- a blow-by-blow account of performing a valuable civic duty.
(Last Tuesday I wrote about the jury selection process. Today, I write about the Trial.)
10:00 As instructed, I show up at 60 Centre Street, the location of NYC’s cavernous Supreme Court building. I make my way to the jury reporting room on the 4th floor, a huge waiting area with very high ceilings. On the walls are giant murals depicting Colonial-era heroes, lest we forget who set up this whole “trial by jury” legal system. I’m told to take a seat and wait for my case to be called. I follow these instructions perfectly.
11:20 Jurors for the LaBoy case are instructed to report to the front desk. That’s me! I’m a juror on the LaBoy case! Larry the Court Officer (a likeable, slightly oafy white guy in his 30s) is waiting for us. He introduces himself and leads us out of the waiting area and through a labyrinth of staircases and hallways until we arrive at jury room 331m, which will be our private room for the duration of the case. The 8 of us (this is a civil trial, there are 6 jurors as well as 2 alternates) sit around a big wooden table, and Larry gives us a brief run-down of our situation (that the case should start soon, and that there is a good chance the parties involved may settle). Sitting around this table, I get a good look at my fellow jurors: 5 white women, 2 white men (including myself), and one black woman. We perfectly reflect the diversity of New York City. Larry makes his exit, and we are left to wait in room 331m until the case begins.
11:40 Larry re-enters our juror’s lair and tells us the case is about to begin, and that we are now to follow him into the courtroom. He leads us down a flight of stairs to a big wooden door, knocks twice (perhaps the secret knock of a court officer), then opens it and yells “Please rise for the jury”. We then enter the room, and indeed, everyone has risen for us: the judge, both lawyers, the plaintiff and his mother, the court reporter, and one other gentleman whose job title I am still not sure of. This gentleman (a white-haired, white-bearded man in his 50s) walks over to us and has us take some sort of oath in which we the jury pledge to be fair and attentive. I’m perhaps too attentive, as I can’t help but notice the massive bulge in this man’s pants. When everyone was told to rise for the jury, it seems that he took this command quite literally.
Regardless, the trial is now underway. So far, we in the jury have only been given a brief synopsis of the case: that in October of 2000, a 10 year old boy tripped and fell on the staircase of the city-owned building where he and his mother lived. The boy suffered a severe ankle injury that required surgery. His mother then sued the city, maintaining that the stair he tripped on was broken, and that the injury would not have happened were it not for the city’s negligence. Now it’s time for us in the jury to hear the facts of the case, and then judge whether the city really was at fault.
The judge, a stern black woman in her 50s, reads us a redundant list of rules and regulations concerning how she expects the trial to be conducted. While she is talking, I notice how loud the room is, full of creaking and squeaking noises of indeterminate origin, as if haunted by the ghosts of trials past.
Whether haunted or not, the trial then begins in earnest. The lawyer for the plaintiff, Mr. Brian King, stands and makes his opening argument, the gist of which is that he is confident that we in the jury will come to the conclusion that Mr. LaBoy’s ankle injury was a result of the City of New York’s negligence. I notice Mr. King’s habit of systematically making eye contact with each member of the jury, trying to connect with us on a personal level. He’s slick, this Mr. King, but I can’t help but like him.
Mr. King is followed by the city’s lawyer, Ms. Leung. She is certainly in an unsympathetic position, having to argue against a poor Hispanic family while taking the side of a massive entity rather than an actual person. Still, she plants seeds of doubt quite effectively, emphatically maintaining that Mr. Laboy’s story regarding what happened on the day in question is riddled with holes and contradictions, and that the city was in fact NOT at fault in any way.
After these opening arguments, the first witness is called to the stand, none other than Mr. LaBoy himself. Although the injury occurred when he was 10, he is now almost 15. (No one has ever accused the legal system of moving too fast.) His mother watches nervously from the spectator viewing area, every time I glance at her she seems to be compulsively scratching at her arms. Mr. LaBoy is sworn in (by the still-erect white-haired gentleman), and Mr. King begins to question him about his injury. Mr. LaBoy answers very quietly; he speaks hesitantly and with a slight lisp, and is hard to hear despite the fact that he is speaking into a microphone. Mr. King soon introduces evidence into the case: polaroids of the staircase in question, in which one can clearly see the stair on which Mr. LaBoy fell. It is chipped and jagged. Mr. King then has LaBoy walk down in front of the jury box, where he lifts his pant leg and displays the scars from his ankle surgery.
Mr. LaBoy is then cross-examined by the defense. She attempts to exploit holes in his story, especially regarding discrepancies between his current testimony and a sworn deposition he gave in July of 2002. For reasons yet unclear, a sticking point for both sides seems to be whether Mr. LaBoy fell as a result of trying to avoid a puddle of urine on the staircase. Ms. Leung brought up this issue, and Mr. King immediately objected. The objection was sustained. Ms. Leung then pauses like she is going to re-phrase her question, but instead simply repeats it. Mr. King objects again, and it is again sustained. She pauses once more, and then asks the question for the third time. Mr. King objects again, and once again the objection is sustained. Only then did Ms. Leung move on. I thought the whole exchange was hilarious, though there was probably a strategy to it that I did not pick up on.
At 1 p.m., we break for lunch, though the defense was not yet done her cross-examination. She’ll finish when we return.
1:00-2:00 Lunchtime. I stroll down to Chinatown and get an excellent vegetarian lunch (shredded vegetable meat with hot green pepper, bean curd soup, brown rice, and tea) for the extremely fair price of $4.00. Being able to eat lunch in Chinatown is a phenomenal perk of jury duty, and makes me wish that the case will last for a while.
2:00 Following the photocopied directions that Larry had given us earlier, I make it make my way back to jury room 331m. Fifteen minutes later, Larry comes in to escort us back to the courtroom. Everyone rises for us, once again. It’s really nice having people stand up every time you enter a room. It generally does not happen at my temp job. Ms. Leung quickly finishes her cross-examination. A humorous aspect regarding her style of questioning was the way she ended every statement she made by saying “Correct?” in a clipped, nasal voice. It sounded more like she was saying “ker-ank?” over and over again. Mr. King then asks LaBoy a few follow-up questions, dealing with the treatment he has received from one Dr. Strauss (another seemingly important element in the case). With that, LaBoy’s time on the witness stand is done.
2:46 The judge sends us back to room 331m for what we are told will be a brief recess. I’m not sure of the legal definition of “brief”, but am pretty certain that it implies a length of time not much more than half an hour in length. Well, 30 minutes passes by, then 60. We have not been summoned back. Finally, after an hour and a half, the white-haired gentleman with the perpetual hard-on comes into the room. He thanks us for our patience, says we have not been forgotten, and mentions that “something” is going on in the courtroom. He says that they’ll let us know what’s going on as soon as they can. He then leaves, taking the bulge in his pants with him.
4:47 Mr. White-Hair re-enters our room, this time followed by a special guest: the judge! She tells us that the case has just been settled monetarily, and that our service is done. We are free to go.
While I was happy to not have to miss any more work as a result of jury duty, I was also disappointed that we would be unable to see the case to its completion. It was frustrating to wrap myself up in the trial, thinking I had a major role, only to be made irrelevant. On the way to the elevators, I talked to other members of the jury about the case for the first time. They seemed to be leaning towards the plaintiff. I was as well, though far from convinced. I assume that the case was settled because the city knew that the LaBoy’s had a convincing argument, and was nervous about the prospect of a jury-determined cash award. But who really does know?
So long as I can fit it into my schedule, I’d be happy to serve as a juror again (especially in NYC, where the courts are so close to Chinatown). It’s a nice break from work, provides one with plenty of free time, and is an interesting glimpse into a world most of us have no familiarity with (outside of movies and television). In two years, when I am again called to perform this civic duty, my verdict will most certainly be: AWESOME!