pre-viable or a lethally flawed fetus against the life of the woman sitting across from me.”

Parker headlined an event celebrating the 43rd anniversary of Roe v Wade that was organized by Carol Joffe, PhD, of the University of California San Francisco’s Bixby Center for Global Reproductive Health – and which quickly sold out.

“Most (abortion) providers keep a low profile,” Joffe said in her introductory remarks; “but Willie has chosen to be very public. (Despite his multiple degrees and honors, everybody seems to call Dr. Parker ‘Willie.’) He is building bridges to the past and to the future.” Joffe went on to speak of Parker’s connections to progressive causes, faith communities and, most recently to the Black Lives Matter movement. “What he is doing,” she said, “helps all women to live lives of dignity.”

Parker, who treats the issue of personal danger as not worth his time to worry about, calls the anti-abortion efforts “domestic terrorism,” especially with the murder of providers. The incessant efforts to overturn Roe, and passage of more and more unnecessary state laws making abortion inaccessible for women without power or resources are, he maintains, in the same “domestic terrorism” category.

The author with the doctor
The author with the doctor

So in return Parker says he tries to “radicalize” every young woman he sees in Mississippi. Since the state mandates he spend time with her, unnecessarily and repeatedly, before allowing her to have the abortion which is her constitutional right, Parker considers it only fair to put that time to best use. “I tell her, ‘these people who are trying to close this clinic – they don’t think you’re smart enough to make your own decisions.’ And I explain change will only happen if she fights for it. Then I tell her to go vote.”

All of which helps explain why Willie Parker does what he does. This writer is among the uncounted others, women and men believing in humanity and justice, who give thanks.

 

 

Jury Duty: the Good Citizen job

Jury summons

The dreaded envelope arrived. Superior Court of California, County of San Francisco:

You are summoned for JURY SERVICE (capitalization theirs) during the week, and at the place indicated below. Please read the entire summons entirely…

Who has not received – usually with a little dread – that windowed envelope? Because it means a day, or a week, or a month or more of your life has just been appropriated for Citizenship Duty. That is, after all, what Jury Duty is all about: being the Good Citizen. Doing what you can for the greater good of your fellow citizens.

Actually, I have always loved jury duty. Over the years, my jury duty experiences have ranged from the sublime to the ridiculous.

There was the sweet young thing who scammed a few dozen friends and relations out of a few thousand dollars each, and wanted us to believe she really meant just to make everyone rich and didn’t understand why anybody was mad at her. The unanimous vote to convict came by about the time we got seated and organized.

There were times we deliberated to the point of exhaustion, and times I wondered if a better lawyer would have had us voting differently. There were plenty of times I spent a day or two and wasn’t chosen for duty; usually with a great sense of relief.

There was the time, in a jury pool for a domestic violence case, when the defense attorney introduced his spiffed-up client, and addressed the pool: “There could be implications about Mr. Smith… that he had a few glasses of wine…” The attorney smiled knowingly at us, wanting to be sure we’re all grown-ups and what’s a few glasses of wine after all? I was tempted to say, “Man, don’t give me that bull. You don’t want me on this jury, I will so fry your client.” But I asked to be excused, saying I felt personal bias would make it difficult for me to remain open-minded.

jury-selection-1

The only other time I asked to be excused was when the case involved two corporate entities and some sort of asbestos issue. The judge told us at the beginning that it could run six months. Six months? A couple of corporations wanted 12 citizens (plus alternates) to give up six months of their lives to settle something they should lock their lawyers into a small room to work out? I was beyond irate. The judge invited anyone who felt jury service would be a hardship to come to an adjacent room; virtually the entire pool rose. Uncertain what exactly I would say I began, “My brother-in-law is a chest physician…” and that was as far as I got. “Excused,” said the judge, without looking up. I wasn’t actually very sure where I was going with that explanation, but apparently the judge just wanted to get it over with. I felt sorry for him.

But that’s the way the system works. Good people go to law school, get to be judges and have to sit through all this. More good people give up their time to try to find justice for other good people and perhaps a little justice for the bad guys while they’re at it.

For now, though, I’m opting out. This presents a problem, since apparently you never age out of jury duty and there is no excuse box for Overwhelmed.

One can opt out if under 18, not a citizen, or if one has been convicted of a felony or malfeasance in office. Or if one has a physical or mental disability. None of the above quite worked for me.

At the bottom of the opting-out section, though, I discovered one can be excused if one has a full-time, non-professional obligation to provide care for a related disabled person and alternative arrangements are not possible during court hours. (California Rules of Court, rule 2.1008.)

At last. A reward for the caregiving business. Does caregiving equate to good citizenship? One hopes.

It was — 1933 — a very good year

Ruth Bader Ginsberg
Ruth Bader Ginsberg

Ruth Bader Ginsberg is too old? Perhaps she should consider stepping down from the Supreme Court?

These suggestions were floated more than once in the Q&A session after a recent Commonwealth Club talk by University of California Hastings Professor of Law Scott Dodson. Dodson is the editor of a newly released collection of essays, The Legacy of Ruth Bader Ginsberg, whose writers suggest nothing of the kind. Contributors to the book, and Dodson himself, focus instead on the significant contributions made thus far by the 82-year-old justice, and the impact she continues to have on jurisprudence and on life in the U.S.

Dodson was drawn to write about Ginsberg because he “kept encountering her clear and consistent opinions” and wanted to create an objective view of her legacy – notably including gender discrimination, as in the case that ended Virginia Military Institute’s male-only admission policy, and racial discrimination, as in the voting rights case Shelby County v Holder. In the latter case, Ginsberg famously wrote that throwing out an anti-discriminatory measure as no longer needed “is like throwing away your umbrella in a rainstorm because you are not getting wet.”

As New York Times columnist Gail Collins wrote several months ago: Ruth Bader Ginsberg has no interest in retiring.

Carol_Burnett_1958
Carol Burnett in 1958

Several days before the Dodson talk, David McCullough, 82, spoke at another San Francisco event in conjunction with his most recent book, The Wright Brothers. McCullough did not go into detail about his next project, but gives every indication that he is a writer with no interest in retiring.

Meanwhile in Texas, Willie Nelson, 82, has another concert coming up, and the next show planned by Carol Burnett, 82, is almost sold out.

This writer may not have anything else in common with Ruth, David, Carol and Willie, but we take what we can get. 1933 wasn’t a bad year to be born.

 

John Paul Stevens: 95 & Going Strong

John Paul Stevens

Retired Justice John Paul Stevens, a man of many accomplishments, comes across as a man of few regrets. The latter might be summed up in two words: Citizens United. His regrets over that controversial 5-4 decision, handed down just months before he left the Supreme Court, are strong, and many.

Stevens, who turned 95 in April, appeared recently at an event in Washington DC co-sponsored by the Alliance for Justice and George Washington University Law School. Introduced by AFJ President Nan Aron, Stevens was interviewed by Slate senior editor Dahlia Lithwick and Washington Post opinion writer Jonathan Capehart.

Stevens demurred on several issues such as the benefits or evils of social media and citizen journalists: “I’m not a good person to ask about that.” But on most points he was crystal clear.

Re political candidates having “a litmus test” for potential Supreme Court nominees? Even as to Citizens United, “it’s a bad idea. But the (Citizens United) case should be overruled.” Throughout the interview Stevens referred to the case as bad for the country and the future, and damaging to the basic principles of democracy, “which should be ‘one person, one vote’ and not (decisions hinging) on a bunch of money.”

Asked by Capehart why he had changed from the conservative he was considered when first named to the bench to his later identification as a liberal, Stevens said, “I didn’t change, the Court changed.” Every member appointed from 1981-91, he pointed out, was more conservative than his predecessor.Scales of justice

On electoral reform, another issue Stevens sees as imperative, he said “some things can be done at the state level. The right to contribute (to campaigns, etc) should have some geographical boundaries. Excessive photo IDs have never made sense.”

Stevens, in response to a question from Lithwick about “bombast and aggressive, ideological arguments” in the Court, said that “ideology is not good. That’s one reason I am against televising arguments, which would have an adverse impact on the deliberating process. I believe firmly in people knowing the institution, but not if it has an adverse effect on the institution itself.” Possibly because some member might be a camera hog, Lithwick interposed? “Any one of the nine. And I would include myself.”

Talking briefly about interactions among the justices, Stevens – known to have had a close relationship with conservative Justice Antonin Scalia – gave the impression that the Court does indeed function as intended. “I think John Roberts is a very good Chief Justice,” he said. “He executes the duties of Chief Justice well, although I disagree with some of his decisions.”

Stevens recalled stumbling over a few words while giving his dissent in Citizens United. “I said to myself, ‘You’re not as articulate as you were.’ And that’s when I stepped down.”

Fielding questions five years later, the renowned Justice showed no problem articulating his thoughts. Including the need for electoral reform – and the need to overturn Citizens United.

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