Jury duty how u would decide this simple case- this isnt 1 of my bs threads

Last post made 12 years ago by blueday
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  • gunnylab
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  • For 13 years every now and then my 2 week jury duty comes into my head.  I am giving the background of my time there then I am asking your opinion on a case I was alternate juror on.  I am sad to say I never found how my fellow jurors decided the case and its driven me crazy many years later.

    In 1998 I reported to the courthouse to start my 2 weeks of jury duty.  I was part of a pool of 120 people and the odds were I wouldnt end up on a jury.  I filled out my personal profile for the courts.  The 1st 3 days I reported and got excused so off to work I went.  On Thursday I got picked as a possible juror.  I was 1 of 20.  I was juror number 7.  As it turned out it was a medical malpractice case.  My jaw dropped when the judge explained the case before we were to be questioned by the attornies.  The judge said the case was against a surgeon that performed heart surgery on a 95 year old woman.  She died on the operating table.  The family was suing for $5 million dollars.  I said to myself this is f'ing crazy.  Back then I was a serious professional 30% of the time.  Next the attornies met with the judge then the judge announced to us jurors the attornies dont have any questions for the jurors.  I said wtf I was number 7.  The judge asked the jurors if there was anyone who couldnt sit on this case.  Juror number 2 raised her hand and gave some reason and she was excused.  My heart started pounding then I raised my hand.  I said, your honor I mean no disrespect to you, the plantiffs and the attornies but this is the most ridiculous malpractice case I have ever heard of.  She was 95 years old god rest her soul.  The judge asked me if I could decide the case on  the laws of The State of Ohio.  I told the judge no because of common sense.  I was excused.  That killed day 4.  Friday I was excused so instead of going to work off to the casino I went.  God caught me as my company cell phone rang.  I got off the casino boat and called work.  I had to leave the casino to handle a problem at work.  On day 7 I got picked for another jury.  I was juror number 14 I think.  I wanted this case because juror number 3 was a very pretty blond in her mid 20's not wearing a wedding band.  The following was the case and how would u decided it.

    We walked into the court room and this time i knew what 2 expect.  The judge walked in and my jaw dropped.  Here it was my divorce judge that moved up to common pleas court.  I knew he was a very good judge, heck he kicked my wife out of the house in the middle of our divorce.  He looked us juors over and I gave him the biggest smile.  Heck, I spent enough time in front of him over a 2 1/2 year period.  The attorney and prosecuter did some major questioning of some of us.  No one was excused and here i was alternate juror number 2.  This was a DUI case.  This guy who looked around 26 or so was being charged with his 5th DUI which in Ohio meant major jail time back then.  After his 4th DUI 3 years previous he had his drivers license suspended for 10 years.  During opening statements the facts came out.  This guy lived on the east side of Cincinnati.  A friend picked him up to go play in a day long soccer tournament on the west side of Cincinnati.  After 14 hours at the soccer fields this guy, his friend and some of the other players went to eat when done playing soccer.  This guy got totally drunk at a bar after dinner.  Ok, its obvious he is an alcoholic. At 2am this guy was in the front seat passed out.  His friend leaves him in the car on the western side of cincinnati with the car running to go into a friend's house to get another friend and take him home.  While his friend was in the house our defendent wakes up and stretches out on the front seat then passes out again.  The problem was his foot was laying on the horn.  Someone on the street called the police,  The police arrested this guy for DUI.  We as jurors heard from the arresting officer and the defendent, thats it.  No new information came out during testimony.  After closing statements me and the other alternate juror were excused.  The Ohio revised code at the time stated DUI is if u r legally under the influence and either operating a vehicle or have a chance to operate a vehicle.  The defendent was arrested under the chance of operating a vehicle.  The defendent stated on the stand in tears he had not driven in 3 years and he didnt know his friend left the car running.  The deal here is if the car wasnt running he wouldnt be charged with DUI.  Guilty or not guilty???  How would u decide????  If I was a juror it would have been a hung jury or not guilty.  Once again principle of common sense i would have voted not guilty.  Finally, I did get to take that very pretty blond to a nice 1 plus hour lunch.  At lunch she told me where she told me where she worked.  One day the next week I called her work and asked 4 her to find out what the jurors decided.  The lady said she wasnt at work at that time.  I didnt press futher or try to call her again as I didnt want to get her in trouble.  Like I said before I still dont know the result.

  • Something is a little fishy here..BUT with his friends testimony to tell what went on, that he was left sleeping in the car.. and no witnesses to say they saw him driving at any time.. then the vote would be not-guilty, simply he was not operating a vehicle, if that is the code in this case then every time he gets into a vehicle he is guily of DUI (passenger,backseat or even asleep) the vehicle is operating with the chance he'd drive, that would have to be the case with buses, taxis or any other form of transportation..

  • Tough call.

    If it had been a first offense, based soley on the information provided, it would be not guilty.

    That being said, I don't want the guy on the road.  Having multiple DUI's in the past, it's obvious he never learned his lesson.

    A guy my husband went to high school with was drunk and speeding on his motorcycle with his girlfriend on the back.  He crashed.  She died.  He was in the hospital for a long time and wore a tube in his nose for a year after.

    He was profiled on the local news going into bars.  Don't recall the entire story.

    What's the kicker?  He was again driving drunk but this time killed a mom and all 5 of her children.

  • Wanted to add.... $5 million law suit for a 90+ year old woman dying?  That's crazy.

    What else is crazy?  Any doctor who would agree to heart surgery on a woman of that age.

    Heck, If you even do CPR on a frail 90yr old woman, you're going to crack all her ribs doing so.

  • I would probably find him guilty. That story just sounds completely fabricated to me. Of course his friends would do or say anything to keep their buddy out of jail.

    In response to Gabby...I had a personal friend or more like aquaintence that passed away 2 months ago in a bike accident. He was taking a turn to quickly and crashed into a parked car...died instantly.
    The kicker here....15 minutes before his death he posted on facebook a picture of his reciept from a local bar showing 7 crown and cokes, a salad and an iced tea...clearly he wasn't sober and it's creepy as hell that he posted that picture a few minutes before dying. Guess he really wanted to show everyone how serious drinking and driving can be!

  • I recall your friend dying.  I'm very sorry.
    It reminded me of the guy from Jackass who posted a photo of him drinking at a bar just before dying in a car accident.  Same story... both preventable.

  • One thing I wonder about in this case is that you heard testimony from the police officer and the defendant... no one else, no buddy that left him there with the car running as a witness? Why not? Seems he would be key in the case. What about the person in the house he was at or the guy he was picking up? Seems someone should have testified if this guy was telling the truth...


  • I swear on the bible this court case was not fabricated.  I was there.  I have no clue why the defendent did not have any of his buddies testify.  See I wasnt in the room while my fellow jurors discussed the case.  I heard the opening statements, the police officer and the defendent on the witness stand then the closing statements.  After that I was excused and told to report back to the jury pool area then I was released 4 the day.  Oh I forgot to type that in the 2nd week there I saw a juror from that medical malpractice case.  The trial lasted 3 days and the doctor was found not guilty. 

  • I agree with gabby and satan it is a tuff call and i sorta lean towards the guilty verdict.

    I have been called to jury duty several times and always answer questions in such a way that i am not picked. I tend to go too often for the underdog and can be a sucker for a sad story and prolly would end up letting a guilty person go free if i felt sorry for him. Unless of course it was a more serious crime like murder or rape. I would have sleepless nights coming up with the right decision.

  • I am the 4th pea in the pod with gabby, satan and lips. it would be tough but guilty.

  • I agree with gabby and satan it is a tuff call and i sorta lean towards the guilty verdict.

    I have been called to jury duty several times and always answer questions in such a way that i am not picked. I tend to go too often for the underdog and can be a sucker for a sad story and prolly would end up letting a guilty person go free if i felt sorry for him. Unless of course it was a more serious crime like murder or rape. I would have sleepless nights coming up with the right decision.


    I've never been picked.
    I'm with you, I am also a softie.  During the Casey Anthony case, I was thinking I would find her guilty on the 2nd count but not death.... because of her dad.
  • Omg i know just what you mean. Or i would think they are so remorseful (not in her case) and now they are broken and already being sentenced to a life of guilt.

    I think on an emotional level and could never be a judge or a jury.

  • The fact that his pals did not testify for him leads me to believe this guy was guilty.  If his friend wouldn't back up his story then maybe it was just a story.


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